Shame on you Department of Finance. How can you offer an on-line hearing to the unsuspecting driving public without explaining the rules of the game? Here’s your secret:
- The parking ticket is a sworn statement by the parking enforcement warrior
- The driving public’s on-line testimony is not under oath
- Therefore, you assign greater weight to a parking ticket than the driving public’s unsworn, on-line testimony
In other words, private citizen you lose!
The NY Supreme Court criticized this practice in a recent court decision Young v. New York City Department of Finance Parking Violations Adjudications
The Court stated that under the standard practiced by the Department of Finance parking ticket adjudication bureau, compliance with the respondent’s on-line procedures would be an exercise in futility. It constitutes a gross violation of the driving public’s due process rights, and would be an illusory alternative to a paper or in-person response.
The NY Supreme Court went on to say that once the defendant presents testimony that is “not patently incredible”, the summons must be dismissed absent the submission of additional evidence by the DOF to meet its burden of proof.
Here are some suggestions:
- Think twice before agreeing to an on-line hearing of your NYC parking ticket dispute;
- Request an in-person hearing to fight your New York City parking ticket; or
- Request a paper hearing and submit affidavits and proper documents to support your defense
If you still wish to request an on-line hearing, inquire at the outset of the hearing whether the Judge is going to follow the process enunciated by the NY Supreme Court in the Young case.
Have any of our readers disputed their nyc parking tickets in an on-line hearing? Please share your experiences. It will be a great help to all of us. Please comment. Your opinion matters!