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Illegally Saving Parking Spaces in New York City is a No-No

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 Saving parking spaces is not legal in NYC

How to fight back against neighbors for illegally saving parking spaces

A frustrated friend of New York Parking Ticket recently posed a question about how to fight back against a neighbor that illegally saved parking spaces on her block

I did some research and found a terrific article from a fascinating website about the evil tactics of NYC parking vigilantes. A Channel 7 News investigative reporter recently publicized this bad behavior.

“Parking Vigilantes”

Anyone who’s ever driven in New York City knows the value of a good parking spot, and how impossible it is to keep. While that may be true for law-abiding citizens, the truly desperate or truly greedy are going to great lengths to keep the good spots to themselves. Forget the meter-maid, Tappy Phillips is walking the beat with Seven On Your Side.

They are known as ‘parking vigilantes.’ Their prey is the prime parking spots all over the five boroughs, and when they’re finished staking their claim it’s free parking for them, and no parking for you. That is until Seven on Your Side confronted some of these renegades on their own turf.

It can be a ribbon of yellow paint, an official-looking sign, or a makeshift barricade.

Lissette Samuels, Frustrated Driver: “They do all kinds of things so you don’t park your car here, and then you can’t find parking. All of those methods are illegal methods that the ‘parking vigilantes’ employ to stake their claim to prime spots.

Samuels: “They make their own rules.”

Lissette Samuels is in parking purgatory. She says she’s unable to park when she comes to work because of homemade “no parking signs,” yellow painted curbs and even barricades tied down by bricks. <

Samuels: “I just come here to go to work and park my car. That’s it, but I don’t need this harassment and you know they think they own the streets.”

Iris Weinshall, NYC Department of Transportation: “To put up barricades, to paint the sidewalk is not a very equitable way of dealing with the situation.”

The head of the city’s Department of Transportation says it’s illegal to do things like paint the curb or put up barriers to prevent people from parking. Weinshall says if they aren’t removed in a month, homeowners who live in front of the spots could face fines up to $2,000.

Weinshall: “This should not be done to the city streets. The city streets are for everybody.”

We agree, so I tracked down the “baron” of one of the illegal barricades.

Tappy Phillips, Eyewitness News: “What are they for? Are they for saving the parking spaces?”

“Parking Baron”: “Actually, they are because we have quite a few cars.”

Phillips: “But it’s not legal to block any part of the street for your own parking. Did you know that?

“Parking Baron”: “No I didn’t know that.”

That wasn’t the only place we found ‘curb controversy.’ In front of one of Central Park West’s most exclusive addresses, we found an official-looking sign prohibiting parking.

Phillips: “Can you please move the sign so I can park?”

Doorman: “I can’t. You have to speak to my boss.”

Phillips: “This is a public street.”

Doorman: “You can speak to my boss.”

So the doorman got the building manager, and after he saw our camera…

Phillips: “Why is this here why is this sign here?”

Mr. Healey, Building Manager: “I have no problem with that… if you like, we’ll move the sign for you… We’re asking for courtesy because we want to create a right of way, that’s all.”

Phillips: “But you don’t have the right to block off a street.”

As for our Bronx parking renegades? We found their barricades were gone by Tuesday, and we were there when they painted over curbs.

The key here is to always let the street signs be your guide. Homemade signs and even yellow paint don’t mean anything if the street signs don’t back them up. The DOT has its own parking posse, but they rely on people like you to report problems.

Tappy Phillips, Seven On Your Side

Commentary:

Jimmy Justice’s mantra is “If you see something, say something.” When you are injured by the bad behavior of a parking vigilante, take action.

  • Report the violation to the police
  • Notify the DOT
  • Call 311
  • Say something

There  is a rule that prohibits illegally saving parking spaces, 4-08(n)(7) states:

quotation marks in red

(7) Unofficial reserving of parking space. It shall be unlawful for any person to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through his/her presence in the roadway, the use of hand-signals, or by placing any box, can, crate, hand-cart, dolly or any other device, including unauthorized pavement, curb or street markings or signs in the roadway.

quotation line

Have you been a victim of the bad behavior of parking vigilantes? What action did you take? Were you satisfied with the results? Please comment. Your opinion matter to all of us!

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Lawrence Berezin

Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets
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Comments

  1. I went to the police station on Sunday to report about a neighbor who continually holds spots with his vehicles parked in the middle of 2 spaces, filled garbage bags and motorcycles. And that he blocked my parking in a spot as I was backing into the space and had someone drive his vehicle front first into the spot.
    The police refused to take my complaint or let me file a report.
    No wonder crime is down in NY – police won’t let you file an injustice.
    This man bullies the block. He is former military and polices the block in army fatigues.

    Reply

  2. An old man on my block “saves” the spot in front of his house every time he leaves by putting his garbage cans on the street. He also has a second car that is never driven but just used to hold spots for him (taking up 2 spaces). This is every day.

    When I first moved here I was in the middle of parking behind him (he was sitting in his car) and he started screaming at me and backed up so I couldn’t finish my parking job. I was confused so I just went and found another spot. I didn’t know what his deal was then; now I do. He’s a dick.

    Reply

    • I wrote a complaint from the 311 website; you can report there if someone is blocking your driveway, parked illegally etc so I just used it as a forum to give the neighbor’s address and I even had a picture of him, his 2 cars and the trash cans he uses to block the space. I caught the pic while he was moving his car back to “his” spot one morning. Worth a try!

      Reply

      • Velouria,

        Hi!
        Creative idea. Please let me know if it works.
        Thanks for sharing your thoughts and action on this frustrating parking challenge. (I detest the bad behavior of illegally saving spaces).

        Best,
        Larry

        Reply

      • I tried the 311 too, it doesn’t have a choice for illegal saving but wrote in the comments section, they had fwd to the local police station and after a few minutes I got a reply saying that the cops came to check and nothing was wrong. Also I could not find anyway to upload pictures.

        Reply

        • Same here.

          I’ve been fighting for this for months, this is very frustrating. My neighbors put out the cones and garbage bins to researve the spots. I even went to a few arguments with them, so I called 311 I received an email said police came out and resolved the case nothing happened; second time I had to call the cop because after I took away the cone, my neighbor’s whole family I mean whole family about 5 people staring at me by the window. An hour later the cops came slowly and told me there’s nothing they can do because they didn’t know who put the cone, apparently they know.

          Things got worse, last night, I came home I couldn’t find a parking I parked at the same spot, the neighbor came out and asked me to leave because his car was coming home soon. Listen to this! I said no, he got mad and warned me that do not block his driveway, which I really did not. This morning I got a ticket on my car windshield I am blocking his driveway. Wow!! I will definitely go dispute the ticket but really there’s no way to protect my interest ? I have no intention to fight with anyone but I gotta protect my own rights. Please help !

          Reply

          • Hi Maggie,
            I worry about neighborhood disputes that escalate into the red zone.
            Everyone knows the rules, but your neighbor feels entitled to special treatment
            (Does your neighborhood have an informal custom to avoid parking in front of a neighbor’s home in return for giving you the same courtesy?).
            Regards,
            Larry

  4. The best thing to do if someone is holding a spot is to call 911. Yes it’s not an emergency, but the dispute between you and the spot holder can turn ugly, so before it does the police will gladly come by and write the spot holder a summons. (There’s a code in Ny’s traffic rules and regulations book summonsable to criminal court for unauthorized holding of a parking spot.) the police officer at the precinct couldn’t take a complaint because complaint reports are only to be made for misdemeanors and felonys. A violation like this must be observed by the officer, so he can’t investigate it without observing it.

    Reply

  5. Construction workers are also “saving spots”. I received a $95 fine for parking in “his” spot and the cop honored his complaint and gave me the fine.

    Reply

  6. We have a doorman who works weekend nights. His weekend shift is most always marked by him placing a couple of construction cones. He only does this for a couple of attorneys that live in the building.

    Reply

  7. I am on the other end of the stick so to speak; for the last three weeks I have put a cone (purchased by me) to keep my driveway clear. I share a driveway and my neighbors are doing some work on their building and needed the space. “No problem neighbor” other driver see the debris and think its not a driveway now I am getting very nasty notes left on my care saying they will report me to DOB!!!!!!! no one signs the letter so I am unable to respond. Am I wrong?! I have owned my buildog for 22 years.

    Reply

    • Hi Thea,
      I am sorry to say that location (place of occurrence) is not a required element for status violations (expired registration). A status violation attacks your car rather than the location where you parked. If a sticker is expired, or plate not attached, it matters not where you parked your chariot.
      Good luck.
      Regards,
      Larry

      Reply

  8. Someone saves a spot on my block, every time he does, I just move his baracades, even if I don’t need the spot. It isn’t right. Then one day I found a traffic cone he put in the bed of my pickup truck as a “message” I guess? Now I own a traffic cone! I put it locked right in the front seat of my truck. If he wants to break in and get it, he can, I have insurance and then he’ll get arrested. I fear no man when it comes to NYC parking!

    Reply

    • Hi PH,
      Thanks for sharing your opinion about illegally saving parking spaces. And, kudos for gently reminding the offender that saving parking spaces is illegal by relocating his barricades.
      Here’s my question…It is illegal to double park on the unrestricted side of the street during street cleaning. But, it is a generally accepted custom in most neighborhoods that police and warriors will generally turn the other cheek. What about saving the parking space in front of your home. Is it a generally accepted custom that a woman’s castle comes with one free parking space?

      What do you think?
      Larry

      Reply

  9. Help me please. I am a full time student, I work part time and volunteer part time. All I want is a parking when I come home. My neighborhood is the worst place to look for parking. Traffic cones, broken barricades, garbage cans, etc are place in front of the houses to keep the parking space. I confronted one of them earlier this evening and she wasn’t pleasant.

    Reply

    • Hi Lalita,
      Good morning.
      You are a member of a large community of drivers who suffer the same anxiety every day trying to find parking near their home. I wish I could do something to ease yours and all driver’s parking pain. Sadly, I don’t have any parking permits to issue.

      What would you suggest? I’m interested to hear any ideas you have to ease the situation.

      Regards,
      Larry

      Reply

  10. Hello Larry,
    I have a question in regard to saved parking spaces. If it is “illegal” then why do parking officers not issue a ticket for the offense?

    It would seem like this would be a major money maker for very little effort since a lot of people seem to save spaces!

    I see in previous messages you may not be responding anymore but I hope to hear your opinion on this question.

    Thank you for the insight.

    Reply

    • Hi Chris,
      Good morning. Great question.
      Cops and warriors have the discretion to issue or not to issue a parking ticket. For example,
      -Double parking on the unrestricted side of the street is frequently ignored on street cleaning days
      -Parking violations are frequently ignored when a police officer parks their personal vehicle and displays his police shield

      My sense is that ‘saving parking spaces’ is the type of violation that is very low on the parking ticket hierarchy and is frequently ignored (until a memo ordering enforcement is circulated in the Evil Empire).
      Park safely.
      Regards,
      Larry

      Reply

  11. Lol this is getting out of control. I have one guy that frames his parking spot with about 20 cones.
    I have another who actually pays insurance on some junk car just to hold the spot in front so she can pull his good car on the sidewalk when he comes home. Not even a driveway, right on the sidewalk infront of the house, so ghetto.
    The other guy who painted the curb yellow got a ticket.
    And there is a 90 year old couple that puts a garbage can to hold the spot when they leave. They are the only one who lose their spot, i guess people aren’t scared of them so they move their cone.

    Survival of the fittest now.. Damn

    Reply

  12. Parking has recently become a huge problem in my neighborhood. People are saving spots and when you tell them it’s illegal they just dismiss you. They use motorcycles to block a whole island to park their car later. Because they are motorcycles, the cops don’t fine them even when parked on alternate side. Then there is an abandoned car with no plates or registration but a army station pass. I guess veterans don’t get fines either. There there are people that stand at an empty spot waiting for their family members car to drive around and refuse to move out of the way… what can you do at this point? I’ve called the local precinct, I’ve called 311, I’ve confronted people… no one does anything. The authorities dismiss me too. it’s just very frustrating when you’re circling around block after block for 40 mins.

    Reply

    • Hi, Gaby,
      Good morning. I totally understand your frustration.
      What you described is the law of the jungle rather than following the rules of the road.
      I wish I had a solution for you that didn’t involve a confrontation that might lead to a fight.

      Good luck.
      Regards,
      Larry

      Reply

  13. Hi,
    I have a neighbor who created a fake garage. (he actually put a garage door on to the side of his home but it is a dummy. ) He then made a curb cut. This way he has a saved parking space. The problem for him is that the garage width is shorter than his car. He put up a sign 6 feet further than his curb cut stating that one may not park past this sign since it is a tight driveway. This way he figured he is guaranteed a parking spot at his front door. I, as well as my neighbors park after the curb cut. (even though we know the garage is bogus, we don’t want to start a fight and don’t park in front of the curb cut). Now he started gluing papers on to the windows of cars that park on his self proclaimed private parking area! Don’t want to get him in to trouble, but this has gone too far now!

    Reply

    • Hi, Tom,
      I hear you.
      -Is the curb cut a “legal” curb cut? Curb Cut Approvals
      -The purpose of a driveway provides motor vehicles with access to the property. A property owner does not have to have a garage
      -This jerk has no right to touch anyone’s car and in my humble opinion is subject to at least a disorderly person’s complaint. Bad behavior

      Good luck.
      Regards,
      Larry

      Reply

      • He renovated an old house which had a legal curb cut. He made the garage into his dinette/ family room and closed the wall behind the door. He has no driveway, it is a corner lot and he is attached on one side.

        According to what I understand, he needs to remove the curb cut according to DOT §408 (f) (2) , it has been rendered unusable. Am I correct or not?
        Thanks

        Reply

        • Hi, Tom,
          Good evening.
          Let’s check out some definitions so we start on the same page.

          DEFINITION
          Driveway:
          Driveway. Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway

          RULE
          (f)(2) Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle
          registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any
          other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that
          have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules

          If the location of the home doesn’t allow vehicular traffic to enter and exit the property, then the curb cut does not front a “usable” driveway. Ergo, you can park in front of the curb cut.
          But, I don’t see where the rule requires the property owner to repair the curb cut.

          Good luck.
          Regards,
          Larry

          Reply

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