Last Updated on September 30, 2017 by Lawrence Berezin
Joe’s tale of NYC parking ticket woe
Joe was walking back to his car following a stressful business meeting. It was 7:01 p.m. and he’s beat. Joe was disappointed with his performance and knew he must do better at the next meeting to obtain the second round of financing from the venture capitalists at DOF Financial Partners, a subsidiary of NYC Funding Unlimited. Joe was about 10 paces from his car when he noticed something on the windshield. It was the orange envelope that launches a thousand epithets. An NYC parking ticket for No Standing.
There was no parking ticket warrior in sight, and the parking ticket was allegedly issued at 7:01 p.m. Ummmmm….Joe feels his blood pressure rising, and his eyes begin rolling around in their sockets.
Make your car the star of the show
This is the exact moment when you win or lose your parking ticket dispute. Joe loses, if he sticks the NYC parking ticket in the glove compartment of his car, and drives away in a fit of rage. What should Joe do next? Joe should absolutely, positively check the front of his parking ticket very, very carefully for mistakes.
Joe does not recall seeing a parking sign regulating his parking space that prohibits standing. He walks the entire block and discovers he is absolutely correct. The parking rule regulating his space prohibits Parking from 7 p.m. to 10 p.m., Monday through Friday. Joe is on his way to the goal line. Will he score or fumble?
Joe reaches for his cell phone camera, and takes a time/dated photograph of his car in the parking space; with identifiable landmarks such as the Trader Joe
in the background. He takes a close-up of the Trader Joe building, clearly showing the street address on the front of the building. Joe cuts to his left and leaves some would-be tackles in the dust. 20-15-10 yard line. Next, Joe takes overlapping photographs of the entire block showing each parking sign. He makes sure one of the photographs show the street signs. 5-yard line. He snaps close-up views of the front and back of each parking sign.
TOUCHDOWN. Joe has the proper proof to prove the parking rule displayed by the parking signs conflict with the misdescribed parking violation entered on his parking ticket. Nice work, Joe. You win.
Larry’s commentary:
Never, ever move your vehicle from the parking space where you were issued your ticket to an NYC fundraiser before you take photographs. Make your car the star. How else will you prove the parking rule regulating your space doesn’t match the violation inserted on your parking ticket? Or, the place of occurrence is wrong?
Here’s a link to a great video showing you exactly how to take winning photographs.
The 10 Plagues visited upon a parking ticket warrior
Chapter 39 of title 19 of the Official Compilation of Rules of the City of New
York was adopted by the Commissioner of Finance to prescribe the internal procedures and organization of the Parking Violations Bureau, the manner and time of entering pleas, the conduct of hearings, the amount and manner of payment of penalties, and other purposes of article two-B of the Vehicle and Traffic Law. For NYC Traffic Rules applicable to the stopping, standing and parking of vehicles, refer to Chapter 4 of title 34 of the Official Compilation of Rules of the City of New York, adopted by the Commissioner of Transportation.
A required element is a bite-size piece of information that must be included on the front of a parking ticket to establish a prima facie case by a parking ticket warrior against a member of the NYC driving public. If any required elements are missing, the warrior fails her mission of separating you and your money.
Here is a list of the 10 required elements contained in the Compilation of the Rules of the City of New York, Title 19, Section 39-02 et seq.
- Registration plate number
- Type of registration
- The state of registration
- Date of expiration
- Description of the vehicle
- A general statement of the violation alleged, including a reference to section 4-08 of title 34 of the Official Compilation of the Rules of the City of New York or applicable provision of the Vehicle and Traffic Law or of the Administrative Code of the City of New York or any other law or rule
- Information as to the days and hours the applicable rule or provision is in effect, unless always in effect pursuant to the rule or provision and where appropriate the word ‘all’ when the days and /or hours in effect are every day and/or twenty-four hours a day
- Date and time of violation
- Place of occurrence
- Meter number, if a meter violation
The meaning of each required element
Here are a picture and a summary of the required elements that if omitted, misdescribed, or illegible will set you free (no email address required).
Commentary
Here’s a FREE Ebook to help you plan your next parking ticket fighting strategy. Simply press gently on the red button.
[*Ask.com/List of Biblical 10 Plagues in Egypt]
I recently received a parking ticket on a rainy day. The fine was obliterated by the rain. Is that a basis for dismissal? Also, there is no address for place of occurrence, just “E/S 30th Street 90 ft. S of 48th Ave. Is that a sufficient place of occurrence? Finally, the parking rule cited is “4-08(d)” . When I attempted to look that up, I see that there are several numbered sub-sections under that rule. Only “d” is cited, none of the numbers. Is that a basis for dismissal? I would have engaged your $9.99 services, but I only use Paypal for online purchases.
Dear Esther,
Good afternoon.
We also use PayPal for our billing, but since this is a special weekend, “Larry’s Advice” is on Larry.
You’ve posed some excellent questions. Here are the answers:
1. There are 3 different formats that a parking ticket warrior may use to enter the place of occurrence. 1) “In front of” 2). “Opposite” 3) “Detailed description.” The option your warrior chose was #3. “E/S 30th Street 90 ft. S of 48th Ave.” stands for the East side of 30th Street, 90 feet South of 48th Avenue. I always recommend checking out the location to make sure the parking sign regulating the curb space for that specific location matches the parking rule you were charged with violating (No Parking)
2. 4-08(d) is the citation for the general No Parking Rule. This means the rule that was displayed on the parking sign regulating your space did not fit into one of the enumerated sub categories, such as No Parking-Street Cleaning, or No Parking-Taxi Stand, etc.
3. The summons the driving public receives is only a copy of the original. It doesn’t do a great job of maintaining the information when attacked by the weather. I am very sorry to say that the only summons that matters is the one that is entered into the DOF computer. That’s the summons that must have all the required elements entered correctly. By the way, the “fine” is not a required element, and doesn’t even have to be entered. Sorry ’bout that
I think your questions were great questions. I hope our reply benefits you as well as other readers. You did a great job analyzing your parking ticket for possible defenses. Keep it up, it will pay off in the future.
Enjoy the weekend.
Park safely.
Best,
Larry