Last Updated on November 13, 2017 by Lawrence Berezin
4 wonderful NYC parking ticket cases that will help you win
Do you remember the scene from Indiana Jones when a fierce-looking guy wielding a huge knife picked a fight with our hero? So, what did Indiana Jones do? He took out his revolver and shot him dead.
A Gun trumps a knife much the same way as knowledge trumps unjust parking tickets. These 4 cases will give the knowledge to win.
1. In the Matter of Ryder Truck Rental, Inc., et al., Appellants, v. Parking Violations Bureau of the Transportation Administration of the City of New York, Respondent
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- NY Court of Appeals ruled against the Parking Violation Bureau finding that the NY Legislature intended 5 identification elements in the statute to be mandatory, not directory
- The 5 required elements are expiration date, the plate designation, the plate type, the make or model, and the body type of the vehicle
2. Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep’t of Transp. of the City of New York
[alert type="success"]Why is this case important?[/alert]
- In Matter of Ryder Truck, the NY Court of Appeals declared that five identification elements, including plate type, on a parking ticket were mandatory, and the omission of one element required dismissal (Matter of Ryder Truck Rental v Parking Violations Bur., 62 N.Y.2d 667)
- The Court amplified that decision and held that a misdescription of any of the five mandatory identification elements also mandates dismissal.
3. Young v. The City of NY Dept. of Finance Parking Violations Adjudications
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- VTL sec. 240(b) and 19 RCNY sec. 39-08(e) give that the Evil Empire must prove a parking violation upon proof by substantial evidence • VTL sec. 238(1) and 19 RCNY sec. 39-08(f)(4) set up a parking ticket acts as prima facie evidence of the facts contained therein
- VTL sec. 238(1) and 19 RCNY sec. 39-08(f)(4) prove a parking ticket acts as prima facie evidence of the facts contained therein
- A parking ticket does not create a presumption of guilt but merely shifts the burden of proof to the alleged violator
- If the member of the driving public submits testimony refuting the charges that are “not patently incredible,” then the parking ticket must be dismissed absent the submission of more evidence by the respondent to meet its ultimate burden
4. Crichlow v. NYC Dept. of Fin. Adjudication Div.
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• “This court finds that although the description of the body of the vehicle as a sedan was correct, it is not disputed that the vehicle was a two- door sedan and not a four-door sedan. • Thus, the summons which described the body type as ‘4DSD’ contained a misdescription of the vehicle
• In respondent’s memorandum of law, they concede that the two-door vehicle was misdescribed, however, respondent contends that “the identification of the two-door sedan as a four-door sedan on a parking ticket is not a fatal mistake, because it does not reach the level of misdescription of the body type as required by VTL §238”
• The Court of Appeals clearly stated in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014 [1992] that a misdescription of any of the five mandatory identification elements mandates dismissal
• Contrary to the respondent’s contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not provide for levels of misdescription and it does not provide for an exception for small errors
• Because the body type of the car was clearly misdescribed, the Adjudication Bureau was mandated to dismiss the summons pursuant to VTL§ 238(2-b)(a). • The determination of the Appeals Board was based upon an error of law, therefore, the determination of the Board with respect to Violation No. 7324225871 must be annulled
Commentary
I urge you to read these 4 cases before fighting an NYC parking ticket. They will give a foundation of knowledge to prepare your defense certification and exhibits.
Here’s a Free download of this blog post that includes the links to all 4 cases so you read ’em at your leisure. FREE Download_4 Cases that will help you win
Park safely.
Larry
Hey Larry! I am from CT but work in NYC and just had a nightmare of a night last night after work. My car was towed after being parked (in the same spot I park every day) during a timeframe that per the street parking was allowed. My ticket is listed as too close to the fire hydrant even though parked with amble amount of room from the hydrant. After receiving my car from the tow lot and viewing my ticket, it is filled out incorrectly and missing many of the factors you’ve listed in a previous article about how to win a parking ticket. My question for you is: how do I get my money back from the tow? My car was towed while I was in work so the parking ticket, if given previously, was not seen until four hours later when I got my car. Also, since I would win my ticket as a result of incorrect information how is this tow okay? Please help me out! This is a ridiculous situation and I really hope I can find some silver linings! Thank you!!
Hi Brittany,
Boy, do I despise towing for tickets. It is cruel and ^$#)!
I’m thrilled you were able to figure out a winning defense. After your ticket is dismissed, simply submit a tow refund application. Here’s a link to the form https://www1.nyc.gov/assets/finance/downloads/pdf/reflet.pdf
Good luck.
Larry
I got a ticked for a No Standing area my building uses for garbage pick up. they illegally painted a yellow box there (which I was not in. Recently red No Standing signs appeared which expanded the box area (I think they are older than 5 days old) but I’m not sure these are legit DOT signs. They don’t appear on the DOT map Portal. can I win based upon confusing signage/markings if it is yellow paint?
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles