Last Updated on October 22, 2017 by Lawrence Berezin
Is there a technical defense to NYC parking tickets?
When you’re right–FIGHT! But, when you’re wrong, when you’ve committed the parking crime when you have no chance to win, why not apply for a reduction, if available for your parking violation. Live to fight another day. What’s worse than NYC parking tickets double whammy? Getting socked with a parking ticket, and then wasting your valuable time in a futile attempt to yell at the Darth Vader’s in the Temple of Justice, and LOSE your fight! Open wound, pour on salt and then pour on the second dose of salt.
Please, I beseech you, look for a technical defense first. Are there any mistakes on the front of your parking ticket? If a mistake is a “Required Element,” such as, make, body type, plate type, expiration date, place of occurrence, etc. you win upon application. If the mistake is NOT a required element, such as; VIN #, color, year, etc. then ignore it and proceed to the next step
Is there a substantive defense to your parking crime?
I’ve heard a lot of displaced anger lately about those vile orange epistles, such as;
- Can your F%&#@$* believe the evil warrior issued me a parking ticket for an expired meter, and I was only 25 minutes late? The injustice!
- That d%$# warrior…I wasn’t parked in the bus stop zone, I parked at least 25 feet away from bus stop sign!
- That stup** Warrior wrote on the parking ticket I was only parked 5 feet from the fire hydrant when I’m sure I was at least 12 feet away from the pump.
Here’s my point, it is O.K. to vent, rant and rave. It’s better than letting the vile build up in your body. But:
- Do not under any circumstances blow your volcano at the warrior
- Speak to a parking ticket expert, or do your homework, or both before you set off on a holy parking ticket crusade. Ask before you shoot.
- If you stop, drop and go, you have a valid defense to NO STANDING and NO PARKING VIOLATIONS, but;
- If you stop, drop and wait, you’ve committed the parking crime
- If you paid the toll on the pole, got your Muni-Meter receipt, placed it right side up on the dashboard, and when you slammed your door shut, it blew off the dash, 99% of the judges will find you NOT GUILTY
- If you didn’t purchase your time, why whine? Apply for the reduction
Did you present the proper proof, properly?
How do I make this idea stick? I love the Vikings in the Capital One commercials. How about the GEICO gecko? What is a big, hairy image I can associate with this idea? You may have the best defense to your alleged parking crime; the big but is, if you don’t know how to present the proper proof, properly, YOU WILL LOSE!
How about the sight of someone stealing your hard-earned dough? That may do it!
For example, If your defense is the parking violation on your parking ticket does NOT match the parking rule displayed in the parking sign regulating your space. You are required to present overlapping photographs of the entire block with front/back close-ups of the parking signs; not just the one sign you’re alleging is incorrect. Here’s the proper way to take the overlapping photographs
For example, example, if your defense is that you placed the Muni-Meter receipt face up on the dashboard, and it was blown off by the force of the door slamming shut; you must submit a copy of your Muni-Meter receipt showing you paid for the time, and explain it was the door’s fault. Your defense must start with, “I placed the receipt on my dashboard face up and then lo and behold….”
Please, make sure you know what proof goes with which parking violation, and you’ll win!
Please share your good and bad parking ticket experiences. They benefit all of us! Please comment!
On all the parking tickets I am getting (when failing to follow the parking rules, usually due to forgetting to move the car on time during alternate side parking days) the parking warrior includes as “Make” of my vehicle on the summons as “LA/R” when my registration is shown as “LA/RO”.
I always try fighting these tickets by stating section 39-02(c) where it says that “the (Body Type, Make, Year, Date registration expires, Color, Pas or Com,) of the vehicle must appear correctly for a Parking Summons to make a prima facie case”, I do so by including a scanned copy of the registration and pointing out to the correct Make (“LA/RO”). Unfortunately, they always get dismissed with the following statement:
“The summons indicates “LA/R” for the make, which corresponds with available records. The defective summons claim is not persuasive. Upheld.
Am I doing something wrong?
Lawrence Berezin says
Good morning. Good thinking.
No, you aren’t doing anything wrong.
The Evil Empire doesn’t require a Warrior to enter the “official” abbreviation for the Make of a car. Any four symbols will do.
I’ve tried to assert the same defense and learned that it doesn’t work.
Thank you very much for replying to my concern, much appreciated and useful to know!
And also thank you for all the wisdom you share with us NYC citizens!
I wonder how to prove that the ‘time 1st observed’ on my ticket is very much wrong?
Lawrence Berezin says
Where was your car at the time first observed entered on the evil parking ticket?
Is there a document, such as another muni meter receipt or witness statement or receipt from a store that shows your car was someplace elese?