Missing 21-Day Hearing Notice (MGL c.90 §20A½)
Massachusetts General Laws Chapter 90 §20A½ requires that a person aggrieved by a parking citation may, within 21 days of issuance, request a non-criminal hearing before the parking clerk. If the issuing municipality fails to schedule the hearing or fails to give written notice of the hearing date, the citation may be dismissed for lack of due process. Many municipalities also fail to schedule within the statutory timeframe, creating a procedural escape hatch.
Legal basis
MGL c.90 §20A½ (non-criminal disposition of parking violations); Mass. Const. Art. XII (due process)
Sample appeal wording
To: [PARKING CLERK / OFFICE OF THE PARKING CLERK] Re: Citation #[TICKET NUMBER] Plate: [PLATE] Date of Citation: [DATE] Dear Parking Clerk, I am writing under MGL c.90 §20A½ to request dismissal of the above citation. On [DATE OF REQUEST] I submitted a timely written request for a non-criminal hearing within the 21-day statutory window (proof attached: [MAIL RECEIPT/EMAIL/ONLINE CONFIRMATION]). The Office has not scheduled a hearing nor provided written notice of any hearing date as required by §20A½. I have therefore been deprived of the statutory adjudicatory process and of due process under Article XII of the Massachusetts Constitution. I respectfully request the citation be dismissed in full and any associated late fees, RMV non-renewal markers, or collection actions be reversed. Sincerely, [NAME] [ADDRESS] [PHONE / EMAIL] Enclosures: copy of citation, proof of timely request
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- MGL c.90 §20A½ — malegislature.gov
- Boston Parking Clerk procedures — boston.gov/departments/parking-clerk