Fight your NYC parking ticket on-line at your own risk

nyc parking ticket, fight new york city parking ticketShame 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.

parking ticket nyc, fight new york city parking ticketsHave 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!

Comments

  1. says

    Your honor as u see I got a ticket for parking at fire hydrant inever parked in my 45 years at afire hydrant wen I parked my car I measured with my feet it was 15 feet may be I made a mistake with one foot but iam not blind but the officer wrote 3 feet I could not believe what he wrote never would park that close I know the law it really hurts when u obey the laws and you still get a ticket iam orthodox would not lie for money iam driving 45 years never got a ticket for parking by afire hydrant also officer Gary. M made a big mistake with the st he put 441w 50st it was 48st as I work on 47 st I know we’re I parked tax reg number 330692 date 07/13/14 time 1 052am

    • says

      Dear Moses,

      Good morning.
      Well said.

      I’m not sure whether you posted your comment to share your experience with our readers, or whether you’d like me to comment on your defense statement?

      A parking ticket warrior is required to enter his estimate of the distance a car is parked from a fire hydrant. However, the estimate doesn’t have to be accurate, as long as a number (any number less than 15 feet) is inserted.

      Our fight is not against the warrior’s inaccurate estimate of the distance. Our fight (burden of proof) is to persuade a judge that we parked more than 15 feet from the fire hydrant.

      Don’t let a warrior misdirect your focus from the real issue (which is proving you parked more than 15 feet from the fire hydrant) to waste time arguing that the warrior’s estimate is wrong.

      I would never tell a judge the distance I parked from a fire hydrant may be a mistake. It is difficult enough to beat a fire hydrant parking ticket without giving the judge an easy way (your own admission that the distance may be wrong) to find you guilty.

      Good luck.
      Best,
      Larry

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