Last Updated on August 31, 2021 by Lawrence Berezin
Defending parking tickets is easier with the Evil Empire’s help
Can you believe it? Defending parking tickets with valuable hints from the Evil Empire. I like it like that!
It behooves you to check out the “Required Elements” page of the Evil Empire’s website to take a deeper dive into the meaning of required elements. And, how to deploy them to beat parking tickets.
As I said before, the best defense to a parking ticket is misdescribed, omitted, or illegible required elements. Find one, and you win if you present the proper proof properly.
For example, if you get a parking ticket for overtime parking, the warrior omits the “time first observed.” You win! Or, you find an expired meter ticket under your wiper. But, the warrior forgot to enter the meter number. Take a victory lap, champ!
Let’s move on to Part 2 (Part 1 is, “Required Element Blunders are Worth their Weight in Bitcoin.”).
Fire Hydrant Violations
Defending NYC parking tickets for fire hydrant violations is challenging. But, you can beat ’em.
Larry’s comments:
(1) This helpful hint maybe a tiny misleading. To clarify, any licensed driver may remain seated behind the wheel with the keys if the original driver leaves the car. But you can’t leave the keys with a toddler, your wonderful doggo, or your Aunt Tillie asleep in the back seat.
(2) The exception is in effect between sunrise and sunset, not daylight. You can look up the times the sun rises and sets here.
(3) In addition, there are only a small number of parking signs that specifically permit parking within 15 feet of a fire hydrant. But, don’t confuse these small number of signs with most parking signs that restrict parking during certain hours. They are not an authorization to park within 15 feet of a fire hydrant.
For example, if a parking sign prohibits parking between 7 am and 7 pm that doesn’t mean you can park within 15 feet of a fire hydrant at 9 pm. Likewise, if a street cleaning sign restricts parking between 9:30 am, and 11 am, that doesn’t mean you can park within 15 feet of a fire hydrant at 1 pm. Get the picture?
(4) Above all, warriors are only required to enter their best guess of the distance between your car and a fire hydrant. However, the warrior’s guess is not a required element. So, don’t waste your time disputing the distance.
In short, you have to prove that you parked more than 15 feet from the fire hydrant to win (if you don’t qualify under one of the myriad exceptions to the fire hydrant rule).
Muni-Meter Violations
Here are some important tips about defending NYC parking tickets for meter violations
Here’s an image of NYC parking tickets for violation code 37 and NYC Traffic Rules, 4-08(h)(1).
Here’s the Traffic Rule, 4-08
Here are the violation codes
Larry’s comments:
- NYC parking tickets for expired meters should display the proper traffic rule 4-08(h)(1), meter number (xxxxxx), meter operational (Y), and time limit (5Mn=5 minute grace period).
- If not, I would fight the ticket
- VC39 is what is commonly known as, “feeding the meter,” or “overtime” parking. It means that you over stayed your welcome in the same parking space (based on the time limit in the parking zone, i.e. 1 hour, 2 hour, etc.)
- I’ve been thinking about whether “Operational” is a required element of either expired or overtime ticket. I suggest it should be a required element for both violations and ergo, a “Y” should be entered.
Failure to display NYC parking tickets
If the wind blows away your receipt or you forgot to leave it on your dashboard, no worries. A judge is required to dismiss the VC38 ticket if you can prove payment.
Does anyone have a success story when there is a mix-up on payment online?
Commentary
Thanks, Mr. Empire! These tips are valuable. But, they are not filled with details. And, above all details matter in Parking Ticket Land. They matter a lot.
Here is a diagram from the Evil Empire dispute ticket webpage showing some stats that may interest you and yours.
Here’s a current notice from the Evil Empire (as of 8-22-21)
You can request a hearing online, by mail, or via the Pay or Dispute mobile app. Would you please choose one of these options to help ensure social distancing at our business centers, operating at reduced capacity due to COVID-19? If you cannot conduct your hearing online, by mail, or via the app, you can schedule an in-person hearing. Please note that in-person parking tickets and camera violation hearings for commercial vehicles remain suspended at this time.
www1.nyc.gov/site/finance/vehicles/dispute-web.page(opens in a new tab)
The time limits for submitting parking ticket hearing requests and appeals have been suspended until further notice. The 30-day time limit is in effect for camera violations. No additional penalties will be added to any unpaid non-judgment parking tickets issued on or after March 22, 2020, until further notice. The 30-day period to pay or dispute camera violations has resumed. Tickets that were in judgment before March 22, 2020, will continue to incur interest.”
Be safe.
Great blog, as always!