Last Updated on October 25, 2017 by Lawrence Berezin

ABC 7 On Your Side gets the Evil Empire to tear up a 3-year old NYC parking ticket

How about a major “hip, hip hooray” for ABC 7 On Your Side! The wonderful television consumer advocate used the power of the media to right a wrong, and get an unjustified NYC parking ticket dismissed.

An NYC parking ticket for double parking was issued to an automobile allegedly owned by Jose Rivera on December 20, 2011. The big but was that Mr. Rivera purchased the car a month after the parking ticket was issued, on January 24, 2012. Obviously, the parking ticket warrior entered the wrong plate number. Jose thought to himself, no problem, I’ll just call the Evil Empire, explain the mistake, and the parking ticket will be dismissed…Yea right.

Jose secured a copy of his DMV records showing he was the only owner of the vehicle and purchased the Honda one month after the parking ticket was issued. Joe called the Department of Finance, explained the mistake, and got nowhere. Joe’s next step was to dispute the parking ticket. Guilty, guilty.

Jose refused to pay this unjustified parking fine. So, he contacted 7 On Your Side. With its vorpal sword in hand, 7 On Your Side convinced the DOF to take another look at the parking ticket. The unjustified parking ticket issued On December 20, 2011, was dismissed. Yea!

Larry’s NYC parking ticket fighting tips

• Do not waste your time telephoning the Evil Empire. The representative you speak to on the phone does not have the authority to dismiss your parking ticket. Oftentimes the phone person says, “…just write us a letter explaining the situation, and your parking ticket will be dismissed.” Hogwash!
• Fight the parking ticket by mail or in person, and be sure to present the proper proof properly. Send your defense by certified mail, return receipt requested so you have proof of delivery
• If you lose your first fight, be sure to appeal it within 30 days from the date the judge’s decision was entered. Not the date you received the decision in the mail
• You are not permitted to submit new evidence on appeal. Your burden of proof on appeal is to persuade the 3 judge panel that the original judge made a mistake of law or fact
• You have one year from the date a default judgment is entered to submit a defense. The proper process is to submit a Request for Hearing After Judgment.
• Your burden of proof to win an application for a hearing after judgment is to prove “excusable neglect” and a “valid defense.” Very difficult!
• After one year from the date of default judgment, your right to appeal is gone.

Shame on the Evil Empire

Jose’s situation happens way too often. The parking adjudication unit’s process for hearing defenses that a parking ticket was issued by mistake to the wrong plate/ or to a vehicle that wasn’t even present in NYC on the date the ticket was issued, is broken; and needs to be fixed.

It is obvious that the parking ticket warrior made a mistake and issued Jose’s ticket to the wrong plate. However, the Evil Empire didn’t make a mistake. It acted intentionally to ignore Jose’s proof and find him guilty…Ca-ching.

I suggest that a specific judge or judges be assigned to hear cases involving “wrong car” defenses. The exact proof required by the Evil Empire to establish the “wrong car” defense should be posted on the website. Instead, the Evil Empire simply attempted to grab Jose’s money despite the fact that Jose submitted the proper proof to win a dismissal.

The record is replete with examples of this bad behavior. For instance, one of our clients was found guilty of a parking violation in Queens. Except my client’s vehicle was a refrigerated truck that he used in his business to make deliveries in Kalamazoo, Michigan. Another client had a vehicle that never, ever parked in Gotham City. She lived in a remote area of Pennsylvania….

Commentary

The mistake made by the parking ticket warrior is excusable. The DOF’s bad behavior is shameful. The Evil Empire must stop reaching into the pockets of the driving community and take their hard-earned dough; especially:

• When a parking ticket was mistakenly issued to a car that wasn’t purchased, or
• To vehicles from out-of-state that were not present at the scene of the alleged parking violation, or
• To vehicles registered in NY that were not present at the scene of the alleged parking violation

Mistakes happen. Bad behavior must be eliminated.

If you need help with a TRAFFIC TICKET that you believe is not justified, the go-to guy is Matthew Weiss, Esquire. He’s the best!