Last Updated on January 25, 2015 by Lawrence Berezin
NYC parking ticket tips help you avoid and beat unjust parking tickets
I recently spoke with Donna, a wonderful member of the driving pubic, who was issued an unjust NYC parking ticket, fought it, and lost. What a shame, since there was a misdescribed required element that entitled her to assassinate the evil parking ticket. The place of occurrence was misdescribed. This particular parking ticket warrior must have missed the compass class, and entered “north” instead of “south.”
Always, without fail, examine the front of your parking ticket for omitted, misdescribed, or illegible required element. They are parking ticket gold, and entitle you to a get out of jail free card.
Here are some more tips to help you keep your hard-earned bucks where they belong…in your wallet.
1. Don’t be intimidated by a detailed description for the place of occurrence
A great friend of the NYC driving public is a misdescribed place of occurrence. There are 3 ways for a warrior to enter a place of occurrence:
- Front
- Opposite
- Detailed description
A detailed description looks like this:
It means, “West Side of Riverside Drive, 150 feet north of west 165th Street, NYC.” Attack it by:
- Making sure your parking space is on the west side of Riverside Drive. Riverside Drive runs north-south. Ergo, you could’ve been parked on the west side of Riverside Drive
- Making sure there is a no standing sign 150 feet north of west 165th street. There could’ve been a no standing sign 150 north of west 165th street because Riverside Drive runs north-south
However, upon inspection (Google Maps Street View, Parking Regulation Map), there was not a no standing sign north of west 165th street. The no standing sign was located 150 south of west 165th street…Yea! You win, upon submitting the proper proof, properly.
2. Don’t throw-away your muni-meter receipt if it has unused time
You are permitted to apply the unused time remaining on a muni meter receipt to another parking space, provided that:
- The rate at the second parking space is the same or lower than the rate at your first parking space
- You don’t park longer than the maximum time allowed for the second parking area
“A penny saved is still a penny earned.”
3. You may be permitted to park safely at a sign that reads “No Parking School Days 7 a.m. to 4 p.m.”
But, make sure school is not in session. According to Gridlock Sam,
“The general rule of thumb is whether or not children are present. Check to see if if the school is completely closed or if there are cars with teacher placards nearby. And when i doubt, park somewhere else.”
[Source: Gridlock Sam, “2010 NYC Parking Calendar”].
4. You can’t block a driveway even if the building is empty, and ghosts live there
I understand this is a bitter pill to swallow, i.e., a boarded up, haunted building preventing you from parking in an empty parking space. But, the NYC parking rule only allows you to park in front of driveways that:
-
Have been rendered unusable (emphasis added) due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.
5. If you are ambushed by a temporary, paper, parking sign…
Check to make sure the paper displays the name of the city agency authorized to post the sign.
While there is legislation pending in the NYC Council that requires 24-hour notice of temporary parking restrictions, unfortunately, it is not the law of Gotham yet.
The idea that you can park your chariot in a perfectly legal parking space, go to sleep, and wake up the next morning to a parking ticket, sucks! (pardon my French). Pass the law and eliminate this tomfoolery.
Commentary
Please, I beseech you, never pay a NYC parking ticket, “no questions asked.” Do some homework before deciding whether to pay or fight. And, when you’re right-FIGHT!.
Park safely.
Dear Larry,
When we have a nys plate, do the officers ever make mistakes in the license plate number or exp date or do they just scan the barcode and it automatically registers the required elements?
Hey Al,
Thanks for stopping by.
Yes, warriors make mistakes on plate number, and expiration date of registration.
It’s always a good idea check all the required elements before making a decision on whether to pay or fight.
Good luck.
Park safely.
Best,
Larry
Hi, Larry.
I received a parking ticket which lists as the rule I violated 4_08(i)(3)(ii). The sign read “No standing commercial meter zone”. the rule cited seems to have to do with parking in midtown, but this was on 17th street, not in midtown, Can I fight it based on that?
Best,
Cara
Dear Cara,
Good morning.
Sorry about the parking ticket smackdown.
The section of 4.08 you’re referring to is the failure to display muni meter receipt crime. It is VC (“Violation Code”) 38.
Is VC38 the code that is entered on your parking ticket? If not, what is the code?
Looking forward to your reply.
Best,
Larry
Larry,
Thanks for your speedy reply.
On the ticket, after the words “In Violation of NYC Traffic Rules, Section:” is typed “4-08(l)(3)(ii)”. (It also could read 4-08(I)(3)(ii), but I don’t think that refers to any parking regulaltion at all.)
In the rectangle below that is typed “No Std Com Mtr Zone DAYS/HRS: MON-FRI/8A-6P”.
Under Complainant’s Comments: “no plaque no permit”.
Thank you,
Cara
Larry,
I realized I didn’t completely answer your question. The VC is 31.
I think I have a defense either way as I had pulled up to the curb to let my mother into the car and was about to drive away when the office approached my car, but it would be easier if the ticket was defective.
Best,
Cara
Cara,
Makes more sense, now. The violation is parking a passenger vehicle in a commercial zone. If your car is a passenger vehicle, you may be out of luck…Unless you can find an omitted, misdescribed, or illegible required element.
Good luck.
Best,
Larry
Larry,
Shouldn’t the rule, description of the sign and VC all agree? It seems that 4-08(l)(3)(ii) is not the right rule citation for VC 31 or for No Standing Commercial Meter Zone which would make the ticket defective because the Rule is misdescribed.
Best,
Cara
Cara,
Great thinking.
In parking ticket land, the rule on the sign and the rule described in 4-08 (l)(3)(ii) are consistent, as well as VC31. When a parking sign limits standing to commercial vehicles, a passenger vehicle cannot park in a space regulated by the sign.
However, you can stop temporarily to drop off or pick up a passenger, and leave the area immediately. I would consider raising that defense. And, you can always raise more than one defense when you fight a parking ticket.
I really love it when you try to think through a defense theory.
Best
Larry
Larry:
I have a very frustrating issue .
I received a notice I the mail that said I didn’t pay parking tickets in judgement and if I don’t respond by January 16 to “answer “. These judge,nets , my registration will be revoked.
I called 311, filled out an application for any,met plan. I got together all of my documentation.
When I got there , I was greetd with area on that told me my registration was cancelled 12-16, and it is too late for a payment agreement.
This was not true I told them that. I had checked with the dmv and my newly renewed registration is alive and well fr now.
Then they told me they can’t do it becase my registration is active, bt will be cancelled on the 16th, so I am ineligible.
I thought I was supposed to enter into payment agreement to prevent it from being revoked.
It made mo sense, appeared as if the just wanted me to go away.
What can I do before it’s too late?
I spoke to one clerk and two managers,
What can I do?
Thanks
Ira Seigal
Dear Ira,
Man, what a nightmare.
Sorry about your plight.
Please email me a copy of the letter you received informing you of a prospective revocation of your registration. I’m happy to take a look, and see what I can come up with.
Please email it to, larry@newyorkparkingticket.com
I’ll reply quickly to your email with my humble opinion.
Best,
Larry
Dear Larry,
I received a parking ticket at the NO STANDING zone ALL DAYS 4am-7pmn, school days (can’t remember exactly what the sign looked like but I can take a picture of it today). The ticket was dismissed due to the officer erroneously entering that the regulation is in effect ALL DAYS and also in effect on School days. (no standing days/hrs: all days 4m-7pm, and in comments: school days) . Last week I got another ticket at the same sign and also filled out the same way (no standing days/hrs: all days 4m-7pm, and in comments: school days. ). Can I use the dismissed ticket as defense?
Thanks!
Hi Larisa,
You’re a winner and you don’t have to refer to the prior parking ticket decision.
In our jurisprudence, a lower court judge is required to follow prior decisions of a higher court…The Adult court appellate division.
The fact that another parking ticket judge found you not guilty doesn’t matter. A parking ticket judge doesn’t have to follow a decision rendered by another parking ticket judge.
You are going to win this fight because you’re right…The Days the no standing rule was in effect was entered incorrectly. The correct entry was
School Days, not ALL Days.
Congratulations, champ!
Best,
Larry
I received a hydrant ticket. between creston ave and grand concourse on the north side of the street. my ticket says N/S E 180 street 60 ft E/ of Grand Concourse. 180th street runs East West. I was parked on the West side of Grand Concourse. I was parked close to the hydrant. But the Place of Occurance says my car was else where. Can I win this battle?
Hi, Nicholi,
I’m afraid I can’t tell from your description of the parking space. But, here’s the scoop:
-If the Warrior or Cop didn’t take the compass class and misdescribed the place of occurrence, you can beat that ticket
-The challenge is proving the description was wrong
Good luck.
Regards,
Larry