Last Updated on June 26, 2017 by Lawrence Berezin
NYC parking ticket mistakes can be avoided
I wish there were only seven NYC parking ticket mistakes a driver can make, but fixing seven of ’em is a great start. Parking fines range from a low $35 for an expired meter violation outside of Manhattan to a ghastly fine of $515 for a second offense of parking a tractor-trailer on a residential street between 9 PM and 5 AM.
Where should we begin? How about the worst mistake a driver can make?
1. Paying an NYC parking ticket “No Questions Asked”
I hate losing a fight against the Evil Empire, but let me assure you when we’re right we put of a heck-of-a fight.
What about the drivers that don’t “have the time or inclination” to check a parking ticket for mistakes or formulate a winning defense? Those knuckleheads account for 7M of the approximately 10M tickets issued. Can you imagine, 7M tickets are paid “No Questions Asked.” That’s one sure-fire way to fund the Evil Empire.
What about the other 3M parking tickets? 50% of those parking tickets are dismissed (Plus a small percentage of appeals are reversed).
C mon man, do your homework. Look for omitted, misdescribed, or illegible required elements.
Check whether there is a defense to your parking violation. For example, as we all know, a defense to a no standing violation is stopping temporarily to drop off or pick up a passenger, and leave immediately.
2. Not checking a detailed description of the place of occurrence for accuracy
There are three ways a parking ticket warrior can describe the place of occurrence:
- Front
- Opposite
- Detailed description
The first two methods are easy to understand. However, the third format can be confusing. Here’s what it looks like:
“S/S 14th Avenue 0 feet W/ of 40th Street.”
It means, “South Side of 14th Avenue, 0 feet West of 40th Street” (Brooklyn).
The first thing I do is to check whether the parking violation our customer was charged with regulates the parking spaces at the place of location. Does the parking rule live on the South Side of 14th Avenue? The next step is to check the identity of the rule that regulates the curb space 0 feet West of 40th Street. Our customer was charged with a crosswalk violation so the 0 feet is correct, but…
Lo and behold, when I researched the rule/location I discovered that there wasn’t a South Side of 14th Avenue in Brooklyn. 14th Avenue runs North-South so there is an East Side and West Side of the street. Yea, we win!
The tough part is how do we prove there is no South Side, only East-West Sides?
I use the DOT Parking Regulation Map (Text version). Here’s how to hunt for the gold.
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
As you can see from the series of exhibits and particularly Exhibit 3, there are East and West sides of 14th Avenue in Brooklyn, not North and South sides. 3-cheers for the good guys. Ticket dismissed.
3. Assuming the parking ticket judge will do the heavy lifting
Recently, a wonderful member of the driving public posed a question on the blog. He asked why his NYC parking ticket wasn’t dismissed, despite having told the judge that the rule regulating the place of occurrence was misdescribed on his parking ticket.
“The judge has the tools available to check out the parking sign. Why didn’t he take 30 seconds to look it up?”
Parking ticket judges or any judges for that matter aren’t your wingmen. They don’t fill in the blanks. They don’t help you present your evidence.
What they will do is verify the information you provide them. For example, if you claim a certain rule regulates the place of occurrence, and present exhibits supporting your defense, they’ll check it out hoping you’re wrong. But, they are not going to check it out because you said it was true and didn’t provide the proper proof.
4. Not presenting the proper proof, properly
There are 99 separate parking violations each with their own special defenses in Parking Ticket Land. Here’s a link to a wonderful guide published by our friends at the NYC Parking Violation Bureau, “Got Tickets? Your Guide to Parking Ticket Hearings.” It lists all the parking violations, the defenses that will set you free, and the evidence required by the PVB.
A client of ours got a crosswalk parking ticket, which he fought. He submitted:
- An invoice to prove that he was making a delivery to a nearby store when the crosswalk parking ticket was issued
- Photographs showing his van wasn’t parked in the crosswalk
Guess what? He lost because he offered the wrong proof to beat a crosswalk violation. What does an invoice have to do with proving his van wasn’t parked in a crosswalk. And, how much weight is a parking ticket judge going to give photographs showing a van that wasn’t parked in a crosswalk? How about none weight.
The judge simply stated that there was no proof that the van wasn’t moved out of the crosswalk before taking the photographs.
Learn what defense beats what parking violation and present the proper proof, properly.
5. Simply submit photographs and explain them in your defense certification
Tests have shown that pictures with words are more persuasive than pictures alone.
I prepare exhibits using Mac Keynote (Mac’s version of PowerPoint). I add captions and symbols to enhance the exhibits, reinforce my story, and make it as easy as possible for the judge to find our client not guilty. Here are some examples:
Our defense was a lack of service of the parking violation. The rule requires a parking ticket warrior to insert our name on the parking ticket if we’re sitting behind the wheel of our chariot when the parking ticket was issued. I’ve suggested to our customers to take a few photographs with their smartphones while the warrior is issuing the ticket to prove they were seated behind the wheel.
Great proof. Wonderful exhibit. Caption confirms our story. Ticket dismissed.
Our defense was a misdescribed body type. The warrior entered 4DSD when our chariot was a SUBN. We presented the legal definition of SUBN, which is 5-doors and a rear seat that folds down to transport cargo. Great exhibit. Wonderful caption. Ticket dismissed.
6. Ranting
Our defense certification has about 10 seconds to capture a parking ticket judge’s attention and motivate her to read more and carefully examine our exhibits. If it makes you feel better ranting about the inequities of the NYC parking ticket system, and throwing a verbal hissy fit, do it. I promise you it will cost you dearly.
A parking ticket judge isn’t going to spend his pressurized time reading your tale of woe. Begging for forgiveness or telling the judge you never got a parking ticket isn’t going to work. Guilty ca-ching.
Present the correct defense with the proper proofs in a respectful, knowledgeable way and you will win 8-10 times. The other two times, you will win on appeal.
7. When you’re right-Fight!
When you’re wrong, pay the man and move on.
I hear from some of the wonderful members of the driving public who tell me they fight every ticket and win most. Balderdash! It’s challenging enough to win the ones you should win. I don’t believe you can pull the wool over the Evil Empire’s eyes the same way I don’t believe a gambler that “wins ’em all.”
Check for misdescribed, omitted, required elements. If none, match the correct defense with your parking violation and present the proper proof, properly. If you can’t, don’t waste your valuable time. Live to fight the good fight another day.
Commentary
Park safely.
Larry – came across your site – great resource. Wonder if I can ask you a question about a fine I received.
I used to live in NYC, and therefore had a vehicle registered there. I moved to Maryland a while ago, and changed the registration to MD plates. Now, MD doesn’t use a windshield sticker system – the sticker goes on the plates, and so I just completely forgot to remove the NYS registration sticker.
When visiting NYC recently, and parking legally, I received two tickets. The first was for “missing plates”, and the second for “Reg. Sticker Expired (NYS)”. Acknowledging that the expired registration sticker was still on my car, and did not match the plates, but noting that the plates and its registration were completely up to date and compliant within MD, do I have any chance of getting one or both of these tickets thrown out?
Also – it seems that both tickets were issued for the exact same thing – having the expired registration sticker affixed. Is there some kind of double-jeopardy rule here? Can you be ticketed in two different ways for the exact same thing?
Hey Tim,
Good morning.
I’ll need the violation codes.
Regards,
Larry
The first is listed as VC 74 – “Missing Plate” / NYC Traffic Rules 4-08(j)(2)
The second is listed as VC 70 – “Reg. Sticker Expired (NYS)” / NYC Traffic Rules 4-08(j)(3)
Dear Tim,
Hey.
VC 74 aka 4-08(J)(2) Valid plates must be properly displayed.
No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it. For the purposes of this paragraph (j)(2),
New York plates shall not…
You may wish to fight this unjust parking ticket because your current MD plates were properly displayed. I’d take a few photographs showing the plates properly attached to your chariot and submit ’em with a defense certification and copy of your registration.
VC 70 aka 4-08(J)(3) Vehicles must display a valid registration sticker.
No person shall stand or park a vehicle bearing NY plates unless it properly displays a current registration sticker.
You may wish to fight this ticket because your chariot does not bear NY plates. Yea! Offer the same type of evidence.
Let us know how you make out.
Good luck.
Best,
Larry
Thank you for this awesome advice! I have a ticket that is almost an exact duplicate of your example. It’s right on 14th Avenue with the same description of S/S. I pulled the proof and am submitting the defense right now. I didn’t know about the requirement to have the driver’s name on the summons, so that’s great to know. I will be keeping your website bookmarked and your contact info handy now.
I got a pedestrian ramp ticket in a ramp that is not mark in the street as a crossroad with the two white lines.
I took pictures from all the angles but Incant find the graphics that describe this situation. I saw them once in your web page.
Could you, please send them to me? Thank You!! Gonzalo
Gonzalo,
Good afternoon.
I’m not sure what you mean?
Regards,
Larry
if the incorrect license plate number was listed on an NYC parking ticket, can i just ignore it? that is the only identifying info on the ticket. VIN number is not on ticket. is there a way the ticket can be traced back to me? do they scan my registration sticker and somehow that links to me even though it is not listed on the ticket?
I am sad to report (after dedicating 6 years 7 days per week with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, check out of service offerings. Here’s a link
https://newyorkparkingticket.com/passenger-vehicles/
Wow. Sorry to see you go. Your site is a fantastic resource and I hope it will stay up for a while. I just wanted to share a success story inspired by your site.
I recently got a parking ticket for allegedly parking too close to a fire hydrant. The officer put down the wrong address — an address that doesn’t even exist. Also, the ticket identified the hatchback car as a 4DSD rather than a SUBN. I disputed the ticket based only on the wrong address and included a screenshot from the nyc.gov website showing addresses on the relevant block. Within a week (this morning) I got a not-guilty decision.
Thank you for your inspiration, dedication, and advice!
Edward,
I love it.
Congratulations, champ.
Everything is staying, for sure.
The only thing that’s going is answering readers parking ticket questions on the Blog.
Too many for this old man.
Thanks for sharing your success with all of us.
You made my day.
Best,
Larry
Hi Larry,
What’s the source that the operator being present means behind the wheel? It’s not mentioned in any law to the best of my knowledge?
Hi Moe,
Good afternoon. Great question. Here’s my experience and analysis.
The Evil Empire issued a rule, 39-02:
b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name, of the person served shall also be inserted in the notice of violation (summons).
(2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served.
Firstly, I raised the defense of improper service many times. However, I never beat a ticket when the owner or operator wasn’t sitting behind the wheel. In the same vein, judges have cited the fact that the person wasn’t behind the wheel as a reason not to honor the defense. Oftentimes, a warrior will anticipate that defense and falsely enter, “no driver” in the comment section.
Secondly, the language of the rule. The Evil Empire interprets the phrase, “If the operator is not present,” to mean sitting behind the wheel. Otherwise, it would be impossible to persuade a parking ticket judge that a person standing outside a parked car was the operator (and if he or she is standing outside the car, they are not the operator of the car when the ticket was issued).
Further, the rule says, “Service of summons may be made as follows.” It doesn’t command that it must be made by one of the two specific options.
Meanwhile, I tried again to argue that the operator doesn’t have to be sitting behind the wheel when the ticket was issued, but improper or lack of service was only one of three of the defenses. And, the judge dismissed the ticket but simply wrote it due to misdescribed required elements.
In conclusion, based on my experience and the interpretation of the rule, a person standing outside a parked car is not the operator of the car when the ticket was issued.
What about if the car door was open and the motor was running, and the operator stepped out of the car to talk to the warrior? Are those facts sufficient to persuade a parking ticket judge that the operator of the car was present when the ticket was issued? What do you think, Moe?
Thank you for your thoughtful comment, Moe.
Regards,
Larry