Resident challenges photo-ticket mailing practice; judge says notice to address of record was adequate

Lake Forest Park, Wash. — At the end of the Feb. 17 calendar, Judge Portenoy (pro tem) heard a legal motion from resident Leif Kerchoff challenging the city’s photo-ticket mailing process and the vendor’s handling of Department of Licensing address fields.

Kerchoff told the court he repeatedly receives tickets after a delay because the vendor, VeriMobility, does not use the mailing-address field from the Department of Licensing records; he asked the court to subpoena city staff and vendor employees to explain the vendor’s business logic. "My interest here is to force City of Lake Forest Park to do this the proper way so that I get tickets when it happens," Kerchoff said during argument.

The judge examined the notice of infraction, DOL records presented by the clerk, and video evidence showing the school-beacon flashing at the time the vehicle passed the camera. Portenoy reviewed the Department of Licensing record showing a residential street address and a secondary mailing address and explained the vendor and the court use the registered "address of record." The judge said the city’s mailed notice and the record showing the registered address supported a finding that Kerchoff had constructive and actual notice.

"I find that there was not a violation of due process notice; the notice was mailed to the address of record," Judge Portenoy said, reading the officer's sworn certification into the record. The judge added that Kerchoff retains the right to appeal the ruling to superior court.

Kerchoff said he intends to appeal and questioned why the vendor would not adopt the common business practice of using the mailing-address field when present. The court noted that vehicle registrations require a physical street address in Washington and that constructive notice principles apply when the record is mailed in the ordinary course.

Next steps: Judge Portenoy entered the infraction as committed for the camera ticket at issue and advised Kerchoff on the procedures to file an appeal; Kerchoff indicated he would pursue appellate review.