Last Updated on February 1, 2022 by Lawrence Berezin
NYC parking ticket alert
Tuesday, December 28, 2010, 11 a.m. update:
ASP Rules and parking meters are still suspended. But, you must continue to obey all parking signs
NYC Parking ticket knowledge is power
I responded to a comment from Theresa on Larry’s Blog today about parking rules on snow days. Theresa called 311 but wasn’t able to get answers to all of her questions. It motivated me to write a post on don’t’s on days our sidewalks and streets are covered with huge amounts of snow.
- On days like today when ASP Rules are suspended due to snow, you still must feed the meters, AND obey all parking signs
- Most judges will find you guilty of violating a parking rule on a parking sign covered with snow. If the parking sign is covered with snow, making the rule invisible, you can still be issued a parking ticket and found guilty. Snow is not a defense
- “What’s good for the goose is good for the gander”…If you are issued a parking ticket today, be sure to check to see if the warrior inserted, “N/S”–SNOW. Most judges will not allow the warrior to get away with omitting a required element because your registration is covered with snow
- You can be issued an NYC parking ticket for a fire hydrant violation, even if the pump is invisible due to snow. Most judges will find you guilty. Photographs of snow-covered, invisible fire hydrants, will not set you free
Is there a difference between “Snow Emergencies” and “Snow Holidays”
Yes! A big, huge, very large difference. Today is a “Snow Holiday.” Here’s a link to a post I wrote about “Snow Emergencies” you may find helpful.
Any snow parking ticket experiences? Share…please!
Hi Lawrence,
My family member recently got a ticket for parking near fire hydrant, the orange epistle wasn’t even on the windshield until two days ago a physical mail came in as a reminder.
I’ve checked the ticket online, and in the expiration date column it shows “N/S”–SNOW, can we win based on that, and I wonder what any other advise do you have?
Thank you.
Dear Jimmy,
You and your family member are winners! Yea.
As you so aptly read and wrote, N/S-Snow is no go.
I would fight the parking ticket online and raise a missing/misdescribed required element. (I trust your chariot is registered in the great state of NY?). Submit a copy of your vehicle registration and ask for a dismissal.
Well done, Jimmy.
Best,
Larry
Hi Larry,
Looks like a hardball judge by the name of Colleen Smith, unfortunately, the summon sustained, see the excerpt from the ticket…Can we possibly fight it again?
“This is not persuasive. When the registration expiration date is not available for the agent to observe the agent must indicate so and state why. Review of the summons shows that the agent indicated that the registration expiration date is not shown because of snow. Respondent submits no persuasive evidence that this is not true. No persuasive evidence is submitted that the vehicle was not at the cited location at the time of the summons. Summons sustained.”
Dear Jimmy,
Good morning.
What a shame!
The judge is wrong as a matter of law.
Of course you can appeal…You have 30 days from the entry of the judge’s decision. Your burden of proof is to establish that the judge made a mistake of law or fact, (She made a mistake of law), based upon the evidence submitted at the original hearing.
Snow is not an excuse for disregarding a rule.
We appeal by mail. I attach a separate piece of paper to the application to state my reasons to appeal (label it Addendum “C.”
Here’s a link to the application.
http://www1.nyc.gov/assets/finance/downloads/pdf/adjudication/pvo-0100.pdf
Good luck.
Best,
Dear Larry,
Good afternoon, which section of the NYC traffic law mentions this? I’d like to attach that copy along with my personal letter.
Thank you for all the help!
Regards,
Jimmy
Dear Jimmy,
A couple of suggestions:
1. Complete the application to appeal (I included a link to the form in my prior comment)
2. Attach a separate sheet of paper to the application…It’s not your personal letter. Call it Addendum
3. The appeal panel judge’s know the law. You’re wasting their time and yours attaching a copy of the law and rules
-Chapter 39 of Title 19 of the Official Rules of the City of New York, 39-02(a)(1) and (3)
-Subdivision 2 of section 238 of the Vehicle and Traffic Law (this is the NY State Law)
4. Follow the instructions on the application and attach your original defense summary and exhibits, plus a copy of the judge’s decision
5. Pay your fine
6. Appeal by mail. Send it certified, RRR. It’s gotta be received by the Evil Empire within 30 days of the decision (entry not your receipt)
Good luck, Jimmy.
Dear Larry,
Thank you for guiding us through the steps – we just got the decision today, sadly it isn’t a good news I’d like to share with the community. the panel agreed with the lower court decision and found no error, and affirmed the ticket”.
I wonder if there is anything we could do to fight it off at this stage?
Thank you.
Jimmy L