Last Updated on January 3, 2016 by Lawrence Berezin
NYC parking ticket falls into judgment after 100 days
There is one avenue you may wish to explore with your NYC parking ticket in judgment, before holding up your piggy bank to pay your fines and penalties. It is called, “A Request for Hearing after Judgment.” This is an application to the P.V.B. to vacate your default judgment, and either:
- Dismiss your parking ticket outright, or
- Grant you a hearing
In order to prevail, you must demonstrate:
- Excusable neglect, and
- A substantial defense to the violation
What is “excusable neglect?”
It’s like you meant to pay your parking tickets, but were kidnapped by Martians, or spent the last year on a space station. Stuff like that. The PVB provides you with examples of “excusable neglect:”
- The notice was not sent to me at the address where this vehicle is registered with the NYC Department of Motor Vehicles.
- I requested a hearing and did not receive a response (submit a copy of hearing request materials).
- I had a serious medical condition when the violation was issued (submit a copy of health records).
- My vehicle was sold/transferred prior to violation issuance (submit a copy of DMV plate transfer report, insurance cancelation report and transfer paperwork).
- I reported my vehicle stolen at the time of violation issuance (submit a copy of police report and insurance company report)
- The violations were issued to plate(s) that were stolen from my car (submit a copy of police report and insurance company report).
- I serve in the military and am covered by the Soldiers and Sailors Act (submit proof of active military service at the time the judgment was entered).
- I was incarcerated.
- I was detained out of the country
What is a “substantial defense?”
Here are some examples offered by the PVB:
- I sold/transferred my vehicle before the violation was issued (submit a copy of title transfer).
- I reported my vehicle stolen before the violation was issued (submit a copy of police report and insurance cancelation report).
- Violations were issued to a plate(s) that was/were stolen (submit a copy of police report and insurance cancellation report).
- The violation is defective.
- Other defense(s). (Please list below):
In my humble opinion, any substantive defense to the parking ticket should be considered a “substantial defense,” such as: I was stopped temporarily to pick-up or discharge a passenger in a no standing zone, etc.
You may opt to negotiate a payment plan with the NYC Department of Finance, if the amount of your NYC parking tickets in judgment equals or exceeds $500.00. You must convince the DOF it is a financial hardship to pay your parking tickets in judgment in one payment; and you are required to live, work or go to school in NYC. Make sure you bring documents with you to prove your financial hardship, such as; W-2 forms, bank statements, and/or tax returns.
Generally, the PVB requests you pay 50% up front of the total amount in judgment, and enter into a payment plan for the balance. In my experience, the amount of the upfront payment is negotiable, depending upon the degree of your financial hardship. One of the sad things about parking tickets in judgment is that you forfeit the privilege of securing a reduced fine. No discounts, no reductions, and no negotiating the gross amount of your fines and penalties.
Have you had the experience of working out a payment plan with the PVB? Or better yet, successfully applied for a hearing after judgment, and your parking ticket was dismissed? Please Share!!