Here’s how you can win NYC parking tickets for double parking
I was driving my wife to the doctor’s office, and double parked to let her exit the car. In the blink of an eye, a NYC parking ticket for double parking appeared on the windshield of my car.
Here’s another story. I was stopped for a red light in the middle lane of a roadway containing 3 traffic lanes in my direction. The lane to my right, which was located curbside, was filled with parked cars. I was stopped alongside one of the parked cars. Wham, bam, thank you warrior, I was issued a parking ticket for double parking.
Why was I issued a parking ticket for double parking under these circumstances?
Definition of double parking
I wrote an article for Larry’s Blog about the critical importance of learning the definitions of “parking ticket terms,” The answer to this question can be found by looking at the definitions of key parking ticket terms. Here we go.
Double Parking: “Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, ‘double parking’ “
Standing: “The stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers”
Parking: “The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers”
Temporarily: Generally construed to mean, two minutes or less
Is the picture becoming clearer? According to the above definitions, you are not standing or parking while actively engaged in receiving or discharging a passenger. Ergo, you are NOT double parked.
When you’re right-FIGHT!
You may be issued a parking ticket when you stand your vehicle on the roadway side of a vehicle, stopped, standing or parked curbside; even if you are receiving or discharging a passenger. There are some parking ticket warriors who will zing you with their scanner; even though you are engaged in a legal activity.
If you get a NYC parking ticket for a violation of Code 46: Double Parking, presenting the proper proof, properly will save the day.
- If you see a warrior in the rear view mirror, or standing nearby and suspect she may zap you with her scanner, take photographs with your cell phone camera of your passenger exiting your vehicle
- Obtain evidence from your passenger establishing the reason he was dropped-off or picked-up at the location where you double parked
- When you stop your vehicle, do not turn off your engine; keep your foot on the brake; and get a move on immediately after your passenger exits or enters your vehicle
- When you contest your NYC parking ticket, tell you story in the form of a notarized affidavit; your passenger’s story in a notarized affidavit or certification; document your stories with some demonstrative evidence, such as; a purchase receipt, doctor’s note on her stationary confirming a visit, etc.
- Double park in Midtown between 7 a.m. and 7 p.m.
- Double park where STOPPING is prohibited
- Double park while loading or unloading property to the curb
- Double park and wait for your passenger to complete his mission
- Fight your parking ticket without presenting the proper proof (Affidavit, certification, photographs & evidence showing the reason you dropped-off or picked-up your passenger
- Fight you NYC parking ticket without explaining that stopping temporarily to pick-up or discharge a passenger is a defense to double parking (citing your source whenever possible)
Double parking is not an easy ticket to beat. There are still judges and warriors who believe double parking is always illegal for passenger vehicles. Follow the above road map and you will maximize your chances for success.
[Larry’s note: There are 2 schools of thought about double parking. The DOT website FAQ says it is always illegal to double park. On the other hand, the DOF Adjudication Division in its brochure, “Got Tickets?” Your Guide to Parking Ticket Hearings, page 14 reflects that “I was dropping-off or picking-up a passenger” is a defense to double parking. In addition, a highly respected expert, former parking ticket judge, Haskell Nussbaum unequivocally states in his book, “Beat that Parking Ticket,” dropping-off or picking-up a passenger is a defense to a double parking ticket. I am trying to secure an explanation and resolution of this obvious conflict between the DOT vs. DOF and former judge, Haskell Nussbaum. Stayed tuned. More to come.]
[Larry’s follow-up with the NYC DOT:
The DOT still maintains the position that a passenger vehicle can never, ever double park anywhere in our fair NYC. However, the DOT is unable to reconcile or resolve the conflict between the DOT position on passenger vehicle double parking and the Evil Empire’s Adjudication Unit’s position set forth in its brochure referred to above. I strongly believe that the opinion of former judge, Haskell Nussbaum correctly states the rule and its application on double parking].