No Notice / Substituted Service Defense
Utah Const. Art. I §7 (due process) and §41-6a-218(4) require parking notice to be (a) attached to the vehicle or (b) served by mail to the registered owner within a reasonable time. If the owner first learns of citations via DMV registration block months/years later, the city failed to provide the constitutionally required notice and an opportunity to be heard before depriving the owner of the property right (registration). Hearing officers and Justice Courts must vacate the citation and lift the hold.
Legal basis
Utah Const. Art. I §7; Utah Code §41-6a-218(4); Mullane v. Central Hanover, 339 U.S. 306 (1950); §41-1a-1306
Sample appeal wording
[CITY] Parking Hearing Officer / [CITY] Justice Court RE: Citation #[CITATION] – Registration Hold I was notified of this citation only on [DATE], when DMV refused renewal due to a registration hold. I never received notice on my vehicle or by mail. My address of record at all relevant times has been [ADDRESS] (DMV record attached). The failure to provide notice violates Utah Const. Art. I §7 and Utah Code §41-6a-218(4); see Mullane v. Central Hanover Bank, 339 U.S. 306 (1950) (notice 'reasonably calculated' to apprise interested parties is required). I request the citation be dismissed and the registration hold lifted. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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