Last Updated on January 30, 2023 by Lawrence Berezin
This hidden parking sign has a tale to tell.
Life would be easy (well, not that easy) if parking signs were visible from your parking space. In other words, you gleefully locate a vacant parking space, park your car, check for a restrictive parking sign as far as the eye can see (no one can see a hidden parking sign), pay for parking and go about your business.
Sadly, you find a parking ticket under your wiper when you return to your car. Why? Because there was a parking sign that regulated your parking space about 125 feet down the block. However, the evil parking sign was hiding behind a tree.
What’s a driver to do?
A hidden parking sign ambushes another unsuspecting driver.
Joe gleefully found a vacant parking space on the West side of 24th Street, close to the intersection of 43rd Avenue in Queens. He parked, got out of his car, and looked for parking signs. Joe didn’t see any signs, locked and left his car.
Meanwhile, when Joe returned to his car, guess what? Yessiree, he found a parking ticket. Can Joe fight this no-standing ticket?
First, I would take photos of my parking space and assorted views of the block.
I would be sure to include photos identifying the street, intersection, and preferably a house or building number near your parking space. You must demonstrate that the photos show your car (including the plate) parked in the place of occurrence entered on the parking ticket.
Remember, a photo of a car without a plate does not prove the location of a parking space.
Second, I would look for misdescribed, omitted, or illegible required elements.
Ensure that the metes and bounds description of the place of occurrence was accurate. In other words, were the sides of 24th Street “East and West?”
Sadly, there were no defective required elements. The warrior must have attended the required elements class. Argh!
Next, use the appropriate resources to search for a winning defense.
Like the:
- DOT parking regulations map
- Google Maps all views
- NYC Property Map
- NYC Digital Tax Map
- And more
The results of the preliminary investigation
The preliminary conclusions
- There were no defective required elements.
- Meanwhile, there was a no-standing sign on the West side of 24th Street about 124 South of 43rd Avenue.
- But the sign pole was significantly bent.
- As a result of the bent pole, the sign was hidden by a tree
- Yet, the no-standing sign did regulate Joe’s parking space
- Rule 4-08 (a)(1)(i) Sign placement. For purposes of this §4-08, one authorized regulatory sign anywhere on a block, which is the area of sidewalk between one intersection and the next, shall be sufficient notice of the restriction(s) in effect on that block.
- Parking judges use the above rule to hold drivers guilty if there is one parking sign on the block, regardless of the distance and visibility from a driver’s parking space.
My preliminary conclusion was that I couldn’t figure out a winning defense. But I had one more idea.
Why was the parking pole bent?
Accident? Or was it intentionally bent? Meanwhile, a resource is available to illuminate the bent pole mystery. And, that’s Google Maps’ “History.”
The following slideshow
Conclusion
The parking sign attached to the pole was replaced with two unauthorized signs restricting standing and parking.
- They were unauthorized because neither sign displayed the specific agency authorizing the signs.
- Joe was not guilty of this no-standing violation because the sign wasn’t an “authorized” sign
Commentary
I love that Google Maps allows us to see a history of a location. Likewise, looking back in time may help us figure out a winning defense. And, prepare evidence to support our arguments.
In this case, it was clear from the history of the hidden sign that:
- The sign was originally visible from the parking space at the corner of 23 Street and 43rd Avenue.
- The pole was vandalized so that the sign was hidden by the tree
- The original signs were removed
- And replaced with unauthorized signs
Currently, most judges will not dismiss a parking ticket because the parking sign was not visible from your parking space. They interpret the rule that there only has to be one parking sign on a block as meaning you must search the entire block for the parking sign that regulated your space. Even if you have to walk the length of a football field in terrible weather.
However, I’ve beaten tickets when you can’t read the rule on the sign while standing in front of the sign. And, I’ve even beaten a ticket when the parking sign was hidden from a parking space.
Please, don’t give up because a ticket may be difficult to beat. Sometimes you have to ponder and search for clues to formulate a winning defense. Remember, when you’re right_fight!
Good luck.
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