A NYC Parking Ticket in Judgment…What can I do?

parking ticket appeal

NYC parking ticket in judgment after 100 days

There is one avenue you may wish to explore with your NYC parking ticket in judgment, before holding up your piggy bank to pay your fines and penalties. It is called, “A Request for Hearing after Judgment.” This is an application to the P.V.B. to vacate your default judgment; and either:

  • Dismiss your parking ticket outright, or
  • Grant you a hearing

In order to prevail, you must demonstrate:

  • Excusable neglect, and
  • A substantial defense to the violation

nyc parking ticketWhat is “excusable neglect?”

It’s like you meant to pay your parking tickets, but were kidnapped by Martians; or spent the last year on a space station. Stuff like that. The PVB provides you with examples of “excusable neglect:”

  • The notice was not sent to me at the address where this vehicle is registered with the NYC Department of Motor Vehicles.
  • I requested a hearing and did not receive a response (submit a copy of hearing request materials).
  • I had a serious medical condition when the violation was issued (submit a copy of health records).
  • My vehicle was sold/transferred prior to violation issuance (submit copy of DMV plate transfer report, insurance cancellation report and transfer paperwork).
  • I reported my vehicle stolen at the time of violation issuance (submit a copy of police report and insurance company report)
  • The violations were issued to plate(s) that were stolen from my car (submit a copy of police report and insurance company report).
  • I serve in the military and am covered by the Soldiers and Sailors Act (submit proof of active military service at the time the judgment was entered).
  • I was incarcerated.
  • I was detained out of the country

parking rulesWhat is a “substantial defense?”

Here are some examples offered by the PVB:

  • I sold/transferred my vehicle before the violation was issued (submit a copy of title transfer).
  • I reported my vehicle stolen before the violation was issued (submit a copy of police report and insurance cancellation report).
  • Violations were issued to a plate(s) that was/were stolen (submit a copy of police report and insurance cancellation report).
  • The violation is defective.
  • Other defense(s). (Please list below):

In my humble opinion, any substantive defense to the parking ticket should be considered a “substantial defense,” such as: I was stopped temporarily to pick-up or discharge a passenger in a no standing zone, etc.

Payment plan

You may opt to negotiate a payment plan with the NYC Department of Finance, if the amount of your NYC parking tickets in judgment equals or exceeds $500.00. You must convince the DOF it is a  financial hardship to pay your parking tickets in judgment in one payment; and you are required to live, work or go to school in NYC. Make sure you bring documents with you to prove your financial hardship, such as; W-2 forms, bank statements, and/or tax returns.

Generally, the PVB requests you pay 50% up front of the total amount in judgment, and enter into a payment plan for the balance. In my experience, the amount of the up front payment is negotiable, depending upon the degree of your financial hardship. One of the sad things about parking tickets in judgment is that you forfeit the privilege of securing a reduced fine. No discounts, no reductions, and no negotiating the gross amount of your fines and penalties.

Good luck.

parking finesHave you had the experience of working out a payment plan with the PVB? Or better yet, successfully applied for a hearing after judgment, and your parking ticket was dismissed? Please Share!!

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Comments

  1. says

    I have NY tickets in judgement and they suspended my registration because of that which has now expired and i need to renew it but can’t without paying the tickets which i have been doing from my job but i can’t work now without my car and therefore can’t pay the tickets. tremendous hardship to survive. is there any way to be allowed to renew the registration and the suspension so I can continue to work and pay the tickets which remaining bal is 1,900. let me know if possible. Greg

    • says

      Hey Greg,

      You are caught in the middle of a parking ticket “catch-22.” The general policy of the Evil Empire is not to renew a registration under the circumstances you describe. But, the reality is they can do whatever they please.

      I represented a client in a similar situation. He was a young truck driver with $10,000 in outstanding parking fines in judgment. His truck registration was suspended and therefore, couldn’t use his truck to earn a living.

      I appeared with him at the DOF business office at 66 John Street, NYC, and didn’t take my first NO for an answer. I politely asked to speak to a supervisor, and was fortunate to meet up with a very kind lady. I had my client, his wife, and their 6 month old child with us.

      I presented tax returns and other documents to prove that my client had no current means to pay the money, or pay it in the future without entering into an repayment agreement and having them restore the registration. This story had a happy ending.

      The tipping point was speaking with a supervisor who was pragmatic and had a heart…(The Mom with their child didn’t hurt, either).

      Good luck.
      Best,
      Larry

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