It is the rule to live by in Parking Ticket Land
It was 11:00 p.m. on February 12, 2015 when Joe pulled into a parking space near his home. What he failed to realize after a long day at work was that a tiny portion of his chariot extended into a No Standing zone. The next morning when Joe returned to his car he found a parking ticket stuck under his wiper. No-Standing $115. Joe was wrong. He parked illegally (Wrong #1)
Joe grabbed the evil orange epistle, crumpled it up into a ball, tossed it into the back seat and drove to work. Later that day Joe retrieved the crumpled ball in the back seat and examined it for omitted, misdescribed and illegible required elements. Lo and behold, Joe found some NYC parking ticket gold. A misdescribed body type.
The body type was “SUBN” on his vehicle registered in Massachusetts, but the warrior entered “4DSD.” The warrior was wrong. (Wrong #2).
Joe fights his parking ticket and wins
Joe prepared a detailed defense certification and four exhibits raising misdescribed body type as a defense. He fought his ticket online. 10 days later his parking ticket was dismissed.
Two wrongs made a right in Parking Ticket Land.
There are two important takeaways from this story:
- Never, ever pay an NYC parking ticket no questions asked. Look for omitted, misdescribed and illegible required elements and substantive defenses
- The misdescribed body type defense for out-of-state vehicles is a bit more complicated than you might suspect
Parking ticket judges can be arbitrary when applying the NYC “reasonably accurate” standard to misdescribed body types. There has been a wave of decisions holding that a 4DSD is a reasonably accurate description of an “SUBN.” That is not reasonable.
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