Last Updated on March 30, 2020 by Lawrence Berezin
Missing required elements: Plate Type, expiration date, and body Type for out-of-state vehicles
I just got off the telephone with Austin, a terrific guy from PA. He read my blog post about missing required elements, and submitted his NYC parking ticket defense based upon a misdescribed “body type.”
He received a decision from a NYC DOF Adjudication Unit finding against him. The reason stated was that since Austin’s vehicle was an out-of-state vehicle registered in PA, the warrior’s description was “reasonably accurate.” Close gets the warrior a cigar for out-of-state vehicles.
Clarification
When I wrote my blog post, I did not differentiate between a vehicle registered in NY, and an out-of-state vehicle. I apologize. 39-02(a)(2) states:
“Where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker of a vehicle is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation (parking ticket) provided that such condition is so described and inserted on the notice violation (parking ticket)”
The big but is that if the plate type or expiration date are shown on an out-of-state vehicle, the required element must be accurately inserted in the parking ticket.
With respect to “body type,” the warrior must insert on the parking ticket a reasonably accurate description of the body type, or the notation “N/S” or “N/A.” What constitutes a “reasonably accurate description” is up to the hearing official.
We recently beat a parking ticket for a PA vehicle where the “body type” inserted by the warrior was “van.” Our client’s vehicle was a huge pick-up truck. We submitted photographs of the vehicle, along with a copy of the invisible registration reflecting pick-up truck, and won.
Hearing official discretion is advised.
In most NYC parking ticket disputes, the more reasonable defenses, the better your chances of success.
If you believe you can beat a NYC parking ticket based upon an omitted, misdescribed or illegible required element; and also have a reasonable defense for the parking violation; be sure to present both defenses to the DOF Adjudication Unit. There is safety in numbers.
We are a community of the NYC driving public who feel the unjustified sting of a parking ticket warrior’s scanner. I welcome your comments about the interpretation of a parking rule; and invite any communication from our visitors, clients and friends stating that information needs to be explained further. We are in this together!
Please drop us a note. Your comments are important to us
[Larry’s note: There is a conflict between VTL 238 (NY State law) and 19 RCNY 39-02 (NYC law) about whether a NYC parking ticket is required to be dismissed for a misdescribed body type for all vehicles. VTL 238 mandates a dismissal for ALL vehicles; while some NYC hearing officials interpret 19 RCNY 39-02 to mean the description of the vehicle must only be “reasonably accurate.”]
I will be submitting a defense from an out of state plate where the expiration date in on the plate but the ticket indicates “N/S.” This is completely inaccurate and I hope this will be helpful in getting the ticket dismissed.
Dear Tom,
If the month/year of expiration is displayed on an out-of-state plate, a warrior is required to enter it on a parking ticket. If not, you win!
But, please be sure to present the proper proof, properly. Proof consists of:
1. A copy of your vehicle registration
2. 2 photographs of your plate attached to the car, and a second photo of a close up of your plate
3. Include a certification that the month/year was displayed on the plate on the date your parking ticket was issued.
Good luck, Champ.
Best,
Larry
where and how can we get certification that the month/year was displayed on the plate on the date your parking ticket was issued?
Dear Jason,
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, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
Did I win the fight??? I don’t know yet, as the verdict will come in two weeks, but I do know this…Larry gave me the confidence and hard evidence I needed based on my ticket plead NOT GUILTY. I felt like I had a friend in the fight! He gave me courage and knowledge on how to win this ticket, spending so much time with me to understand the system. I paid more than $600 last year in tickets…already $400 this year and it’s only the beginning of February. Wish I would have found his website 4 years ago when I bought my car in the city. I can’t wait for the mail and find out the verdict. Either way, Larry made a friend in me and it was worth the fight!!!
Donna,
You’re a champ, Donna, the gold standard.
Thank you for your kind remarks.
Best,
Larry
I received a summons that states the body type as “S/SP” I have searched all over the internet to try to find out all the possible body types that traffic agents can use to write up a summons. I do not know if this would be a valid body type for my vehicle. I have a 2008 Saturn vue. I do not think this is the correct body type for my vehicle which would make this summons invalid. Can you help me out? Thanks
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, you may wish to check out of service offerings. Here’s a link
https://newyorkparkingticket.com/passenger-vehicles/
Hi Lawrence! My partner just received a parking ticket on 30th Street. She has out of state plates (Ohio). We noticed that the “complainant” has left a comment saying “no expiration date on plate.” This is false and she has photographic evidence to prove it is false.
Do I understand correctly from your relevant blog posts that the inclusion of this incorrect comment from the “complainant” is cause for appealing the ticket?
Please let me know!
Hi Richard,
Good morning.
Yes. You are correct.
If the month and year a registration expires appears on the plate or windshield of an out-of-state vehicle, a Warrior is required to enter it on the parking ticket. However, proving your defense may be a tad difficult due to the rogue Warrior’s false comment.
You gotta have a strategy to present evidence that the sticker was on the plate when the Warrior issued the ticket. Especially since he/she said it wasn’t.
(Did you take time-dated photos of your car in the parking space?).
Good luck.
Regards,
Larry
I have received multiple tickets now after using the ParkNYC App for “Failure to Dsply Parking Meter Rec”. I obviously couldn’t have a meter receipt because the app does not produce one. I have won one of the disputes by sending a screenshot of my valid payment showing the ticket was dropped during the paid window, while others are still pending. Is this another case of the technology being far ahead of the warriors on the ground?? Or should I be doing something else!?
Hi Will,
Sorry to hear about your tech defect.
I totally don’t think you or any driver should be held responsible for a tech error. I would fight the tickets and focus on proving the proper payment and tech error.
Please let us know the outcome of your good fight.
Good luck.
Regards,
Larry