Last Updated on January 4, 2018 by Lawrence Berezin
Why is it a risk to fight an NYC parking ticket online?
Shame on you Department of Finance. How can you offer an online hearing to the unsuspecting driving public without explaining the rules of the game? Here’s your secret:
- The parking ticket is a sworn statement by the parking enforcement warrior
- The driving public’s on-line testimony is not under oath
- Therefore, you assign greater weight to a parking ticket than the driving public’s unsworn, on-line testimony
In other words, private citizen you lose!
The NY Supreme Court criticized this practice in a recent court decision Young v. New York City Department of Finance Parking Violations Adjudications
The Court stated that under the standard practiced by the Department of Finance parking ticket adjudication bureau, compliance with the respondent’s on-line rules would be an exercise in futility. It is a gross violation of the driving public’s due process rights and would be an illusory alternative to a paper or in-person response.
The NY Supreme Court went on to say that once the defendant presents testimony that is “not patently incredible”, the summons must be dismissed absent the submission of more evidence by the DOF to meet its burden of proof.
Here are some suggestions:
- Think twice before agreeing to an on-line hearing of your NYC parking ticket dispute;
- Request an in-person hearing to fight your New York City parking ticket; or
- Request a paper hearing and give affidavits and proper documents to support your defense
If you still wish to ask an online hearing, ask at the outset of the hearing whether the Judge is going to follow the process enunciated by the NY Supreme Court in the Young case.
Have any of our readers disputed their NYC parking tickets in an online hearing? Please share your experiences. It will be a great help to all of us. Please comment. Your opinion matters!
Commentary
[alert type=”info” icon-size=”hide-icon”]UPDATE: You may wish to check out the second related post below. The Evil Empire made a number of significant changes in the application to fight NYC parking tickets online. These improvements were terrific and I recommend fighting tickets online, as long as you learn the process and feel comfortable preparing and uploading your documents and images.[/alert]
Your honor as u see I got a ticket for parking at fire hydrant inever parked in my 45 years at afire hydrant wen I parked my car I measured with my feet it was 15 feet may be I made a mistake with one foot but iam not blind but the officer wrote 3 feet I could not believe what he wrote never would park that close I know the law it really hurts when u obey the laws and you still get a ticket iam orthodox would not lie for money iam driving 45 years never got a ticket for parking by afire hydrant also officer Gary. M made a big mistake with the st he put 441w 50st it was 48st as I work on 47 st I know we’re I parked tax reg number 330692 date 07/13/14 time 1 052am
Dear Moses,
Good morning.
Well said.
I’m not sure whether you posted your comment to share your experience with our readers, or whether you’d like me to comment on your defense statement?
A parking ticket warrior is required to enter his estimate of the distance a car is parked from a fire hydrant. However, the estimate doesn’t have to be accurate, as long as a number (any number less than 15 feet) is inserted.
Our fight is not against the warrior’s inaccurate estimate of the distance. Our fight (burden of proof) is to persuade a judge that we parked more than 15 feet from the fire hydrant.
Don’t let a warrior misdirect your focus from the real issue (which is proving you parked more than 15 feet from the fire hydrant) to waste time arguing that the warrior’s estimate is wrong.
I would never tell a judge the distance I parked from a fire hydrant may be a mistake. It is difficult enough to beat a fire hydrant parking ticket without giving the judge an easy way (your own admission that the distance may be wrong) to find you guilty.
Good luck.
Best,
Larry
If I lose my hearing, will I have to pay more than the ticket fee? I got a ticket for standing at a bus stop for $115 and would not want to pay more than that if I lose the hearing but at least give a try to beat as I was standing to pick up someone and the ticket seems to have my wrong plate number.
Azarias,
Good morning.
I am glad you asked…
You will NOT incur any penalties for fighting a parking ticket, as long as the Evil Empire receives your dispute on or before 30 days from the issuance of the parking ticket.
If you lose your fight, you have 30 days to pay without incurring any additional penalties.
If your plate number is wrong, you win and will save $115. When you dispute the ticket, please be sure to submit a copy of your vehicle registration as proof of the misdescribed plate number (plate number is a required element).
Good luck.
Best,
Larry
While using The parking ticket machine to get a ticket the parking Forssman officer gave me a ticket the officer realized when confronted that it was given in error and took the ticket back yet the ticket was still generated they wont allow the parking officer to testify at the hearing,but doesn’t the fact that she took the ticket back show that it was given an error? Shouldn’t the ticket have been voided when she brought the ticket back to the office ?
Dear Anthony,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
I had disputed parking ticket online. Got an email message, the dissision will be made in 45 days, but 2 months past and I do not have any responce. How I can find out what is going on?
Hi, Alex,
Good afternoon.
Sorry for the delay!
If you haven’t received a decision yet, I would
–Check online
-Call 311
Good luck.
Regards,
Larry
Hi,
I received a parking ticket for a clear plate cover over my license plate stating it was an “improperly displayed plate. ” Do you have any recommendations to fight this?
Also, the ticket was issued with the incorrect address – 207-30 89 st (no such address exists.
Hi Richard,
Good morning.
This stupid ticket has become challenging to beat. Here’s the Rule:
(j) Standing or parking vehicles that violate registration and inspection rules are covered or
have the VIN obscured.
(2) Valid plates must be properly displayed. No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it. For the purposes of this paragraph
(j)(2), New York plates shall not be deemed properly displayed unless they are conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened so as to
prevent the same from swinging and placed, whenever reasonably possible, not higher than 48inches 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 by anything carried thereon.
Technically, you can’t cover a plate with plastic. I have argued that the view was not obstructed and the plate was totally readable. I support my certified statement with good photos showing how clean, readable, and unobstructed my plate was when the ticket was issued.
This defense depends on whether the judge is reasonable or not.
Good luck.
Regards,
Larry
Do you suggest disputing a ticket online? (It was for a parking receipt not displayed) and I have photos of it displayed and the receipt showing I paid – had until 10:30. Officer ticketed me at 10:02.
Thanks Elizabeth
Hi Elizabeth,
Absolutely! When you’re right, fight!.
I fight all my tickets online.
Please be sure to share the date and time you took the photos, along with the other evidence you have.
Let us know the outcome.
Good luck.
Regards,
Larry