Last Updated on January 8, 2017 by Lawrence Berezin
Parking ticket questions asked by readers and answered by Larry
I love answering parking ticket questions from readers that help the driving community better understand the parking rules of engagement. In other words, sharing information that benefits everyone.
Here are some questions I’ve answered. I hope the information helps you avoid or beat NYC parking tickets.
Parking ticket Q and A
[alert type=”info” icon-size=”hide-icon”]Question: How do I fight a parking ticket?[/alert]
Simple question, complicated answer…When you’re right-Fight!
So, the first step is to figure out if you have a winning defense to the parking violation. In NYC, I suggest you check the front of the parking ticket for omitted, misdescribed, or illegible required elements (a required element is a bite size bit of information that must be entered on the ticket for the parking ticket warrior to prove her case against your car). If you find one, you win…Upon presenting the proper proof, properly.
For example, one of the required elements is “plate type.” If the warrior enters the wrong plate type (enters commercial for passenger, for example), you are a winner as long as you present the proper proof. The proper proof in this example would be a copy of your vehicle registration proving that your vehicle was a passenger vehicle.
In NYC, the Evil Empire allows parking tickets to be disputed in person, online, or by mail.
[alert type=”info” icon-size=”hide-icon”]-Question: I just got into an argument with a neighbor about this. I was warming up my car and it was parked on the stop line when he asked me “do you always park in the crosswalk?” I then explained that the line I was parked on did not apply to parking and that I had verified this with the traffic police who issue the tickets. He would not accept this and said that if he ever saw my car parked like this he’d call the cops on me. Of course, after that threat, I had to double verify that I was correct and I found this informative post. Thank you, if I run into the neighbor again I’ll be sure to pass along this enlightening article (though I suspect he still won’t accept it).[/alert]
Man, I never understood why people fight so hard to protect their bad, uninformed opinions. Thank you for the feedback about my blog post. I’m glad it was helpful.
[Larry’s comment: You can’t imagine how many times I read bad answers from idiots, who profess to know the parking rules of engagement. Parking Ticket Land has its own version of “Fake News.” Please don’t blindly believe information from people who know ‘nutin about parking ticket rules and regulations. Check out the source].
[alert type=”info” icon-size=”hide-icon”]-If I received a parking ticket for parking in front of someone’s driveway but the person had given me permission to do so, can I fight the ticket?[/alert]
Great question. Here’s what NYC has to say about parking in front of a driveway:
4–08(2) Driveways. [Standing is prohibited] “In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable 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.”
The owner of the property accessed by a private driveway may be issued a parking ticket, but he has a winning defense (if the car was registered to that address and there are two or less dwelling units). Upon presentation of the proper proof, the ticket will be dismissed.
In my humble opinion, the owner of the property accessed by a driveway does not have the power to grant permission to park in front of her driveway on a public roadway.
With that said, if it were me, I would give it a shot and offer certified proof that the owner granted you permission. As Martin said, “What do you have to lose?”
[alert type=”info” icon-size=”hide-icon”]-Dear Lawrence,
My plate type is described as “n/s” on the ticket and “999” in the online ticket-payment searching-system, it is a PAS plate from CT. I was issued a manually written ticket for street cleaning. I’m curious if the plate described as “n/s” on the ticket or “999” in the system is grounds for a dismissal due to improper required element? Thanks! [/alert]
Good thinking. Yes, it is very possible. Here’s the scoop…Judge’s would rather cut off an appendage than dismiss a parking ticket for lack of personal service. The tipping point is presenting a basket-full of facts that lead to only one possible conclusion…Your husband was seated behind the wheel when the ticket was issued. Here’s a link to a blog post that may be helpful. Here’s a link to another blog post that may be helpful.
Good luck, Ivy.
Let me know how you do.
My name is Andi and I’ve received a double parking ticket while my father was loading in the trunk two bags of flour. The officer came up and stated that I was impeding traffic but I clearly was not because I’ve recorded everything. The question is, are there chances to win since my father “was loading in” and we left not even two minutes it lasted? Thank you very much![/alert]
I hate giving bad news to nice people, but…Your story will not set you free.The Evil Empire says that double parking for a passenger vehicle is illegal at all times, night and day, every day. There is a minority view about double parking, which I believe is the correct view. Double parking is a no standing violation. Ergo, if you double park temporarily to drop off a passenger and skedaddle, some judges will dismiss the ticket. However, you are not permitted to load or unload personal property (such as two bags of flour) in a no standing zone (loading is permitted in a no parking zone). Sorry, Andi,
After my heart attack, I was forced to lower the volume of answers I provided to comments posted on our blog. I decided not to answer questions that included multiple subparts asking how to fight a reader’s specific parking tickets.
Currently, I’m trying to answer questions that allow me to share information beneficial to all.
Please remember that fighting your parking ticket is my business. Many wonderful people have asked me to beat their parking ticket and pay a fee when I win. My service includes a free consultation about their parking ticket.
It would not be fair to my clients to offer the same free consultation to a reader who wants me to analyze in detail their parking ticket and give free advice about how to fight it on their own. Please respect my decision.
Burney L. Bruny says
I want to, first of all, use this opportunity to thank you for your service to the community that I believe is tremendous.
To my concern, I would like to know if there is a distance limit to park away from a driveway in Brooklyn. I have a nine foot driveway which is already narrow. when neighbors park their cars, they do to the exact limit of the driveway, making it extremely difficult for me to turn in or out. I have spoken to them, but they seem unconcern. I wonder if there is a legal ground to demand they park one foot away on each side.
Thank in advance for your answer.
Lawrence Berezin says
Thanks for your kind comment. Much appreciated. I totally understand your problem, but the driveway rule only prohibits parking “in front” of a driveway.
It’s sad to hear that your neighbors lack parking etiquette, but I don’t have a good solution to offer.