How to Appeal NYC Parking Ticket and Win and Get your Money Back

Appeal NYC parking ticket when you’re right

This is a story about Texas Joe. He and his car hail from Texas. Recently, Joe was issued a no standing parking ticket. He carefully examined the front of his parking ticket and found a required element was misdescribed. The warrior failed to enter the date of expiration for the registration, despite the date appearing on the registration sticker affixed to Joe’s windshield.

Joe fought this unjust parking ticket and lost. Now, he’s going to appeal NYC parking ticket and win. Here’s how.

 Know the standard of proof to overcome  to win the appeal

The burden of proof you must meet on appeal is to persuade an appeals panel that the original judge made a mistake of law or fact. In other words, the original judge erred in the law or how she applied the facts to the law. Only 13% of appeals are successful, so please don’t shoot yourself in the foot by simply parroting your original defense.

Additional evidence on appeal is verboten

Remember, the standard on appeal is to prove that the original judge made a mistake of law or fact considering the evidence you submitted. There is no Mulligan in NYC parking ticket appeals. Additional evidence is verboten.

Larry prepared Joe’s appeal based upon a mistake of law

The starting point on appeal is to carefully read the judge’s decision. Did the judge consider all the evidence? Did he apply the law to the facts correctly? Did she consider all the relevant facts? DId he review all the exhibits?

In Joe’s case, the judge failed to interpret the plain language of the Rule correctly. Here’s an excerpt from the judge’s unjust decision:

“Respondent’s claim is rejected because a description N/S for an out-of-state vehicle’s registration expiration date is proper unless a sticker is found on the back plate of the vehicle. An issuing officer is not required to take information from a sticker on the windshield of an out-of-state vehicle.”

This is incorrect.

Here’s the relevant part of the applicable Rule:

” ‘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, provided that such condition is so described and inserted on the notice of violation. (emphasis added) (Chapter 39 Title 19 RCNY 39-02)’ “

Here’s Larry’s full argument on appeal:

Addendum to Section C

The original judge made a mistake of law in reaching a guilty verdict.

The defense raised below was a misdescribed required element.The TEA entered “N/S” for the registration expiration date, instead of entering the month/year of expiration that was displayed on the sticker affixed to the windshield of my car. My car is registered in Texas, which requires the month/date of registration expiration to be displayed on a sticker affixed to the windshield.

The original judge rejected my defense, by incorrectly interpreting the Rule, as follows:

“Respondent’s claim is rejected because a description N/S for an out-of-state vehicle’s registration expiration date is proper unless a sticker is found on the back plate of the vehicle. An issuing officer is not required to take information from a sticker on the windshield of an out-of-state vehicle.”

The Rule is written as follows:

“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, provided that such condition is so described and inserted on the notice of violation.” (emphasis added) (Chapter 39 Title 19 RCNY 39-02)

The plain language of the Rule uses the words either or to describe the two locations where the registration expiration date may be displayed. Either on the registration plates or sticker. Nowhere in the Rules does it limit the location to the rear plate of a vehicle.

In addition, the original judge incorrectly interpreted the term “sticker” to mean something other than a registration sticker found on a vehicle’s windshield. The term “sticker” used throughout these rules, and the rules promulgated by the Commissioner of Finance, use the term “sticker” to apply to a vehicle’s registration sticker located on the windshield of a vehicle.

Due to these circumstances, please right this wrong and dismiss the parking ticket.

Attached please find:

• Original defense certification and exhibits
• Original Judge’s Decision and Order

Thank you.

Respectfully yours,

Commentary

A successful appeal requires thinking, hard work, and after the appeals procedure. Ranting, compulsory statements, or parroting your original argument will never work.

Always make sure you carefully select and prepare your original exhibits because they are the winning elements of your original fight, and form the basis for your appeal.