Last Updated on December 29, 2019 by Lawrence Berezin
More than 200,000 defective NYC parking tickets may have been illegally altered
Jill returned to her car after work to find a couple of NYC parking tickets greeting her from under the wiper. “Yikes,” she exclaimed out loud, “not one but two costly bus stop tickets while I was at work. “
Jill looked at the front of each ticket and noticed the MAKE of her chariot was omitted from one of the tickets. “Well, at least I can beat one of the two bus stop tickets and save $115,” Jill muttered to herself.
About one week later, Jill checked online for the two NYC parking tickets. Both tickets appeared, but jill was startled to find that the MAKE was now entered on both tickets.
How can that be? The MAKE was omitted on her copy of the ticket. Yet, it was entered on the online image.
Defective NYC parking tickets were corrected after they were served on unsuspecting drivers
The best defense to NYC parking tickets is an omitted, misdescribed, or illegible required element. A required element is a bite-sized bit of information that a Warrior or Cop must enter on the parking ticket to establish a prima facie case against the driver.
For example, the place of occurrence is a required element and must be entered correctly on the parking ticket or else a driver is entitled to a dismissal of the defective ticket (on their application and presenting the proper proof properly).
The MAKE of a vehicle is also a required element. However, in Jill’s case, it was omitted on her copy of the ticket and subsequently repaired before it was entered into the database.
The Evil Empire’s Reply
“The city does not illegally alter parking tickets it gets from agents in the field,” said Craig Cine, an agency spokesman.
He said the city issued over 11 million tickets last year and “there is no evidence this is a widespread issue. We take each individual case seriously and New Yorkers can always appeal tickets at DOF if there is any missing information on their ticket.”
Yea, right! If you believe that denial, I’ve got a bridge I own in Brooklyn to sell you.
I’ve fought tickets for clients where a required element was omitted on the driver’s copy of the ticket and, like a miracle, showed up on the online image. The judge’s reply was to ignore the omission on the driver’s copy of the ticket and find my client guilty. On appeal, this unjust, illegal verdict was upheld (appeal panel decisions are not required to include their reasoning, rationale, or facts).
Here’s another victim’s tale
Bridget McNally of the Bronx, whose husband Daniel owns a plumbing company, said one of his truckers received a $115 ticket May 28 for double parking in front of 364 W. 127th St. The make of the vehicle and name of the law enforcer were left blank on the summons — but that information was added online weeks later.
McNally suspects the mistakes are made in a rush to fill ticket “quotas” — and city coffers.
“Just like they make us do everything properly, they have to do the same. Fill out the paper properly,” she seethed.
Commentary
Shame on all the dishonest people engaged in this bad behavior.
The takeaway is to beware of the Evil Empire bearing gifts. Check the front of your ticket for omitted, misdescribed, and illegible required elements. But, don’t stop there. You gotta look up the image online and make sure your copy of the ticket matches the online image.
At least now there is well-documented proof that rogue members of the NYC parking tickets community will stop at nothing to steal our money.
Thanks for being there……………. Bob
You are very welcome, Bob!
Regards,
Larry
Good to see you in action, Larry.
But also want to add that there’s another problem here… I have appealed some wrongly adjucitated tickets where my clear and precise defense was swept aside and the violation upheld, against all logic… and the Appeals Board’s answer was “we do not wish to disturb the judge’s decision.”
WTF ? I mean, REALLY ?? That’s actually saying: “…you’re right, but we’re going to keep your money anyway.”
Another time, I appeared in person for a Bus Lane ticket appeal. The judge heard me out and said “you got me, there, but you’re still going to have to pay this ticket.”
So… long story short: they just want your money !! But be happy ~ in Star Wars, at least, the Evil Empire loses sometimes.
Happy Holidays… and safe driving.
Hi, Alok,
Always great to hear from you, Mr. A.
Sorry about the bad behavior you’ve encountered in Parking Ticket Land.
Hopefully, it will be justice for all in 2010!
Be well.
Enjoy the holidays!
Regards,
Larry
These issues should be brought up to lawmakers. City agencies should be held accountable. They are not above the law.