Special Magistrate upholds $50 parking fine but waives $50 administrative fee

Special Magistrate Doug MacGibbon heard the appeal of a parking citation issued April 8 for a blue Toyota Corolla and upheld a $50 fine while waiving the city’s $50 administrative fee.

Officer Sergio Gaspar, identified in the hearing as Officer 6018, told the magistrate he found the vehicle in the lower lot during routine patrol and, after multiple handheld checks, the vehicle’s plate did not appear as paid. "I issue a citation for $50 for not paying on the meter or not paying the parking," Gaspar said. The respondent, Andre Tolomack, testified he had been running from the rain and "thought it was, like, for free because it's, like, a public beach," saying he saw signs only on his way out.

MacGibbon said Tolomack’s explanation was "credible, but it does not follow the law," and exercised limited discretion: "I will let them keep their $50 parking fine, but I'll waive the administrative fee so it won't be a $100 ticket." Staff told Tolomack the city will send a confirmation email with a payment link. The magistrate and staff also noted that license-plate scanning is used for enforcement and advised drivers to park face-in so plates are visible for cameras and scanners.

The hearing record shows certified mail and reminder emails were sent to the respondent before the hearing. The decision leaves Tolomack responsible for the $50 citation; the waived administrative fee means the total owed is $50.