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Thread: Another FOIA Beat-down -- with New Britain ~ parking ticket case

  1. #1
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    Another FOIA Beat-down -- with New Britain ~ parking ticket case

    Well, I got a parking ticket in New Britain....in Sep. Hooray!

    So first, I filed a FOIA request asking for any records the hearing officer (HO) may rely upon ... got a response and examined the record provided (a book).

    So today was the hearing date. I go in, set my video camera up and my audio recorder and notice that the HO has a second book !

    FOIA violation alert. I had my first FOIA request with me, so I was prepared.

    I also noted that they did not post an agenda for the meeting ~ another FOIA violation.

    Prior to hearing the merits of the case, the HO agreed to have the Freedom of Information Commission to hear the FOIA violations prior to hearing the merits of the parking case.

    While parking ticket (or any admin hearing) adjudication is not strictly under the 14th amendment (see Grimes v. Conservation Commission 243 Conn. 266; CT supreme court 1997) it must be fair. Asking for records used to rely on reaching a decision is required by our common law rights. And I specifically asked for such records via a FOIA request.

    Now the HO's secretary did actually have an agenda ... but they never posted it. The HO stated that they post the schedule of their meetings and he thought that this was enough. But when I whipped out a FIC case decision and CGS Sec 1-225 I think he realized his assumption was incorrect.

    He was a very nice man and I was pretty much toned down. I was not happy to see that 2nd book though, that was withheld by the city.

    Now it would take the FIC a year to hear and rule on the case so I'll contact the city's corporate consul to see if they want to just dismiss the case. Why have them fix their FOIA issues? May be useful later.

  2. #2
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    Result - case dismissed !

    I am in receipt of your November 21, 2013 e-mail. Before I respond, I want to clarify one thing. You received a ticket because you had an expired meter. You know it and I know it and that should have been the end of it.

    At this point, however, I cannot justify spending any more of the City of New Britain’s resources on a $10.00 parking ticket. Although a Freedom of Information Commission hearing would be a waste of time and would not result in a reversal of the parking ticket fine, I will accept your offer that your parking ticket appeal be dismissed with prejudice provided you agree to not pursue a complaint with the Freedom of Information Commission. I need you to confirm via e-mail. Once the confirmation is received, I will instruct the Ms. Webber’s office to dismiss your ticket.

    Joe Skelly



    One could use my technique to get almost any parking ticket dismissed in this state. No one complies with our open meeting requirements under the FOIA Act.

    If one gets a parking ticket, PM me and I'll let you know the steps needed to win almost every parking ticket w/o the need for even having to present a case.

    I would have won this case on the merits too ... but why chance their "fair hearing" if one can beat them down to dismiss the case?

    I will not follow though with a FOIC case against the town .. I figure, let them continue their procedures that violate the law...

  3. #3
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    Quote Originally Posted by davidmcbeth View Post
    I will not follow though with a FOIC case against the town .. I figure, let them continue their procedures that violate the law...
    Ready to whip them pubic servants with it next time!
    I am responsible for my writing, not your understanding of it.

  4. #4
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    Quote Originally Posted by Nightmare View Post
    Ready to whip them pubic servants with it next time!
    A whopping $30 case. lol

    But better in my pocket than theirs

    I won another case of a non-paid toll in NYC (have I mentioned that I dislike NYC?).
    That one won through a simple motion to dismiss - lack of subject and personal jurisdiction pleading.
    Although that one too, I would have won on the merits.

    They try to scam people sometimes.
    Last edited by davidmcbeth; 11-27-2013 at 03:08 PM.

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