Last Updated on December 10, 2017 by Lawrence Berezin
A parking rule tiny typo is a gift that keeps on giving
The Evil Empire recently had a very bad day, which means NYC drivers had a great day. The Department of Finance refunded about $26M to drivers because the muni-meter parking rule was incorrectly printed on all the parking ticket forms. The correct citation was R. 4-08 (h)(1) but the parking tickets displayed the old citation, 4-08(h)(10).
For all of us parking ticket cognoscenti, we know that a parking rule is a required element. And, if any required elements are misdescribed, omitted, or illegible, a driver is entitled to a dismissal of their ticket, if they present the proper proof properly.
What we also know is:
A promise from the Evil Empire:
A ticket is defective when a required element of the law is missing or misdescribed. Defective tickets may be dismissed even if you do not have another defense to a charged violation. When conducting a hearing, Finance will review recently issued summonses for these defects and if any defects are found Finance will dismiss the tickets.
Viva la difference
The old rule, 4-08(h)(10)
(h) On-street and off-street metered zones.
(10) Muni-Meters
(i) No person shall, in any parking space controlled by a ‘Muni-Meter,’ park a vehicle without first purchasing the amount of parking time desired from such machine
(ii) No person shall, in any parking space controlled by a ‘Muni-Meter,’ park a vehicle without displaying a payment receipt in the windshield, where such requirement is indicated by posted signs
(iii) No person shall, in any parking space controlled by a ‘Muni-Meter,’ which allows a person to purchase the amount of parking time desired from a machine that dispenses a receipt or tag to be displayed in the windshield, park a vehicle in excess of the amount of time indicated on such receipt or tag, or on posted signs
The new rule, 4-08(h)(1)
Let’s go to the video
Commentary
Kudos to the Evil Empire for keeping their promise and refunding a bunch of money because of a misdescribed required element.
Happy holiday to the NYC driving public.
Do you wanna know a secret about muni-meters? Press gently. flying out to Seattle today to
My wonderful wife and I (41 years and counting) are visiting our children and granddaughter for the holiday in Seattle.
Enjoy the holiday, don’t overeat, and let’s go Giants (I know, sad).
Read more…I highly recommend an excellent article by a highly respected expert that gives us an in-depth look at how this blunder actually occurred. Here’s a link to, Dennis Boshnack’s article, “Why Did NYC Cancel $37.4M in Parking Fines?”
Park safely.
Larry
I believe you have mistakenly put on your quiz that new evidence cannot be introduced at appeal. I believe his was changed and NYC allowed new evidence to be introduced during an appeal. I think this was changes around June of 2016. Please let me know if I am mistaken. Thank you.
Hey, David,
I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. Please let me know if you’d still like me to comment.
Regards,
Larry
PS… You still can’t offer new evidence on appeal. I would love it if we could, but we can’t. If we could, an appeal would be referred to as a trial deNovo, which is not the case inside the Evil Empire.
As I have said before, the no new evidence at appeal is silly and defeats the entire premise of our judicial system. If the judge notices missing evidence, then why is it not allowed to be corrected at the appeal? It only serves to prove that the system is designed to make money and not be fair.
That said, here in Middle Village, Queens, things are getting quite bad-by three entities. Warriors, NYPD, and lately NY State troopers. It seems that due to the Governor vs Mayor war, we have to deal with State Troopers on our city streets giving tickets for various moving violations. And in several locations, it has been reported that groups of traffic enforcement agents are hiding around busy intersections, NOT directing traffic. Then when the light turns red, they swarm the intersection writing tickets for any cars that got stuck as they are stuck in the gridlock. Wouldn’t it make more sense for these warriors to actually be working at the intersection to PREVENT the gridlock in the first place? And, perhaps worst of all, our men in blue have been handing out unfair tickets for talking on cell phones. One man posted on a local Facebook page that he was driving into a bank parking lot, his cell phone mounted on the dashboard. His wife, sitting next to him, was using her cell phone. This did not prevent a city copy for mistaking who was on the phone and giving the man a ticket, which he is going to fight after retrieving the cell phone records which will prove he was not using his phone. Other people wrote in their own horror stories. One person had his wallet in his hand, but received a ticket for driving while talking on a phone. Another person was parked in a legal space, engine running with his air conditioning on and talking on his cell phone. He also got a ticket.
Seems the issue here is just to make money.
Hi Larry, quick question. With my NYC handicap parking permit, I know I can park in No standing except authorized vehicles. I am pretty sure this includes firedepartment placards, but does it also include ambulette zones? And what about areas for Access A Ride?
Thanks again for all you do. Hope all is well with you and your family. And seasons grettings
Hi, Lee,
Always super to hear from you and your wonderful comments.
I hope this helps (copied from the DOT website):
“The permit entitles the operator of a vehicle to park:
At any metered parking space, Passenger or Commercial, without charge
At any “No Parking” space regardless of hours including those for Street Cleaning regulations
At any space designated for use by Authorized Vehicles, including Diplomats (DPL), New York Press (NYP) or any governmental agency, except spaces designated for Ambulances and Ambulettes
In any No Standing Except Trucks Loading/Unloading or Truck Loading Zone (EXCEPTION: Garment District parking area on crosstown streets 35th-41st Streets, between 6th and 8th Avenues). These signs should be read carefully; permit holders may park only during the days and times that trucks may park.
New York City Special Parking Identification Permits are not authorized for parking:
In a No Stopping Zone
In a general No Standing Zone with restricted hours ( i.e. No Standing 4PM – 7PM)
In spaces designated for Ambulances and Ambulettes
In a Hotel Loading Zone
In a taxi stand
In a bus stop
In a fire zone
Within 15 feet of fire hydrants
In a driveway or crosswalk or on a sidewalk
Or for Double parking”
Regards,
Larry