Q: Are Walmart parking lots considered private property?
Long story short, I need to pay my car’s tags, it’s been a rough year so I kept putting them off with each disaster, and I’ve recently started getting parking citations for my car’s tags when I am at work. I have no other vehicle available most of the time and I don’t have the money to pay the tags. A friend told me that I should not be getting parking tickets because I am in a private parking lot. Is that true?
A:
In California, parking lots owned by private businesses, including Walmart, are generally considered private property. However, this does not necessarily mean that you cannot receive parking citations for expired tags while parked in these lots.
Here's why:
1. Private property owners can enforce parking restrictions on their property, and they may have agreements with local law enforcement to issue citations for various violations, including expired tags.
2. In California, it is illegal to operate or park a vehicle on any public street, highway, or parking facility without current registration tags, regardless of whether the property is public or private.
3. Law enforcement officers can issue citations for expired tags on private property if the vehicle is clearly visible from a public street or if they have been granted permission by the property owner to enter the lot and enforce vehicle codes.
It's essential to prioritize getting your car's tags up to date to avoid further citations and potential legal issues. Some options to consider:
1. Contact your local DMV to discuss payment plans or possible fee waivers based on your financial situation.
2. Explore public transportation, carpooling, or other alternative means of getting to work until you can resolve the issue with your car's tags.
3. Consult with a local legal aid organization or attorney to discuss your specific situation and potential options for contesting the citations, given your financial hardship.
Remember, while your friend's advice may be well-intentioned, it's crucial to verify legal information with reliable sources and address the underlying issue of expired tags to prevent future problems.
A: A citation can be issued in a public parking lot. Most land owners don't want their property to be safe havens for illegal activities.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
