NYC parking ticket Appeal
You temporarily double parked in front of your home to drop off your wife. In a NY minute, a parking ticket warrior walked to your car, raised her scanner, and fired an invisible beam of light at your registration. She handed you a dreaded NYC parking ticket for double parking. That beam of light just cost you $115.
You researched the NYC parking law and learned that stopping temporarily to drop off a passenger and immediately driving away is a defense to a parking ticket for double parking (the minority view but still winnable). You plead not guilty, prepared affidavits from you and your wife, and submitted your defense online to this serious parking crime.
10 days later, you received the decision in your email box. The hearing official found you guilty because “he did not find your argument persuasive.” You know you were right, so you appeal the original judge’s decision.
it is critical to know the rules governing an NYC parking ticket appeal and how the process works, before embarking on your NYC parking ticket appeal.
NYC parking ticket appeal process
-You must complete an application for appeal. Here’s the download link to the application to appeal. I suggest writing your persuasive argument that the original judge made a mistake of law or fact on a separate sheet of paper and attaching the paper to the application for appeal as an Addendum to Section C. The space on the application is insufficient and ill-suited for writing your argument.
-The following is a list of documents you must attach to your appeal application:
- The original judge’s bad decision
- Your original defense statement
- Your original exhibits
-Your burden of proof on appeal is to persuade the appeals panel that the original judge made a mistake of law or fact based on the evidence you offered. You cannot offer new evidence on appeal.
-The Evil Empire will not consider your appeal unless you pay your parking fine (bah humbug!)
-Your application for appeal and supporting documents must be received by the Adjudication Division on or before 30 days from the date of the original judge’s decision (the date the judge signed the decision. Not the date you received it). Although this time period may be extended in the “interests of justice,” it is highly unlikely that you will qualify for this extension.
-Although this time period may be extended in the “interests of justice,” it is highly unlikely that you will qualify for this extension.
How to set forth your reasons why the original decision should be reversed
- A gazillion appeals are processed every year. Your argument should be respectful and focused directly on a mistake in the law or facts.
- Don’t simply regurgitate your argument to the original judge
- Keep your emotions to yourself. Your anger and ranting will not enhance your chances of success.
- You cannot give more evidence. You can only refer to evidence you submitted at the original hearing
-Respectfully refer the Appeals Board to:
- The specific rule of law that you claim the original judge misapplied
- The facts that support your argument, such as the fact that you dropped your wife off at your residence. Make sure you present proof of residence
- The reason why you were dropping off your wife at that hour of day
- Judges and appeal panels love facts that were corroborated (like you wife’s statement corroborating your testimony)
–Be persuasive! By that I mean, do not merely parrot conclusions. No one likes to be told what to think. Lead the Appeals Board to the “right conclusion” by submitting sworn facts that allow the Appeals Board to reach the only reasonable decision
-Your appeal will be heard on the papers unless you specifically ask an in-person hearing. You must ask for an in-person hearing by checking the proper box on the application for appeal.
-You will find the rules covering appeals at Title 19, Chapter 39, Section 39-12.
I prepared the following appeal and won!
The original judge made mistakes of law and fact when reaching her guilty verdict. The verdict should be reversed.
I raised the following defenses at my original hearing:
“Dear Honorable Judge,
I hereby certify as follows:
I plead not guilty to this parking violation because of the TEA:
-Omitting the registration expiration date
-Misdescribing the place of occurrence
Florida law requires the month-year a registration expires to be displayed on the plate. I complied with the law and displayed on my plate the month-year my registration expired. But, the TEA entered “NS” instead of “4-17.”
The TEA entered the place of occurrence as:
“Opposite 139 Buffalo Avenue in Brooklyn.” This entry does not unambiguously describe a unique location.
I have submitted a series of exhibits in support of my defenses.
Due to this circumstances, please dismiss this parking ticket.
-I hereby certify that my testimony is the truth to the best of my knowledge.I fully understand that if my testimony is willfully false, I am subject to punishment
-I certify that the images and photographs contained in the exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued”
The original judge found me guilty because:
“The respondent has been charged with violating Traffic Rule 4-08(d)(1) by parking a vehicle in violation of officially posted street cleaning rules.
The denial claim of defective summons is unsupported by the evidence submitted. The summons is executed in compliance with all prima facie requirements mandated by New York State law to describe an out-of-state registered vehicle. “N/S” is indicated for the expiration date, which is legally sufficient for a vehicle not registered in NYS. Also, as per NYC map records,
the place of occurrence is a valid location.
Accordingly, the violation is sustained.”
The original judge exhibited a bias in favor of the respondent by her failure to:
-Apply the entire rule, including subsection (2) to the facts of this case and engage in a thoughtful, fair-minded weighing of all the credible evidence when reaching her decision
§39-02 Notice of Violation (Summons).
(2) Where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker of a vehicle is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation, provided that such condition is so described and inserted on the notice of violation. [emphasis added]
The original judge ignored the certified evidence that my registration expiration date (month and year) was displayed on my Florida plate on the date/time this parking ticket was issued
Further, the original judge offered no reason she found the NYC Property Map record and the NYC DOT Parking Regulations Map record unpersuasive because both records showed the place of occurrence was not a valid location.
I presented substantial certified evidence that cannot be characterized as patently incredible in support of both my defenses. (See, Young v City of New York Dept. of Fin. Parking Violations Adjudications 2007 NY Slip Op 51460(U) [16 Misc 3rd 1117(A)] Decided on June 13, 2007 Supreme Court, New York County Goodman).
Please right this wrong and dismiss the parking ticket.
Latest posts by Lawrence Berezin (see all)
- 5-Question Parking Ticket, Open Website, Quickie Quiz - March 19, 2018
- Do Not Fight Sidewalk Parking Tickets Until you Read This - March 13, 2018
- Parking Rules You Ought to Know That Will Save You Dough - March 5, 2018