No Official Traffic Control Device — Statutory Element Failure
Indiana Code §9-21-4-1 makes it the duty of the Indiana Department of Transportation and local authorities to place and maintain official traffic-control devices conforming to the state manual (MUTCD). Under IC 9-21-4-3, no provision requiring traffic-control devices is enforceable against an alleged violator if the device was not in proper position, sufficiently legible, and visible to an ordinarily observant person at the time and place of the alleged violation. This is a complete affirmative defense for any parking restriction (no-parking, time-limit, permit-only, street-cleaning, snow route) imposed by signage rather than by statute itself.
Legal basis
IC 9-21-4-1; IC 9-21-4-3; IC 9-21-4-4 (manual on uniform traffic control devices)
Sample appeal wording
TO: [Parking Violations Bureau / Hearing Officer] RE: Citation [TICKET_NUMBER] I request dismissal under Indiana Code §9-21-4-3, which provides that no provision of the traffic code 'for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.' On [DATE] at [TIME], my vehicle ([PLATE]) was parked on [STREET]. The relevant sign was [missing / faded illegible / obscured by foliage / blocked by truck / fallen / turned 90°]. A reasonable driver could not have notice of the restriction. Evidence: (1) date-stamped photos; (2) Street View screenshot; (3) sworn statement. Dismissal is required. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- Indiana Code §9-21-4-3
- Indiana MUTCD
- IC Title 9 Article 21