As I know all too well, getting a parking ticket or red light camera ticket in Chicago can be stressful and confusing. Unpaid tickets can lead to serious consequences, including fines, booting, impounding, and even driver’s license suspension. This blog post will guide you through the basics of Chicago parking tickets and traffic camera tickets, including the consequences of non-payment, how to contest a ticket, and how Chapter 7 or Chapter 13 bankruptcy can help eliminate your ticket debt.
Consequences of Unpaid Parking Tickets in Chicago
Ignoring a parking ticket or traffic camera ticket in Chicago is not a good idea. Here are some of the potential consequences:
- Fines and penalties: The base fine for a parking ticket can double if not paid within 25 days. Red light camera tickets typically carry higher fines than parking tickets. Additionally, late fees and penalties can quickly add up, making the debt snowball. Click to see a list of all Chicago parking ticket costs.
- Booting and impounding: If you have three or more unpaid tickets, your car can be booted, making it impossible to drive. If the boot remains on for 24 hours, your car will be impounded. Towing and storage fees for impounded vehicles can be expensive.
- Contested tickets: Contesting a parking ticket keeps your car safe from booting and impounding, but only if you are below three tickets and only while the hearing is pending. Once a final determination has been made the city can boot your car.
- Driver’s license suspension: While Illinois no longer suspends licenses for unpaid parking tickets, some municipalities may report unpaid camera tickets to the DMV, which could lead to suspension in certain cases.
- Negative impact on credit score: Unpaid tickets that are sent to collections can damage your credit score, making it harder to qualify for loans or other forms of credit.
Contesting Tickets in Chicago
You have the right to contest a parking ticket or red-light camera ticket in Chicago, but the process can be time-consuming and complex. Below are key aspects to consider when contesting a ticket:
Deadlines: Timing is critical when contesting a parking ticket:
- Parking Tickets: You have 14 days to request a hearing.
- Traffic Camera Tickets: You have 21 days to request a hearing.
Make sure to adhere to these deadlines to preserve your right to contest.
Locations of Chicago Parking Ticket Hearings
Defenses: While there are limited defenses you can use to contest a ticket, here are the most common ones:
- Mistaken Identity – Mistaken identity can occur in several ways:
- Incorrect License Plate Number: The ticket may have been issued to the wrong vehicle due to a misreading of the license plate number. Always double-check the ticket details to ensure they match your vehicle’s information.
- Vehicle Wasn’t in Chicago: If your vehicle wasn’t in the city at the time the ticket was issued, this is a valid defense. Gather documentation like receipts, GPS data, or witness statements to support your claim.
- Stolen Plates or Vehicle: If your license plates or vehicle were stolen and used to commit the violation, report the theft immediately and provide the police report when contesting the ticket.
- Malfunctioning Equipment – Faulty equipment can result in unjust tickets:
- Broken Parking Meter: If you received a ticket at a malfunctioning parking meter, you can contest it. Take photos or video evidence of the broken meter, including the meter number, and report it to the city promptly.
- Defective Ticketing Machine: A faulty ticketing machine might issue incorrect tickets. Document the machine number and gather any receipts or evidence of payment.
- Faulty Cameras or Sensors: If the ticket was issued based on camera or sensor data, such as in a no-parking zone or loading area, and the equipment was not functioning correctly, obtain maintenance records or other evidence to support your defense.
- Improper Signage – Improper or unclear signage is a strong defense:
- Missing Signs: If there were no signs indicating the parking restriction, take photos showing the lack of signage where your vehicle was parked.
- Obstructed or Vague Signs: Signs that are obstructed by trees, buildings, or other objects may not be enforceable. Similarly, vague or confusing signage might not clearly indicate a violation.
- Incorrect Signage: Sometimes, signage may be incorrect or not aligned with current regulations. If temporary signs were left up longer than permitted, this could invalidate the ticket.
- Wrong Location on the Parking Ticket – An incorrect location on the parking ticket is another potential defense:
- Incorrect Street Name: If the street name listed on the ticket is incorrect, this could invalidate the ticket. For example, if the ticket says your vehicle was parked on “Main Street” when it was actually on “Maple Street,” this discrepancy can be grounds for dismissal.
- Wrong Address Number: The ticket might list an incorrect address number or block. Take photos of your vehicle at the actual location and compare it to the address on the ticket.
- Inaccurate Intersection or Zone: If the ticket lists an intersection or parking zone that doesn’t match the area where you were parked, document your vehicle’s actual location and any nearby landmarks to support your claim.
Tickets Apply to the Car, Not the Driver – It’s important to understand that parking tickets are tied to the vehicle, not the driver:
- Ticket Is Tied to the Vehicle: Regardless of who was driving or parking the car, the ticket is the responsibility of the vehicle owner. If you let someone else use your car and they receive a ticket, you are still legally obligated to address it.
- Responsibility of the Vehicle Owner: Ensure that anyone you allow to use your car understands and follows parking regulations. If they fail to do so and receive a ticket, you must pay the fine or contest the ticket if you believe there is a valid defense.
- No Transfer of Liability: The city does not allow the transfer of liability for a parking ticket to the person who was driving at the time. The ticket remains tied to the vehicle and, therefore, your responsibility as the owner.
Grace Period: As of June 2024, sources have reported that the City of Chicago provides a three-minute grace period for parking tickets, though there is no official policy confirming this. Additionally, the ParkChicago website states that each initial parking purchase includes up to two minutes of complimentary time, likely covering this grace period. To claim any grace period, you will need to contest the ticket by contacting the city at 312.744.PARK (7275).
Evidence: Providing solid evidence is crucial when contesting a ticket:
- Photographs: Clear photos of the location, signage, or equipment.
- Witness Statements: Statements from anyone who was with you or saw the situation.
- Documentation: Receipts, GPS data, or any other relevant paperwork.
Title Transfer Issues After Selling Your Car: If the buyer hasn’t transferred the title after the sale, try to arrange the transfer in person. If they’re unresponsive, gather their contact information and consider consulting a lawyer to enforce the transfer. Until the title is officially transferred, you remain legally responsible for any tickets, accidents, or other issues involving the vehicle. Be aware that the police will treat this as a civil matter, not a stolen vehicle.
Seeking Legal Help: If you’re contesting a parking ticket, an attorney with experience in traffic law can guide you through the process and improve your chances of a favorable outcome.
Will Filing Bankruptcy Remove the Boot from My Car in Chicago?
Yes, filing for bankruptcy in Chicago can lead to the release of the boot from your car. According to regulations, the city is obligated to remove the boot. While the city will release the boot upon bankruptcy filing, they may charge you a fee to do so. However, it is crucial to exercise caution, as the city is closely scrutinizing cases due to an increase in fraudulent bankruptcies filed solely to remove a boot or retrieve a car from impound. It is essential to ensure that all your bankruptcy paperwork is accurately filed to avoid bankruptcy fraud proceedings. It’s important to note that if you file for Chapter 7 bankruptcy, the debt related to the boot release fee may not be discharged, potentially leading to a recurring problem. For individuals facing a substantial amount of tickets, exploring the option of Chapter 13 bankruptcy might be worth considering to address the issue more comprehensively.
Clear Path Relief Program (CPR)
The City of Chicago offers the Clear Path Relief Program (CPR) to assist low-income motorists with managing their vehicle-related debt.
This program is not connected to bankruptcy. You can apply for it at any time, provided you meet the eligibility criteria. Here’s a breakdown of the program:
Program Benefits:
- This program can help reduce or eliminate certain kinds of vehicle-related debt, including parking, compliance, red light, and speed tickets (excluding expired meter tickets).
- If you pay the original fine amount for tickets issued in the last 3 years, all eligible debt older than 3 years will be waived.
Eligibility:
- You must have outstanding vehicle-related debt and be the registered owner of the vehicle associated with the debt.
- You must be a member of a household currently enrolled in:
- The Utility Billing Relief Program
- The Administrative Debt Relief Program
- OR have a household income of less than 300% of the Federal Poverty Guidelines.
Chapter 7 Bankruptcy as a Solution
If you are struggling with overwhelming parking ticket debt, Chapter 7 bankruptcy can help. Many law firms in Chicago claim that a Chapter 7 bankruptcy can wipe out parking ticket debt, but this is only half true. Parking tickets are governmental fines which are not dischargeable in Bankruptcy, but there is a special program in Chicago for people who have just completed a Chapter 7 bankruptcy. After completing your bankruptcy case, you need to enroll in this separate program.
Fresh Start Debt Relief Program
The Fresh Start Debt Relief Program provides relief from certain vehicle ticket debt to people who obtain Chapter 7 bankruptcy discharges. It’s important to highlight that if your city of Chicago ticket debt is under 3 years old, this is a repayment plan. Here’s an overview of the program:
Who is Eligible:
- Anyone who has received a Chapter 7 discharge, or who is currently a debtor in a Chapter 7 bankruptcy case.
Program Benefits:
- Eligible debtors pay only the base fine amount for parking, standing, compliance, and camera tickets incurred within the 3-year period preceding their bankruptcy petition date and up to the date of enrollment in the plan, spread over a period of up to 5 years.
- If all of your tickets are older than 3 years, all of your fines, penalties and costs will be waived without any repayment.
- Monthly amounts are very low. For parking ticket debt of $900 or less your payment would be $25 a month for up to 36 months. The payment amounts and repayment duration vary depending on the amount you owe.
- Impounded vehicles can be released upon making a 25% down payment on the total plan amount.
Enrollment Process:
- Contact the City’s representative via email or in person at the payment center.
- Provide necessary information, including your name, address, driver’s license number, and vehicle plate numbers.
- Review and sign the Fresh Start payment plan contract.
- Make the initial payment and any down payment (if applicable).
- Subsequent monthly payments must be made by mail as outlined in the agreement.
Important Notes:
- This is a general overview; specific terms may vary depending on your individual case.
- Consult with an attorney to understand your eligibility and determine if the program is right for you.
- Additional tickets incurred during the plan period will not be covered and could lead to booting or impounding.
- Current Chapter 13 debtors are not eligible for this program but may consider converting their case to Chapter 7 after consulting with an attorney.
Chapter 13 Bankruptcy
- Parking tickets, tolls, and other government fines cannot be eliminated in Chapter 7, but they can be discharged in Chapter 13. In Chapter 13, you formulate a reorganization plan to repay your debts over a 3-5 year period. Chapter 13 doesn’t discharge criminal fines associated with traffic violations, there’s good news for civil penalties:
- Unpaid parking tickets and red light camera tickets are categorized as civil penalties can be included in your Chapter 13 plan.
- You’ll pay a portion of the fines alongside your other unsecured debts according to your affordable plan.
- Upon successful completion of the plan, the remaining balance of the tickets is discharged, offering much-needed relief.
Additional Benefits of Chapter 13:
- Even if your traffic fine cannot be discharged, including it in a Chapter 13 plan protects you from certain consequences during the plan period.
- The government cannot revoke your driver’s license or incarcerate you for non-payment while the plan is active.
- This provides valuable breathing room and prevents further hardship while you repay your debts.
Schedule a Free Consultation
If you have unpaid parking tickets or traffic camera tickets in Chicago or other cities in Illinois, Steven Grace Law can help. We offer free consultations to discuss your options and explore solutions to eliminate your ticket debt. Contact us today to schedule your appointment.
