Last Updated on September 25, 2017 by Lawrence Berezin
3 NYC Parking Tickets: Can you figure out the winning defenses?
Here are the rules of engagement:
-Examine the front of each of the NYC parking tickets
-Do your homework and figure out a winning defense by using the resources available to all of us (Resources)
-Share your winning defense as a comment to this blog post
Without further adieu, let the games begin!
Parking ticket #1
What’s the winning defense?
[alert type=”success” icon-size=”normal”]
Hint: It is an omitted required element.
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The rear plate of the Kia:
Parking Ticket #2
What are the winning defenses?
[alert type=”success” icon-size=”normal”]Hint: The place of occurrence was misdescribed. Why?[/alert]
Parking Ticket #3
What is the winning defense?
[alert type=”success” icon-size=”normal”]Hint: Check out the signs on the Gotcha Pole below the ticket[/alert]
Spoiler Alert-Winning defense
Commentary
Warriors gave these three parking tickets to three wonderful members of the driving public. Instead of paying the tickets, “No Questions Asked,” they signed up for our Premium Service and asked a simple question, “Can you beat these tickets?” I did my homework and unearthed winning defenses for all three tickets, submitted ’em online, and Parking Ticket Judges did the right thing and dismissed the tickets.
None of these three parking tickets were scam tickets issued by rogue agents. They were issued in good faith believing a violation occurred…
-For example, in parking ticket #1, we raised the lazy warrior defense. This defense is available to vehicles registered out of state that are required to display month/year stickers on their license plates (registration expiration date). However, many Warriors have bad knees and don’t bend down to check out the plate (or sometimes the stickers are on the rear plate which would require walking to the rear of the car and bending down). These lazy Warriors enter, “NS or NA” instead of the month/year the registration expired.
-For example, in parking ticket #2, the Warrior had bad handwriting (some of the required elements were “illegible”) and he didn’t attend the class on how to enter the place of occurrence in the correct format. A place of occurrence must unambiguously describe a unique parking space. There are three accepted formats:
- Front
- Rear
- Metes and Bounds
C/O stands for “corner of” and can never, ever be used to enter a place of occurrence.
-For example, in parking ticket #3, the addendum should have included days and times not just times. The Warrior understood what the addendum sign was supposed to mean and based the ticket on his imagination. Luckily for our client, the ticket was issued between 9-10:30 am and the sign clearly stated that meters were not in effect. We won! A Parking Ticket Judge again did the right thing by not finding the “messenger” guilty (Off with the head of the signmaker!)
Whether you contact me for help, use a parking ticket app or other parking ticket fighter service, or do your homework and figure out if you have a winning defense, please, I urge you never, ever pay a parking ticket, “no questions asked.” Don’t be like the lazy Warrior and pay a $115 fine because you’re too busy, and then complain about unjust parking rules.
Park safely,
Larry
Just receive in the mail traffic violations for fail to display rect(38)
Plate missing(74) from 9/12/2017
I never knew of this traffic ticket. I was never given one in hand or left on vehicle from agent. My sister was in the car with indicator on. I did not know the mount to the plate was broken. A friend fix the front plate due to the fact the screw was loose and dangling. It seem fix. Until Friday 9/15/17 night I notice it knocked off. 9/16/17 6:53am Notify my brother to bring to Auto Shop to have fix and I end up receiving a ticket for missing front plate same day 10:37am. Went to court 9/19 Took a picture and showed proof that the plate is fix and this ticket was dismissed. If I would had knowledge of the first ticket and the reason for it, I would of answer it next day showing plate fix. Can I still use my prior pictures of the fix plate? I also have two witnesses will that be of any help??
Hi, McLaughlin,
Did you pay the other ticket?
Larry
No, I went this Morning all dismissed. Agent forgot subject in one ticket and is plate fixed and I given pictures as proof.Agent also didn’t leave me any ticket. Thanks for your response.
Dear Mr. Bezerin,
I wanted to ask for your advice on a pending matter. Basically the story was that this February, my mother and I were driving into the gas station and the cop pulled us over and said my mother didn’t have her seatbelt on. Now, in time until the hearing Monday, we had filed an online response with no exhibits and said that my Mom had her seatbelt on and I was in the seat behind her and saw it. The case was scheduled for October 16 in Queens near the Whitestone Bridge. In the ticket, an interesting flaw was in it. The office claimed and would later claim that the violation had occurred on 215th street and the gas station was on the 219th street. We had been busy and prepared for the case. Just a side note of information, the ALJ didn’t identify herself and she found everyone guilty and every officer was over rehearsed. I felt in our gut that she was going to find us guilty. Once it was our turn, the officer began his story and I was told to go out as a witness and the officer agreed with my Mom and said that the violation had allegedly occurred on 219th st and the ALJ asked it herself and she didn’t examine the matter further. My mom also disputed the ticket saying that she was wearing the same coat and that it matched the color of the seatbelt. I waited and I came in nervous, said that the ticket had an inaccuracy of the wrong location and the officer agreed. He said that we had misunderstood the nature of the ticket. I pointed also that my Mom has taught me to be a good driver and that she wore her seatbelt and only took it off when the ignition was turned off. I pointed out the fallacy of self righteousness and the officer said that he wouldn’t lie to lose his job (blue code of silence anyone?). She found us guilty and failed to provide any reason why. We are now contemplating an appeal as my Mom has a clean driving record, clean abstract and she was deeply disappointed with the outcome. Now I believe that this process was flawed from the start and I want to ask for your advise and guidance on this. I think that the best chance we have is to mail in an appeal for the no seatbelt ticket and to do so on the grounds that the original ticket said 215th street and the officer cannot after the fact correct the ticket to ensure his case prevails and for the ALJ to allow for this is clearly reversible error as there was a material dispute of fact that she had a duty to undertake and find out the entire situation or totality of circumstances of where this ticket was actually issued and relating to that, the ALJ failed to dismiss the ticket erroneously as the factual dispute was acknowledged by the officer and our testimony wasn’t inconsistent as his was and as such the officer failed to prove his burden of proving his case with clear and convincing evidence and in addition, the ALJ erred in failing to dismiss the ticket as she accepted an officer’s testimony uncorrborated as he was alone and those inconsistencies alone wouldn’t even uphold a preponderance of the evidence case. Also I wanted to ask what things we should include in the exhibits as I want to take pictures and refute this case in its entirety and I know that the rules generally frown on introducing new things but this is evidence related to the matters brought up at the hearing and as there is no mechanism to correct or supplement the record, this additional evidence is allowable. Thanks, I would appreciate hearing from you as soon as possible.
That’s messed up. Did you win the appeal?
Yup!
Larry, I got two tickets for parking within 15 feet of fire hydrant Friday and Saturday same place. I didn’t see the ticket until next day. The place of ocurrance says “in front of 1146 Sheridan Ave” but the building is “1146 Glenmore Ave” and I parked on the side of. When I look up the address on the ticket On DOT map, it says it is invalid. Can I fight these tickets?
Hi, Nathaly,
Good morning.
The place of occurrence must unambiguously describe a unique location. Is there a fire hydrant within 15 feet of the property lines of 1146 Sheridan Avenue in either direction? If so, you have a tough challenge to beat the ticket. If not, you got a great defense, a misdescribed place of occurrence.
[FYI: It doesn’t matter that the Warriors and Cops allowed you to park there in the past. And, parking less than 15 feet in all directions of a fire hydrant will earn you a ticket.
10-15 feet isn’t allowed (ca-ching, $115).]
Good luck, Nathaly.
Regards,
Larry
PS…This was yesterday’s reply to your comment.
I parked on a Sunday afternoon at 149 Orchard St and received a $115 ticket for violation 4-08. I’m from PA and they notes I didn’t have a driver/permit and no expiration date was on my plate for else ware on the car. I did not see any signs for no parking at the location. Should I flight this ticket?
Hi, Kendra,
Good morning.
I’m sorry for such a rude greeting for a lady from the great state of Pennsylvania.
You gotta make sure there were no parking signs regulating your parking space from either direction. I would check the address on the NYC DOT Parking Regulations Map.
If there were no parking signs regulating the place of occurrence entered on your ticket, or if the rule was wrong, I would fight the evil ticket.
Good luck.
Regards,
Larry