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Can your car be Booted and Towed for the Same Parking Ticket?

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Your car can be booted and towed for the same parking ticket

Your car can be booted and towed for the same NYC parking ticket

Booted and towed two hours later. Imagine parking your car in the morning, returning to the parking space after a tough day at work and finding another chariot occupying your curb space. Or, what about parking your car at 1 p.m. and returning at 4 p.m. to find your car is missing-in-action.

Take out a piece of paper and write down a few words that describe how you felt when your brain finally concluded that your car was towed. Would some of the words be:

  • Horrified
  • Astounded
  • Frenzied
  • Furious
  • All of the above

What you and your brain didn’t know was that your car was probably ticketed, booted and then towed. Ca-ching (parking ticket fine), Ca-ching ($185) and Ca-ching (another $185).

How can that be?

Is there a rule that authorizes cops and warriors to boot first and tow later (in 2-hours)

I’m afraid so.

Here is the text of the awful rule

4-08 (A)(9) Immobilization and towing of illegally parked vehicles

(i) Time and manner of immobilization. Any illegally parked vehicle found parked at any time upon any public highway in the City may, by or under the direction of any person authorized by the Commissioner, be immobilized in such manner as to prevent its operation, and thereafter may be removed to a tow pound as provided in these rules; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless such vehicle is moved while such device or mechanism is in place.

 

Larry’s comment_I despise this draconian, money-grabbing, double-dipping rule. The cops can now issue a ticket, call in the boot squad, place a 2-hour notice to remove under the wiper, wait a couple of hours and then tow your chariot.

(ii) Notice. Notice of immobilization pursuant to this paragraph shall be placed in a conspicuous place on the vehicle. Such notice shall contain (A) a warning that any attempt to move the vehicle may result in damage to the vehicle; and (B) the time, place and manner in which the vehicle may be redeemed

Larry’s comment_What good is a notice if you’re at work, or had no intention to return within two hours to read the stupid notice? And, if you are one of the fortunate drivers who returns to his chariot within the two-hour period, good luck racing to pay and remove the boot.

(iii) Immobilization fee. The registrant of an immobilized vehicle which has not yet been removed to a tow pound pursuant to these rules, or any other person authorized by the registrant of such vehicle, may secure the release of the vehicle upon satisfaction of all parking summonses in judgment, if any, for which the registrant of the immobilized vehicle is liable and payment of an immobilization fee of $185.00.

Larry’s comment_The first Ca-ching!

(iv) Applicable rules. Where a vehicle has been both immobilized and towed, the owner shall be subject to both the immobilization requirements of this paragraph and all applicable provisions of these rules.
Larry’s comment_Ca-ching, Ca-ching!

 

(v) Right to an immediate hearing. The registrant, title holder or operator of any vehicle that has been immobilized shall have the right to an immediate hearing during regular business hours at the Parking Violations Bureau in relation to the immobilization.
Larry’s comment_Please do not fall for this trick. Do not rush over to a DOF business office and demand an immediate hearing while you’re furious and before you formulate a winning defense. Take a deep breath and do your homework. There’s a bunch of bucks at stake here.

 

(vi) Removal fee. The fee for removal of illegally parked vehicles to a tow pound shall be determined in accordance with the following fee schedule. Said fee shall be payable before such vehicles are released. (A) The removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle that has a gross vehicle weight less than 6,500 pounds, that may be towed through the use of a single tow truck not weighing more than eight tons. (B) The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or requires either more than one tow truck or a single tow truck which weighs in excess of eight tons, in order to be towed.

 

Larry’s comment_And you thought college was expensive

 

(ix) Release of a vehicle in the process of being removed. When a vehicle has been hooked to a tow truck in preparation for removal to a pound but the owner or other person lawfully entitled to possession of such vehicle appears and requests the release of such vehicle before the tow truck is in motion, such vehicle shall be unhooked and released, provided, however, that the person to whom such vehicle is released must execute a binding agreement consenting to pay the vehicle release penalty as set forth in subparagraph (x) of this paragraph (9) within thirty days from the date of such agreement and, in the event of non-payment, to the imposition of additional penalties in accordance with subparagraph (xi) of this paragraph (9); and provided further that such person present a current valid driver’s license and either registration for the vehicle, title to the vehicle, insurance identification and keys for the vehicle, a rental agreement and keys for the vehicle in case of a rental vehicle, or company identification and keys for the vehicle in the case of a commercial vehicle.
 
(x) Vehicle release penalty. The penalty for the release of an illegally parked vehicle under the circumstances permitted by subparagraph (ix) of this paragraph (9) shall be $100.00 for illegally parked vehicles which meet the criteria contained in subparagraph (vi)(A) of this paragraph (9), and $200.00 for illegally parked vehicles which meet the criteria listed in subparagraph (vi)(B) of this paragraph (9). This fee is in addition to any other monetary fine(s) and penalty(ies) permitted by law for the underlying parking violation(s); provided, however, that in no event shall a vehicle release penalty be imposed if the underlying parking violation or, in the case of multiple parking violations, all underlying parking violations, is (are) dismissed by the Parking Violations Bureau.
(xi) Non-payment of vehicle release penalty. The Parking Violations Bureau may, in accordance with law, prescribe additional penalties for non-payment of the vehicle release penalty set forth in subparagraph (x) of this paragraph (9) and enter and enforce default judgments for such vehicle release penalty and additional penalties.

I want the boot and tow rules with Larry’s Comments and Commentary 

Larry’s comment_The Evil Empire’s got you coming and going. No way out.

Commentary

We can all sit back and endure this grotesque double dip or take action. What’s your pleasure?

Why not send an angry letter to your City Council Representative? There is absolutely no rationale for this bad behavior other than an illegal money grab.

If your car is parked in a location that jeopardizes the safety of people or machines, it should be towed immediately. If your car is parked safely but illegally, then cops and warriors should pick their punishment. Either boot it or tow it.

But, to legalize a boot and a tow for the same alleged parking violation is grotesque.

Please don’t just sit there, take action.

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Lawrence Berezin

Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets
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Comments

  1. M. Duffy says

    Please do an article on pick-ups and whether the bed needs to be covered or can be left “open”. Thank you

    Reply

  2. Marie gonzalez says

    Hi Larry I was parked at a no standing 7:am to 4:pm on school days. The security said it was ok recess in school. I parked a couple of times no problem . I work in a hospital next door. At 430pm I csme out my car gone. 911 is first thing I said car was stolen the agent directed me to call 311 i did. They said I had outstanding ticket of $101.00 I said impossible I hang up check on line nothing. I had no tickets I go to the pound 185.00 they made me pay. On top the issued a ticket to my vehicle at 3:09 pm and my vehicle was towed into the pound at 3:51pm. The ticket says no standing school days only authorized vehicle. I understand giving me a ticket but towing my car if I had no outstanding violations how can I win this? My email is garnetmg@gmail.com
    Please give me some guidance Ivan not afford to loose this money it wrong when I hsbe to myself doing overtime to meet ends paying my bills. The NYPD is corrupted

    Reply

    • Lawrence Berezin says

      Hi Marie,
      Sorry about the ticket and tow pain.
      The school is in recess is a defense to no parking in a school zone.
      If you beat the ticket, you’ll get the tow charges back.
      Larry

      Reply

  3. Greg Curran says

    Larry, does your site provide information about towing abuse conducted on behalf of a private entity on, not the city. I had an infuriating experience of that sort in Rockaway.

    The NYPD told me their hands are largely tied in situation like mine, which probably explains the outrageous and enraging actions of the tow company that hi-jacked my car.

    Can you shed any light on this particular type of problem?

    Reply

    • Lawrence Berezin says

      Hi Greg,
      Sorry to hear about the nasty behavior of the tow company.
      I’ve written some blog posts on the subject, but that’s the only information I have.

      If it were me, I would file a complaint with the Division of Consumer Affairs and speak with a NY lawyer about filing a lawsuit. In NJ, we have a consumer fraud act that awards treble damages for a litany of towing abuses.

      Good luck, Greg.
      Larry

      Reply

  4. Simone says

    Hi Larry,

    Can the city issue a ticket on a car that’s booted? wouldn’t that be considered double dipping as well. I realize the car was illegally parked but that’s because the car was booted and I was running around gathering the funds to get the car released. Upon my return the next day I found yet another ticket on my car.

    Reply

    • Lawrence Berezin says

      Simone,
      Good morning. Great question. But, I don’t know the definitive answer.
      However, multiple parking tickets can be issued for the same parking violation (location violation_3 hours…Status violation_one per day).
      What defense will you raise?
      Larry

      Reply

  5. Elliot N Vigo says

    Hope you can help my car was booted in Bronx ny for a no parking loading zone while having the boot I also got ticketed by another traffic officer while I was on route to pay the 185 to remove the boot is this legal or should I fight the ticket thank you ahead of time for the advice

    Reply

    • Lawrence Berezin says

      Hi Elliot,
      I totally hate boots and tows for parking violations. Horrible!
      A warrior can issue a parking ticket for the same no parking loading zone violation in the same parking space every three hours.

      How much time in between the two tickets?
      Regards,
      Larry

      Reply

  6. Eunii says

    Hi Larry,

    My car was ticketed and booted at 7am for a parking violation. I had no unpaid tickets on my car and had a clean record completely. I tried to head directly to the court to fight it, to no avail. By the time I made it to the tow pound (of course you can’t pay hy phone) the 2 hour window was up and they were already about to tow my car. What can I do to fight this? It is obscene to have to pay $370 plus $60 for a parking violation. NY keeps on getting dirtier and dirtier with their money grubbing schemes!

    Reply

    • Lawrence Berezin says

      Hi, Eunil,
      I couldn’t agree more!
      I think the practice of ticket, boot and two hours later tow is a grotesque, double-dipping, revenue grab.
      I’ve been fighting the practice, but there doesn’t seem to be any interest in eliminating it.

      I would love to see a class action to recover all of these funds.
      Regards,
      Larry

      Reply

  7. A potential dropout says

    This is happening to me right now! I originally was issued two tickets for not having proper inspection sticker. (I had a temporary one, they argued that it expired.) It must have been booted just before Thanksgiving and now I’m scrambling to fix it. I can’t get to school without it.

    Reply

    • Lawrence Berezin says

      Hi, PD,

      I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. Please let me know if you’d still like me to comment.
      Regards,
      Larry

      Reply

  8. Kyle Johnson says

    Another victim of the boot then how scam. This is truly an insane cash grab, but it looks like a big deterrent from violating certain rules. I mean this is a crippling fee. Like $475 with the ticket? Has anyone discovered any methods of beating this cash grab? I’m definitely writing in to my representative.

    How long has this practice been going on?

    Reply

    • Lawrence Berezin says

      Hi, Kyle,
      Good morning.
      I couldn’t agree more.
      This is simply a double dip, money grab for the Evil Empire.

      If we all email and call our representatives and get them motivated, maybe we’ll get some justice here.

      PS…I’ve seen no proof that this lethal mix of boot and tow acts as a deterrent!

      Thanks for sharing your valuable opinion.
      Regards,
      Larry

      Reply

  9. Lesley says

    I was booted and ticketed for parking in a commercial zone – yes, I was definitely in the wrong for the commercial zone. But nowhere in my searching of official NYC.gov information did these laws that you state here come up. I called 311 and the woman on the phone also was not aware, and only knew the $350 of outstanding violations rule. I then called the Tow Pound directly and the woman there explained to me that NYPD can boot you whenever you get a ticket. But why can’t I find that information easily online? I appreciate that it’s here on your website, but if 311 employees can’t find it within their own websites….that’s a problem

    Reply

    • Lawrence Berezin says

      Hi, Lesley,
      Good afternoon.
      I understand your frustration.
      I think the rule that permits the Evil Empire to boot and then tow a car for the same violation is grotesque.

      Back in time, when cops and warriors took advantage of a boot and tow, there wasn’t any “official” rule permitting this grotesque conduct. I wrote letters to the Mayor, Police Commissioner, City Council guy in charge of the transportation committee, the Evil Empire, and the DOT Commissioner, etc arguing this bad behavior should be stopped. I received a call from a representative of the Evil Empire and showed her the rule or the authority to boot and tow didn’t exist. She promised to take it up with Darth Vader.

      I never got a reply, except about a year later, they amended the Rule to permit this nefarious conduct.

      I hope someday a class action type lawyer sues to recover all the double fines for the same violation. She’ win the case!

      Regards,
      Larry

      Reply

  10. Lin Chen says

    My first time getting a ticket and towed.

    It’s Saturday morning before 7am, I just woke up and glanced downstairs from my apartment window and noticed a NYPD tow truck in front of my vehicle. I ran downstairs immediately(less than a minute) the NYPD tow truck already left with my vehicle.

    I called 311 to see why and where they were taking my vehicle.. but then I noticed the NYPD tow truck with my vehicle parked two blocks away from my orginal parked spot and I ran there. The officer was processing my vehicle through his device. I asked him “why?” He tells me, I’m not allowed to have plastic covers(see through) plates over my license plate in New York and it’s a $65 fine. Cool. But then he proceeds to fill out another application for towing my vehicle while having my vehicle already towed and tells me to retrieve it at 8am at the local impounded vehicles office.

    Traffic cop wrote a ticket at 6:47am Saturday morning for plastic cover over license plate.

    A week later.. I checked my online ticket and it says: “flagged and deleted.”
    Now this morning it says: “missing front or back plate”
    But my orginal ticket says: “plastic cover over license plate.”

    What’s going on here?!?

    Reply

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