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Berkeley Parking Ticket Appeal: How to Contest a Citation

Berkeley Parking Ticket Appeal: How to Contest a Citation

Berkeley is one of California's most aggressively enforced parking jurisdictions per capita. The city has high residential permit density, a large commuter population from UC Berkeley, and active street sweeping enforcement in residential neighborhoods. If you received a citation here, you have the same three-tier dispute process available to every California driver — but the window to act is narrow and the steps are specific.

Berkeley Parking Citation — Who Issued It?

Before filing an appeal, identify who issued the ticket. This matters because Berkeley has multiple issuing authorities:

  • City of Berkeley Parking Enforcement — street citations on public roads
  • UC Berkeley (UCB) Parking & Transportation — citations issued on UC Berkeley campus property

These are handled through separate systems. This post covers City of Berkeley citations on public streets. UC Berkeley campus citations use the campus's own administrative process through UCB Parking & Transportation.

The Three-Tier Appeal Process for City of Berkeley Citations

California Vehicle Code § 40215 applies to all California municipal parking agencies, including Berkeley.

Step 1 — Initial Administrative Review Request within 21 days of the citation issuance date. Berkeley typically allows submission online, by mail, or in person. You do not pay the fine at this stage — the citation goes on hold during review. Submit a written statement with your legal ground for contesting, and attach evidence (photos, receipts, screenshots of meter payment confirmation, etc.).

If the review upholds the citation, you receive a mailed "Notice of Decision."

Step 2 — Administrative Hearing You have 21 days from the mailing date of the Step 1 denial to request a formal hearing. At this stage, you must deposit the full fine amount upfront (CVC § 40215(b)). Indigent drivers can apply for a payment waiver under CVC § 40220, with payment plans available at a maximum of $25 per month for balances under $500.

The hearing is conducted by a neutral officer — independent of the agency that issued the ticket. You can submit a written declaration or request an in-person hearing.

Step 3 — Alameda County Superior Court Appeal If the Administrative Hearing rules against you, you have 30 days to file a civil appeal in Alameda County Superior Court (CVC § 40230). Filing fee is $25, recoverable if you win. The judge hears the case de novo — fresh start, no deference to the administrative decision.

Strong Defenses for Berkeley Parking Citations

Residential Permit Zone Signage (CVC § 22507) Berkeley has extensive Residential Permit Parking (RPP) zones. CVC § 22507 requires that signs marking these zones be placed on the specific street. If the block where you parked was not signed — or if the sign was missing, damaged, or obscured — photograph the area and request the city's sign maintenance records via CPRA (California Public Records Act).

Street Sweeping Signage (CVC § 22507.6) Street sweeping restrictions require posted signs giving "adequate notice." Missing or obscured signs at the zone entrance are a valid defense. Document the block, photograph the entrance signage (or its absence), and request the city's sweeper schedule for that block to confirm whether the sweeper ran on the day you were cited.

Broken Meter (CVC § 22508.5) If the meter could not accept any form of payment — coin or card — you are legally permitted to park up to the posted time limit without penalty. Record video evidence of the failure and call the city to report it immediately, noting the reference number.

Inaccurate Citation If the officer recorded the wrong license plate number, wrong vehicle color, wrong street address, or wrong violation code, these errors can be grounds for dismissal. Compare every field on the citation against what was actually true.

Daylighting — AB 413 (Effective January 1, 2025) California's new daylighting law (CVC § 22500(n)) prohibits parking within 20 feet of the vehicle approach side of any crosswalk — painted or unpainted. This applies in Berkeley as of 2025. If your citation is for a corner parking violation and there is no red curb paint, the absence of paint is no longer a defense under state law. Document the exact distance from your vehicle to the nearest crosswalk approach if you believe the measurement is wrong.

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CSULB Parking Ticket Appeal

Cal State Long Beach (CSULB) parking citations are issued on California State University property and are handled through the CSULB Parking & Transportation office — not through Long Beach City parking enforcement.

The CSULB appeal process:

CSULB uses an administrative appeal process managed by the university. Typically:

  1. Initial Appeal: Submit within 21 days of the citation date through the CSULB Parking & Transportation online portal or in person at the parking office. No payment required at this stage.
  2. Hearing: If the initial appeal is denied, you can request a formal hearing before an independent hearing officer. The fine deposit is generally required at this stage.

CSULB citations are issued under the California State University parking regulations, which operate alongside (but separately from) the CVC framework that governs public street citations. The same general principle applies: objective evidence tied to a specific rule violation by the university (missing signs, inoperable payment kiosk) is far more effective than subjective explanations.

Common CSULB citation types include: no valid permit displayed, wrong permit zone, overtime parking in timed zones, and blocked loading zones. For the "no permit displayed" category, if you held a valid permit but it fell off your mirror or was not visible, a photo of the valid permit with its expiration date is often sufficient for dismissal at the initial appeal stage.

What Evidence Works

Regardless of whether your citation is from Berkeley City or CSULB, the same standard applies: preponderance of evidence. Objective documentation beats narrative explanation every time.

Effective evidence: - Time-stamped photos from the day of the citation showing the relevant sign (or its absence), your vehicle's position, the meter, or the curb condition - Video of a malfunctioning meter (coin rejection AND card reader failure) - Proof of valid permit (photo or app record with timestamp) - City maintenance records obtained via CPRA - Official street sweeping schedule showing sweep time vs. your ticket time

What does not work: - "I've parked there for years without a ticket" - "The officer had it out for me" - "I was only gone five minutes"

The California Parking Ticket Dispute Guide

This guide covers the full three-tier process for California municipal parking citations, with city-specific details for Berkeley, Oakland, and other Bay Area cities, plus violation-specific defense scripts and appeal letter templates organized by CVC section.

FAQ

How do I appeal a City of Berkeley parking ticket? Request an Initial Administrative Review within 21 days of the citation date through Berkeley's parking citation portal. Attach evidence, state your legal ground, and wait for the city's decision. If denied, request an Administrative Hearing within 21 days of that denial.

How do I appeal a CSULB parking ticket? Submit an appeal through the CSULB Parking & Transportation office within 21 days of the citation date. If denied, request a formal hearing before an independent hearing officer.

What happens if I miss the 21-day appeal window in Berkeley? Late fees are added once the citation enters delinquent status, and eventually a DMV registration hold is placed on your vehicle under CVC § 4760. If you've just missed the window, contact Berkeley's parking office immediately — some cities allow late requests for Initial Review with documented good cause.

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