Last Updated on October 29, 2017 by Lawrence Berezin
I fought the parking ticket law, and the law won.
Once upon a time, not so long ago, I received a well-deserved parking ticket for violating VC 38, “Failure to Display MUNI-meter receipt.” I purchased the parking time, secured a MUNI receipt, and placed it on the dashboard of my car. When I slammed my car door shut, the MUNI receipt executed the “$65.00 flip,” and ended up on the floor of my chariot.
I had intended to write a review, anyway, of the brand new, online tool that permits you to upload images and documents in support of your defense; while receiving a verdict within ten (10) days of submission. So, I took one in the engine room for our team, and tested this tool.
By the way, I never lost a fight for failure to display a MUNI receipt for a client who paid for the parking time, ever.
I was pleasantly surprised…
To learn how easy the new, improved tool was to use. It permitted you to upload the necessary documents without a hitch. It even confirmed the documents, were indeed, uploaded.
The big but…
My concern was that my documents and my defense summary would not be submitted together to a parking ticket judge to review. In other words, will my evidence and my defense summary find its way to a judge TOGETHER, intact?
Much to my dismay, the answer was NO. After reading the judge’s adverse decision finding me guilty, it was clear to me the MUNI Receipt I uploaded with my case never reached the judge. I was found guilty because, according to the judge, I did not substantiate my defense by presenting the MUNI Receipt. However, I did upload the receipt and can prove it was uploaded correctly.
Here is the judge’s decision:
Violation Number: 7943906354
The respondent has been charged with violating Traffic Rule 4-08(h)(10) by permitting a vehicle to be parked in a parking space controlled by a “Muni-Meter” in excess of the amount of time indicated on a receipt or tag purchased from such machine, or failed to display such receipt or tag at municipal on-street or off-street parking spaces were indicated by posted signs. Respondent’s claim of paying the meter and that the receipt flipped over from the wind is not persuasive because it is unsubstantiated. Ticket sustained.”
The new, improved, online tool was very easy to use. And, delivered a decision within ten (10) days, as promised.
But, what about justice for all? A resounding NO. The evil sought to be punished for failing to display a MUNI receipt is:
- Failing to pay for parking time
- Using an “old MUNI receipt” as evidence again, and again…
I paid for the parking time, and displayed a current MUNI receipt; albeit upside down. I have fought this NYC parking ticket many times for clients, and never lost one fight (BY MAIL).
This is really easy to fix. Why not require a judge to list the documents and images he/she reviewed in reaching a Decision? This way if an important document or image uploaded in support of a defense isn’t attached to the defense summary for a judge’s review, there should be an opportunity to re-submit the necessary document or image.
Please share your opinions on this very important topic. Have you had any experiences with this new, improved, on-line tool to fight NYC parking tickets?