Fight NYC parking tickets with the legal power to win
Fight NYC parking tickets only after arming yourself with the holdings of these five parking ticket cases.
That is to say, you’ll learn about the force and effect of different types of required elements that a parking ticket warrior must enter on a parking ticket to establish a prima facie case. For example:
- 5 identification required elements
- Place of occurrence where your chariot was parked
- A parking rules reference to the correct citation of 4-08
I’ve listed all five cases with a brief explanation of why the case is important and a link to the case.
Are you ready to lock and load your legal weapons to fight NYC parking tickets?
Let’s get started.
1. In the Matter of Ryder Truck Rental, Inc., et al., Appellants, v. Parking Violations Bureau of the Transportation Administration of the City of New York, Respondent
Why is this case important?
- NY Court of Appeals ruled against the Parking Violation Bureau finding that the NY Legislature intended 5 identification elements in the statute to be mandatory, not directory
- The 5 required elements are expiration date, the plate designation, the plate type, the make or model, and the body type of the vehicle
2. Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep’t of Transp. of the City of New York
Why is this case important?
- In Matter of Ryder Truck, the NY Court of Appeals declared that five identification elements, including plate type, on a parking ticket were mandatory, and the omission of one element required dismissal (Matter of Ryder Truck Rental v Parking Violations Bur., 62 N.Y.2d 667)
- The Court amplified that decision and held that a misdescription of any of the five mandatory identification elements also mandates dismissal.
3. Young v. The City of NY Dept. of Finance Parking Violations Adjudications
Why is this case important?
- VTL sec. 240(b) and 19 RCNY sec. 39-08(e) provides that the Evil Empire must establish a parking violation upon proof by substantial evidence • VTL sec. 238(1) and 19 RCNY sec. 39-08(f)(4) establish a parking ticket acts as prima facie evidence of the facts contained therein
- VTL sec. 238(1) and 19 RCNY sec. 39-08(f)(4) establish a parking ticket acts as prima facie evidence of the facts contained therein
- A parking ticket does not create a presumption of guilt but merely shifts the burden of proof to the alleged violator
- If the member of the driving public submits testimony refuting the charges that are “not patently incredible,” then the parking ticket must be dismissed absent the submission of additional evidence by the respondent to meet its ultimate burden
4. Crichlow v. NYC Dept. of Fin. Adjudication Div.
Why is this case important?
• It was not disputed that the vehicle was a two-door sedan and not a four-door sedan. Thus, the summons which described the body type as ‘4DSD’ contained a misdescription of the vehicle. However, Respondent contends that “the identification of the two-door sedan as a four-door sedan on a parking ticket is not a fatal mistake because it does not reach the level of misdescription of the body type as required by VTL §238”
• The Court of Appeals clearly stated in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014 [1992] that a misdescription of any of the five mandatory identification elements mandates dismissal
• Contrary to the respondent’s contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not give levels of misdescription
And it does not give an exception for small errors.
• The Adjudication Bureau was mandated to dismiss the summons according to VTL§ 238(2-b)(a) because the body type of the car was clearly misdescribed,
• Violation No. 7324225871 must be annulled due to an error
5. Matter of Nestle Waters N. Am., Inc. v City of New York
Why is this case important?
Respondents’ policy of deeming “IRP” an accurate description of “Apportioned” license plates issued outside of New York State is violative of § 238 of the Vehicle and Traffic Law.
In other words, a Warrior or cop must enter the exact description that appears on a license plate when entering “Plate Type” on a parking ticket (This pertains to out-of-state plates).
