.

Woman Loses Appeal of $300 Parking Ticket at Danvers BJ’s

A 56-year-old Lynnfield woman has lost her court appeal of a $300 ticket she received last year for parking in a handicapped space outside BJ’s Wholesale Club in Danvers.

A Lynnfield woman has lost her appeal of a $300 ticket she received for parking in a handicapped space outside in Danvers.

The Salem News reported Wednesday that a Newburyport Superior Court judge rejected the appeal earlier this week on the grounds that despite the circumstances, she still should not have parked illegally.

On March 30, 2010, Janice Eberle, 56, had been shopping at BJ’s for a generator. As she was leaving, Eberle pulled into a handicapped spot to run back in and retrieve a credit card. It was pouring rain at the time. She was only inside for a few minutes, but that was all the time it took for an officer to notice the illegally parked car and write a $300 ticket.

Eberle did not have a handicapped placard on her license plate.

She contested the ticket with town Parking Clerk Stephen Delaney, who refused to waive the fine, and then filed a complaint in court. Eberle argued several hardships, including the weather, the quick dash inside for the forgotten credit card, recent shoulder surgery and a flooded basement at home due to the weather, according to news reports of the case.

The case did draw national media attention.

The Salem News reported on Wednesday that Eberle now has until July 7 to pay the ticket.

Carla King May 26, 2011 at 10:34 AM
Great news! No one should park in handicap spots. Hopefully this is a good example to others not to do it! EVER!
Pinewalker May 28, 2011 at 11:37 PM
Give me a break Carla. just one of her excuses sounds good enough to me. ...much less all that the poor woman was dealing with at the time. She wasn't some jerk strolling the aisles of the store while she's parked in the handicapped zone. I'd have done the same thing in her shoes and so wouldn't a lot of other people.
John Treggiari May 28, 2011 at 11:45 PM
Tough Luck. Handicapped Spaces are ridiculous on face value. How does parking an extra 50 feet closer matter, when the Handicapped Person is going to be rolling thousands of feet while shopping anyhow ? Handicapped Spaces should be allowed. In the meantime, those who favor BIG GOVERMENT must suffer the consequences.
Carla King May 29, 2011 at 12:26 AM
Pinewalker, clearly you have not been a handicapped person who didn't have a space when needed. I, in the past have. Handicapped people still need to shop. and there are carts to sit in if needed. I hope you never have to feel the pain I have felt doing daily chores. And to have that pain, and not a place to park is beyond tolerable. Again, i hope you never feel that pain. But I have and it's tough. No one knows her truth. But even if true, if she was excused so would all the jerks who do it for no reason but sheer laziness. She had to have spent more than the $300 in legal fees to fight it.
Karen DiVito May 29, 2011 at 01:06 AM
This is EXACTLY what should have happened!! I have Rheumatoid Arthritis, among other things, and there are days I don't have the luxury of being able to walk. I wish I was having the problems that this woman had that day, I'd take that in a minute compared to what I have to deal with every day. I do have a handicapped Plaque Card...I just had my 13th surgery..2nd one on my foot. So what if that day I pulled in to the lot where she was parked..and she was the only handicapped spot left in the parking lot....I'm in a hospital shoe...both of my knees need replacing..not to mention my sciatic pain in my back that goes down both of my legs and I'm the one who has to park further away and struggle to walk! Handicapped spots are there for a reason and the people who have the Plaque Cards have them for a reason. Just because that reason may not be visible to everyone doesn't mean it doesn't exist. Comments like the one above are from judgmental people who have no clue what it's like to be disabled and struggle just to do daily chores, etc. That poor woman?? She was having a bad day???? It was raining??? Give ME a Break !!!!!!!
Howard Cyprien May 29, 2011 at 01:15 AM
Disabled parking is for disabled people only...end of story Howard in London, England
Tracie May 29, 2011 at 01:28 AM
Finally some justice! So many times I have searched for handicapped parking only to find someone parked illegally. Those times there was not a cop in sight and I ended up parking far away, struggling to use a walker across uneven asphalt. I wish EVERYONE who parked in them illegally would get ticketed.
Howard Cyprien May 29, 2011 at 01:38 AM
Well said Tracie..I am disabled myself and I have to fight these demons everyday...H
Michelle Gonzalez May 29, 2011 at 01:57 AM
Financial hardship and pouring rain, too bad! She got the fine and deserves to pay every cent of it. I have a handicap parking pass and use it ONLY on my bad days to avoid snares, people mumbling under their breaths and glares from IGNORANT people who say I don't "need to park in the handicap spots" because I don't look sick! It AMAZES me to watch people drive around and around and around to find the closest spot to the door of a grocery store or any other place of business. Healthy people have the luxury of being able to WALK but they are lazy! Bottom line is, she was being lazy didn't want to get wet because it was raining and she didn't want to walk an extra 15-20 feet to park in a non-handicap spot. I wish everyone who parked in these spots even for "just a few seconds" would get fined and the money would go to help the disabled.
Belinda (Nina) Mross May 29, 2011 at 04:22 AM
Karen, Tracey, Howard, Michelle, and Karen, you all know exactly what you are talking about from first hand experiances! I also have RA, FIBRO, and DDD along w 3 kids. No I don't look sick, but I would like to see some of these rude and inconsiderate people walk in my shoes for 30 minutes, and than tell me how much it hurts to just be standing!! Just to share w my fellow painfilled friends, one of my personal favorite come backs to the "but you don't look sick" comments is well you don't look like a dr so I guess we're even!!! I hope you all have a little less pain, and a whole lot of laughs to get you through those painfilled days!!
AJ & Karen May 29, 2011 at 02:54 PM
As parents with four special needs children, one of whom bolts if anything catches his eye, it is for their safety that we park in the handicap space. Since only the wheelchair bound child has a placard, we do not park in the space if he is not in the car. We don't park in the space if we forget to transfer the placard to the vehicle we are using. Please don't use these spaces if you do not have a handicap plate or placard. We are very conservative but we don't think that showing compassion for the disabled is "big government".
TOM May 30, 2011 at 09:20 PM
go to Twin River in RI and you will discover half of their clientel are handicapped watch them all place the placard on the mirror and then run into the casino I could get handicapped plates for my bad legs but am damned if I will accept privaleges that really should be for more serious cases than mine sure wish they would be diligent and fine those fakers $300
Carla King May 30, 2011 at 10:09 PM
Although i can understand your frustration Tom. I have to respond by saying that not everyone who is handicapped may look it. I do look handicap. Right now, I can't say I even am! Thank goodness for great health insurance, the drugs I take have made me well. But when they wear off close to the next treatment, or when I am simply having a bad day it is well needed. I can often walk into a store looking and feeling good, but after a short time, can't walk back out. That is the trouble with the disease I have. It can also be easy to walk in. But with bags in tow very difficult. Just because we look good on the outside, doesn't mean we feel that way. It also doesn't mean we are collecting benefits either. There is nothing wrong with that. But I am able to work BECAUSE I have a plate. If I didn't I would not be able to walk the distance in the winter to my office door. Winter is harder on me. My dr pleaded with me to leave work and get disability because sadly it was the only way I could get the treatment I needed. He felt I absolutely was 100% disabled. I chose to fight my own insurance company instead. For me, not working would have killed me. I could never be home with nothing to do. But the point is, I really need my placard, I am working hard (7 jobs I must say!!) and I pay taxes. So I plead for you to not judge a book by it's cover. and oh ! wait! I do a little writing for the patch... I have 8 jobs!!!
BILL May 31, 2011 at 01:40 PM
BRAVO!!! AWESOME!!! PEOPLE THINK," OH I'LL JUST BE A MINUTE" TOUGH!! HERE'S YOUR $300 TICKET!! HA HA HA !! GOT JUST WHAT YOU DESERVE ,YOU HAVE TWO CAPABLE LEGS SO USE THEM!!! I AM HANDICAPPED WITH SERIOUS SPINAL INJURIES, JUST ABOUT EVERY TIME I PULL INTO WALGREENS THERE IS SOME IGNORANT SCUMBAG WHO FEELS ENTITLED TO PARK THERE RATHER THAN WALK THE EXTRA DISTANCE AND TRUTH BE TOLD IT IS ALWAYS A SPANISH PERSON AND I DO SPEAK UP BUT THEN ALL OF A SUDDEN, "ME NO SPEAKY ENGLY"!! FINE, THEN YOU MUST BE BLIND ALSO CAUSE THE BIG BLUE SIGNS RIGHT IN FRONT OF YOU IS ON THE WALL AND THE GROUND. NOTHING LESS THAN PURE ENTITLEMENT, IGNORANCE, SELFISHNESS, AND ZERO CONCERN FOR OTHERS AND THEN THE ATTITUDE COMES OUT, "I'M NOT BOTHERING YOU" "SHE'S COMING RIGHT OUT" ETC.ETC. ALSO FUNNY HOW THEY LEAVE SOMEONE IN THE CAR WHEN THEY STEAL A SPOT DESIGNATED FOR SOMEONE WHO NEEDS IT!!

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »