A Tested Way To Beat NYC Parking Tickets
Beat NYC parking tickets by checking the arrow on the sign.
Beat NYC parking tickets. Have you ever parked under the BQE? If so, did you observe any parking signs? For example, how about a street cleaning sign or a back-in-only sign? Meanwhile, did your BQE parking experience result in an NYC parking ticket?
Our great friend, Joe, headed for work one frosty spring morning. However, the curb was overflowing with cars when he arrived near his workplace. So, he headed for the parking area under the BQE. Likewise, Joe made a left turn, followed by another quick left turn, and drove down the first aisle.
Meanwhile, Joe arrived at the “empty parking space heaven.” He pulled into a vacant space, looked for signs, and parked. Joe smiled as he walked to work.
Parking under the BQE.
Joe’s smile turned into a frown.
When he returned to his car after work, he found two parking tickets under his wiper. Yikes! Joe subsequently grabbed the evil parking tickets and was flabbergasted.
Firstly, one of the tickets was for a street cleaning violation. At the same time, the second ticket was for parking head-on instead of backing into the vacant space.
Joe never saw the two signs.
Let the arrow on the sign be your guide.
Please repeat after me. A parking sign regulates the parking spaces in the direction of the arrow(s). On the other hand, you can beat NYC parking tickets if the arrow doesn’t point to your parking space. Meanwhile, was Joe saved by the arrow?
Here’s how we beat these two unjust parking tickets.
Defense Certification
Dear Honorable Judge,
I certify as follows:
I am not guilty of this violation because:
-A street cleaning rule did not regulate the place of occurrence
The place of occurrence, “South Side of Meeker Avenue, 30 feet West of Union Avenue in Brooklyn,” was not controlled by a street cleaning rule on the date/time this parking ticket was issued.
The parking summons correctly described my parking space. However, I did not see the street cleaning summons until shortly after I arrived home. I looked at the front of the ticket, immediately returned to my parking area under the BQE, and searched for the parking sign.
Meanwhile, I found a street cleaning sign near my original parking space. However, mud covered it, and the writing was barely visible. I couldn’t even make out the restricted days of the week.
Most importantly, the signs’ arrows did not point to the place of occurrence. That is to say; the arrows pointed North and South and not East and West. Therefore, the rule displayed on the mud-covered sign did not regulate the place of occurrence.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
Add: A certification that your testimony was true and the exhibits were true and accurate reproductions of the originals as they existed on the date/time the parking ticket was issued.
Respectfully,
Joe
Joe’s Exhibits
Joe beat the two unjust parking tickets
The judge dismissed both parking tickets.
Commentary
Joe didn’t see the rule displayed on the parking sign. The sign was filthy and defaced. However, he beat the two tickets because the barely visible arrows on the sign did not point to Joe’s parking space.
Here are a few takeaways:
- Never, ever pay a parking ticket, “no questions asked.”
- Invariably, check the arrow(s) on the sign every time.
- Likewise, if the arrows do not point to your parking space (the place of occurrence), fight the ticket.
- Raise, “The parking rule (or the parking sign) did not regulate the place of occurrence).
- Make sure you present the proper proof, properly..
- In other words, you must connect the location of the parking sign to the place of occurrence. For example, the BQE has several parking signs and a bunch of parking spaces. However, the warrior described the place of occurrence by metes and bounds. Therefore, I had to present evidence that the dirty parking signs were near the place of occurrence. And the warrior referred to these signs when he issued the parking ticket.
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Well, I am writing again….this time about a combo parking sign ‘ handicapped permit situation. There was some foreshadowing in my last post to you about this type of situation. That is, having a valid handicapped permit but the officer issues a ticket anyway.
I drove my father, a 93 year old man, who has a valid NYC handicapped parking permit (PPPE) to my apartment and parked on-street where there were two signs ‘in play’ for the time I was parked there; there were 1 sign regarding commercial parking and 1 street cleaning sign. However, the handicapped permit was placed face up on the driver’s side of the car (as it always is and never removed) and was clearly visible.
A ticket (for violation of street cleaning rules) was placed under the driver’s side windshield wiper and right over the permit (that was in the car). The officer HAD to have seen the permit.
I am fighting the ticket but this type of violation frustrates me to no end. What a waste of time for both the DOT and myself.
I fought this ticket via a letter and won! just got the response this weekend!
Wow.That is terrific news, Claudia.
Congratulations!
Regards,
Larry
Hi Larry, I have a question about curb cuts and driveways on streets with multiple posted signs. I want to appeal a guilty decision because I was sure it was a legal parking space, but the decision said I didn’t provide enough evidence because I didn’t show every sign on the entire block (despite several photos including the “No Standing” sign pointing away from the car, the license plate, and full view of the section of the block in question, including the car and the curb cuts). This was the defense I gave:
“I have taken several photos that show that there is a clear sign in front of the Barrymore theatre that marks this part of the block outside the reference zoning code, and that the car is between this sign and the driveways for 259-W 47th st, and is not blocking any active driveway. The car is parked in a legal spot according to the rules and regulations of the NYC parking rules.”
Is there anything wrong with this defense? I did show the car relative to the other signs on the block, the directions of the arrows, the car relative to the active driveway for a parking garage, but additional photos would show that this section of the block is a legal parking zone on both sides of the street, and that each sign on the block is placed between active driveways (intersections) to show where there are “No Standing” zones, although there are more driveways on the north side of the street than the south.
Thanks!
HI Erin,
Good aftenoon.
I checked out the location on Google Maps and on the DOT Parking Regulations Map. 259 West 47th Street seems to be regulated by no-standing signs (North side of West 47th Street).
Here are screen grabs of the Maps;
Regards,
Larry
PS. Parking signs regulate parking from the sign in the direction of the arrow(s) until the next parking sign. Or if none, the end of the block. Driveways do not have any effect on the area regulated by a parking sign.
Hi! I drove in from Canada to visit NYC and got hit with a $65 ticket for “plates covered by clear plastic” violation 4-08(j)(2) but my canadian car came with these from the manufacturer of the car. I also got his with a parking ticket not displayed but a much lesser fine. Any suggestions on how I can fight this? thanks
Hi Mike,
Welcome to the City that never sleeps or fails to issue parking tickets. Here’s what 4-08(j)(2) says:
Thank you Larry! I was also having issues with the parking meter not accepting my Canadian credit card but I am not sure if there’s anything I can do there. Thanks!
Hi Mike,
What a shame.
Meanwhile, it would be very challenging to beat that ticket. You’d have to prove that the parking meter wouldn’t accept your Canadian credit card and you had no other way to pay the parking fee.
Regards,
Larry
Thanks again Larry, unfortunately my dispute was declined and this was their response. Would really appreciate your help! I even submitted pics of my clear plate covers from the original Canada car dealership. Thank you!
respondent has been charged with violating Traffic Rule 4-08(j)(2) by standing or parking a vehicle which did not properly display the current plate or plates issued to it in that one or more of the plates were not conspicuously displayed, one on the front and one on the rear of the vehicle, were securely fastened so as to prevent the same from swinging and placed whenever reasonably possible, higher then 48 inches and not lower than 12 inches from the ground, and they are kept clean and in a condition so as to be readable and shall not be covered by glass or any plastic material and the view thereof shall not be obstructed by any part of the vehicle or anything thereon. Respondent testifies that they are from Canada and the cited regulation does not apply to out of states vehicles. They submit a photos of the plates and does not contest they were covered. This is not a valid legal defense. New York prohibits a vehicle’s license plate from being covered, even with a clear glass or plastic cover. Respondent does not allege the plate was not covered as noted by the agent and submits no persuasive evidence to show that the jurisdiction where the vehicle is registered, allows for their license plate(s) to be covered in the manner noted on the violation. It is not a valid defense that the plate may still have been visible at the time the summons was issued. Summons sustained.
Hi Mike,
What a shame!
Here’s the first couple of lines in (j)(2):
Thank you Larry, meanwhile – should I try to appeal the ticket again? Is there anything I can try to provide them to win? or should I pay it off (and still appeal? to avoid getting the late penalty in case I lose again). Thank you!
Thanks Larry, how do I show evidence that clear plastic plate covers are allowed in Ontario, Canada to prove this in appeal. Thanks
Hi Mike,
I would start by calling your car dealership and ask for the source of their authority to issue plastic covers. Or, call the store where you purchased the plastic covers and ask the same question.
Likewise, I might call Canada’s version of the Department of Motor Vehicles and ask the quesiton or search their website. Or, search the law in your city.
Once you get a reference to the appropriate rule or law, I would make a copy and submit that to the Evil Empire.
Good luck, Mike.
Regards,
Larry
PS…Or, I might Google the question, are clear plastic plate covers legal in _________, Canada.
Thank you Larry! The only item I found was the following but I am not sure if it is sufficient to fight my fine for a clear plate cover that came from my dealership in Ontario, Canada (I called up my dealership but they were completely unhelpful on this regard). Thank you
From: https://freedlaw.ca/EN/charges/vehicle-plate-visibility
Highway Traffic Act,R.S.O. 1990, c. H.8 at section 13
Interestingly, the case law on the issue of an obscured license plate appears to address only the concerns of a driver causing, or allowing, an interference in license plate visibility whereas the law merely requires that a driver ensure that an obstacle to viewing be prevented. Accordingly, and as appears clear, the law requires that a driver must ensure that an obstacle, such as a spare tire or hitch mounted bicycles, etc., avoids interfering with plate visilibity and that a driver must also make an effort to keep dirt and snow, among other things, from obscuring a license plate; however, the Highway Traffic Act appears silent on the issue of a license plate that is faded, or otherwise difficult to read, due to wear and tear or an inherent flaw in the license plate itself, such as poor quality paint or laminate. The issue of license plates faded by age or wear and tear arose in the case of R. v. Hoffner, 2013 ONCJ 510, wherein the court addressed the concern and found that the Highway Traffic Act fails to address the concern. In another interesting case, R. v. Cabeldu, 2016 ONCJ 756, the court deemed that where a promotional plate cover of an automobile dealership covered, and thereby obstructed, a portion of a license plate, specifically the phrase, “Yours to Discover”, such an obscuring was irrelevant to the purpose of the law; and accordingly, a charge for obscured license plate was dismissed.
Hi Mike,
Got it. Thanks.
I would argue that the law in your jurisdiction in Canada does not prohibit clear plastic plate covers and refer to the law you referred to in your email.
Remember, it is unlikely that a law would enumerate all the items that may be used with plates (such as, frames and covers). Likewise, if it is not specifically prohibited it makes sense that clear plastic plates are permitted (see, NYC rule that itemizes things that are prohibited). Plus, they were supplied by a licensed dealership.
I hope this helps.
Let us know the outcome.
Good luck.
Regards,
Larry
Thank you Larry! I was also having issues with the parking meter not accepting my Canadian credit card but I am not sure if there’s anything I can do there but since it’s a much lesser fine it’s no biggie if there isn’t anything I can do. Thank you again!