Last Updated on November 28, 2014 by Lawrence Berezin
Larry’s keys to fighting a NYC parking ticket and winning
You may not relish the thought of being slave to a checklist, but you need to formulate a consistent process that works.
Here is the checklist that helps me fight a NYC parking ticket and win.
Larry’s first 5 points of his 10 point checklist
1. Print out the parking ticket
This is a strong personal preference based upon my years of experience fighting parking tickets. [Tweet “Keep your friends close, and your parking tickets closer.”] It makes me a little woozy going back and forth between screens on my computer to refer to the online parking ticket during my investigation. I like to read the bit size bits of data entered on the parking ticket without needing a nap after 15 minutes of looking at font too small, or indecipherable handwriting.
If you are fighting your own parking ticket, make a copy (large). I make a copy of the online version because that’s the parking ticket the judges look at while deciding your case.
2. Check all required elements
This should not come as a surprise to anyone who has spent a little time reading our blog. However, let me elucidate…I look at the content of every single, tiny, box on a parking ticket. I ask my client to confirm their chariot’s:
- Plate number
- Expiration date of registration
- Plate type
- Body type
I request an audience with their vehicle registration, if our client has any doubt about the accuracy of these required elements. For chariots registered in NY, these five required elements must be entered exactly as they appear on the registration or plate. For out-of-state vehicles, the Evil Empire knowingly misapplied a standard of “reasonably accurate” for Make and Body Type. I say misapplied because the NY State Court of Appeals in Matter of Ryder Truck Rental, Inc. declared that the Make and Body Type must be exactly correct for all vehicles (including out-of state vehicles). This case was followed by the appeals court in Matter of Wheels, Inc.
The plate type must mimic what is shown on the registration plates. No shortcuts. For example, it was the custom of the Evil Empire to insert “IRP” instead of “Apportioned” for certain Connecticut plates. The appeals court ruled that this “shortcut” installed on a warrior’s handheld computer violated the statute, and dismissed the parking tickets.
3. View place of occurrence
I check it out on Google Maps Street View to get a sense of the trials and tribulations experienced by our customer trying to park safely. Although Google Maps Street View is not up to date, it gives me a feel for the parking landscape.
4. View parking rule
I never, ever, skip this critical check on my checklist. And, I’ve be rewarded with a whole bunch of parking ticket gold.
5. Listen to our customer’s story
This is totally important. I learn a great deal about the parking environment, and why our customer thought it was legal to park. My goal is to make a bad situation better by listening with empathy and culling some information from my conversation that leads me to a winning defense.
This is the first part of a series of three posts about my checklist. More to follow.