Last Updated on March 2, 2018 by Lawrence Berezin
Place of Occurrence mumbo-jumbo
Have you ever seen this metes and bounds description of the place of occurrence (your parking space)?
“NS Flushing Avenue 15 feet W of Spencer Street”
Were you dumbfounded? Did you fail to check out whether the description was accurate? Larry’s translation:
“North side of Flushing Avenue 15 feet West of Spencer Street”
The story
Tom came to us for help fighting a parking ticket for allegedly violating a no standing rule. Tom insisted that a no standing rule did not regulate the place of occurrence. Did the parking ticket warrior accurately describe the location of Tom’s parking space? Or, did the warrior misdescribe the parking rule?
How to do your homework
-Whether the sides of Flushing Avenue run north-south or east-west
I use the DOT Parking Regulations Map (text version). Here’s a link. In Tom’s case if the sides run north-side we must continue our investigation
-Whether a no standing rule regulates Tom’s parking space on the north side of Flushing Avenue 15 feet west of Spencer Avenue
I use both versions of the DOT Parking Regulations Map (text and image)
Commentary
- You never have to be intimidated again by parking ticket hieroglyphics now that you know how to translate the mumbo-jumbo
- Use the terrific resources available on the Internet to find out whether the mumbo-jumbo accurately describes the place of occurrence, and be absolutely certain you were charged with violating the correct parking crime displayed on the parking sign regulating your parking space
- When you’re right-FIGHT! And present the proper proof, properly
No more excuses. Promise you will always check the place of occurrence for mistakes. Share your parking ticket experiences trying to figure out the mumbo-jumbo. Your opinion counts!
Now that you’re ready to carefully look at the place of occurrence entry on every parking ticket, here’s how to beat a mumbo-jumbo description.
I have a photograph (from CCTV) of the agent issuing and placing the summons – a sidewalk violation- with place of occurance as 42 Rutledge, while vehicle was parked in front of 34 Rutledge, does misdescribed location work in this instance or because it’s just as much illegal in front of 34 therefore it stands?
Hi, Sholom,
Good morning.
Great question.
If the place of occurrence was misdescribed and you have compelling proof (which you appear to have), the evil parking ticket should be dismissed.
I have seen some rogue judges fail to dismiss this type of situation for no good reason. But, they’re wrong and that type of verdict warrants an appeal.
Good luck.
Regards,
Larry