Larry Comments on a Parking Ticket Report by CBS News

Parking ticket report raises some important questions

Here are portions of an excellent report published by CBS News about the use of technology to ease fighting NYC parking tickets.

1. CBS 2’s Tony Aiello reported high-tech tools allow the city to write more and more tickets. But they also make fighting a ticket you think is unfair a little easier.

2. Like so much of life, the process of fighting a parking ticket has moved online.“On the Web is probably one of the easiest and most efficient ways to have it,” said Kevin Timoney of the New York City Department of Finance. Timoney said about 50 percent of ticket adjudications now take place online, with a system that makes it easy to upload evidence to argue your case. For instance, a scan of a Muni-Meter receipt or a picture of a parking sign may easily be uploaded.

3. Everything will be reviewed by an administrative law judge sworn to be impartial.“Take as many pictures – overkill is better than under kill,” said Administrative Law Judge Frank Reyes. “Submit as many items as you think is necessary.”For bus lane violations, the system allows you to view the video of the alleged infraction, and maybe prove the camera that caught you doing so was in error.

4. With the city using handheld devices to generate more tickets, Gotsopoulis said it is only fair to allow drivers the tech tools to fight back.But more than anything the move online is about convenience.“People’s time is precious to them, and we have to make it as easy as possible for them,” she said. In future years, the Parking Court waiting rooms could get even quieter.

5. The city is researching apps allowing you to fight or pay a ticket right from your smartphone.On average, 1,000 people each day choose to go online to fight a parking ticket or bus lane violation. It takes about five days to get a decision

1. CBS 2’s Tony Aiello reported high-tech tools allow the city to write more and more tickets. But they also make fighting a ticket you think is unfair a little easier

I agree. I fight all our parking tickets online.

2. Like so much of life, the process of fighting a parking ticket has moved online

-Fighting an NYC parking ticket online is an acquired skill. It takes practice and a process. For example, after entering your name, address and email address, you’ll find a little square to enter your defense statement. I recommend writing your statement in Microsoft Word, Apple Pages, Evernote, Apple Notes, etc., and copy and paste it into the little square. It is much easier to revise your defense in a third-party editor.

-The warrior signs the parking ticket. Have you ever noticed that above the warrior’s signature is the warrior’s affirmation? If you simply submit a defense statement, the warrior’s sworn testimony will automatically be entitled to greater weight than your unsworn testimony. I suggest the following:

Dear Honorable Judge,

I hereby certify as follows:

I plead not guilty to this parking violation because:

-The place of occurrence was misdescribed
-The rule regulating the place of occurrence was misdescribed

The TEA charged a violation of a No Standing – All Times – Temporary Construction Rule. However, the Rules displayed on the parking signs that regulated the place of occurrence were not this rule.

The TEA claimed I parked opposite “104 West 40th Street in NYC” when, in fact, I parked opposite “110 West 40th Street in NYC.” However, the same parking sign regulated both parking spaces and was located on the north side of west 40th Street, 264 feet west of the corner of west 40th Street and 6th Avenue.

I have submitted a series of exhibits in support of my defense.

Due to this circumstances, please dismiss this parking ticket.

Thank you.

-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 contained in my exhibits are true and accurate reproductions of my parking ticket, the NYC Map, the NYC DOT Parking Regulations Map (visual and text versions).

Respectfully submitted,

Joe Smith

3. Everything will be reviewed by an administrative law judge sworn to be impartial

“Take as many pictures – overkill is better than under kill,” said Administrative Law Judge Frank Reyes. “Submit as many items as you think is necessary.

-Be wary of a judge bearing tips. I agree that more may be better than less, but that depends on the quality of your evidence. For example, many people take photographs and submit ’em. Easy, right? But, do your photographs prove your defense?

For example, how do you prove a defense that the rule you were charged with did not regulate the place of occurrence entered on the ticket?

-One way is to take overlapping photographs of the entire block, starting with the street sign at the corner, and including the front and back of each parking sign and the number of the building to shown the parking sign(s) that regulated the place of occurrence (recommended by the Evil Empire). Yikes! That is exhausting, especially if it is a long block

-I prefer to create a series of exhibits using Google Maps, the DOT Parking Regulations Map, the NYC Map, and live photographs. Here’s a sample:

-Prepare exhibits and include descriptions (captions) on each exhibit. Exhibits with captions are more persuasive than empty photographs. Your exhibits should tell a story that supports your defense.

-There is a limit to the size of your exhibits/photographs. Your evidence files cannot total more than 5 mb. I have found 5 mb to be perfectly adequate in most cases. However, when it’s not, there is a gaggle of free apps that will compress the size of your files.

4. But more than anything the move online is about convenience

“People’s time is precious to them, and we have to make it as easy as possible for them,” she said. I disagree. It’s about justice. The question to ask is, can you get a fair hearing online?

The answer is a resounding, yes. And, you’ll get a decision in about 10 days.

Online hearings weren’t always fair. You history buffs may wish to check out some blog posts I wrote on the subject of online hearings.

2009: “Fight your NYC parking ticket online at your own risk”

2011: “You can now submit evidence when you fight your ticket online”

2011: “Larry’s review of the updated online hearing”

2011: “How to fight your NYC parking ticket online”

2014: “Important news about fighting an NYC parking ticket online”

Commentary

Parking ticket online hearings offer speedy justice. But, you gotta plan your defense, not just upload a few photographs and an unsworn statement.

Park safely.

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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

Felix says

April 23, 2017 at 8:26 pm

Dear Larry, same problem with blocked driveway here. Drivers think that my gated garage belongs to an office or school. Drivers think the school is closed on the weekend and park despite the NO PARKING sign in the gate. What is worse is that by the time the Police come to ticket, they are already gone. What are the rules on painting the curb yellow? Hope this can help.

- Lawrence Berezin says
  
  April 24, 2017 at 9:01 am
  
  Hi Felix,
  Good morning.
  What a shame… I hate inconsiderate parkers!
  
  You are not permitted to paint a curb yellow or any color…Sorry, Felix.
  Regards,
  Larry