Last Updated on May 29, 2022 by Lawrence Berezin
It is time to give the Required Elements Chart a fresh coat of paint
Required elements are parking ticket gold. If you find one or more misdescribed, omitted, or illegible required elements you are entitled to a dismissal of a parking ticket (upon application and presenting the proper proof, properly).
Several years ago I designed and published a Required Elements Chart consisting of an NYC parking ticket with boxes identifying each required element. It was viewed many times and responsible for a bunch of parking ticket dismissals.
I think it’s time to re-design the old chart and add some color and information about each required element.
Here’s the reveal…Meet your new, colorful, Required Elements Chart
Required Elements Chart
Required Elements Menu
- Plate-Your plate number must be entered accurately. If not, you win. Ticket dismissed upon application and proof.
- Name of the operator-A warrior is required to enter the name of the operator if she is seated behind the wheel when he issues the parking ticket. This rule is honored in the breach. Here’s how to secure the proper proof to win this defense
- Expiration Date-The expiration date of your registration must be entered correctly if it is on the windshield or license plate of your chariot. If not, your ticket will be dismissed upon application and proof (a tad more complicated than you would expect)
- State-State of registration must be entered correctly
- Plate Type-This is an easy element for NY State charioteers, but not so easy for out-of-towners. The plate type must be an exact match for vehicles registered in NY State. However, a warrior is permitted to enter “N/S” if your plate type is not displayed on the plate. For example, New Jersey doesn’t display plate type so technically, “N/S” will suffice…Arrgh!
- Make-The make of your vehicle must be described correctly
- Body Type-It is much easier for NY State chariots to beat their ticket when it’s omitted, misdescribed, or illegible than for out-of-state chariots. The standard of proof for out-of-staters is “reasonably accurate.” Judges are reluctant to gift the benefit of the doubt to out-of-state drivers
- Place of occurrence-This is a description of the location of your parking space. Always check it for accuracy because if it is misdescribed, you win upon presenting the proper proof
- Rule-Warriors must enter the correct reference to Rule 4-08 or else your ticket is dismissable upon application. For example, in the above parking ticket, the warrior referenced the correct rule for a fire hydrant violation, R. 4-08(e)(2). Please note that the violation code number is not a required element
- Date/Time: Easy to check, not so easy to win a dismissal. Make sure you check when you see 12A (that denotes midnight) and when your parking space is subject to the 5-minute grace period.
Are you making these 3 required elements mistakes?
- A warrior entered a ridiculously close distance to the hydrant, let’s say 3 feet, and you know you parked more than 3 feet away. Don’t make the mistake of fighting about the warrior’s “guess” because all she has to do is enter a number (accuracy doesn’t count). Your burden of proof in a fire hydrant case is to prove that you parked your car more than 15 feet from the hydrant. Don’t get distracted by an inaccurate guess by the warrior.
- You’re not sure which required elements are required for muni-meter violations. VC38 (failure to display) does not need, “meter #,” “limit,” “operational,” or “time first observed.”
- VC37 (expired meter) does need, “meter #,” “limit,” “operational,” or “time first observed.”
- I argue lack of service as a defense when a driver was sitting behind the wheel of their car when the warrior issued the parking ticket and placed it under the wiper. I recommend taking a few photographs of the warrior issuing the ticket, ignoring you, and omitting your name on the parking ticket. I have defeated parking tickets with some wonderful pictures of a warrior ignoring the rules. Try it.
How to Prepare the Best Defense Ever
Commentary
Never, ever pay an NYC parking ticket, “No Questions Asked.” Always, every time search your parking ticket for misdescribed, omitted, or illegible required elements. They are parking ticket gold.
Park safely.
What if the ticket has become illegible due to rain? It wasn’t until after a long and rainy day that I found the ticket under my windshield wiper. I can’t read the issuer’s name, and the expiration date, and date and time of offense are incredibly hard to make out. However, you can see what the violation is (fire hydrant) because this ticket has bubbles for the issuer to fill in.
Any advice?
EM,
Good morning.
Excellent question.
Common sense would dictate that a blank piece of paper claiming to be a parking ticket should not constitute valid service of process. However, common sense does not live in Parking Ticket Land.
The official parking ticket is found online. The copy you received without legible text is still considered proper service. NYC parking tickets are more powerful than rain.
Sad but true.
Regards,
Larry
What if I cannot find an image of my Nyc parking ticket online
Hi, Linda,
Good morning.
I rarely can’t access a parking ticket image online.
When I can’t, I have to rely on my client’s copy and the
parking ticket details that are always available online.
Remember, handwritten tickets can take 3 weeks to show up online.
Regards,
Larry
Dear Larry,
So my parking ticket finally showed up online. I am from PA and our expiration dates do show up on our license plates with a sticker. But the officer wrote “N/S” in the expiration date field.
So can the ticket be disputed since the expiration did not appear. Please let me know and maybe you will have some business.
Many thanks!
Hi, Linda,
I’m sorry to report that I am no longer answering questions on the blog.
Just a little too much for this old guy to keep up with.
Good luck.
Regards,
Larry
What is required for a plate cover NYC parking summons
Hi Mike,
Good morning.
Here is the rule, 4-08(j)(2):
“No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it. For the purposes of this paragraph (j)(2), New York plates shall not be deemed properly displayed unless they are conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened so as to prevent the same from swinging and placed, whenever reasonably possible, not higher than 48 inches and not lower than 12 inches from the ground, and they are kept clean and in a condition so as to be readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon. New York dealer or transporter plates issued pursuant to §415 of the Vehicle and Traffic Law shall be deemed properly displayed if the one plate issued is placed on the rear of the vehicle as described above. New York motorcycle plates and plates from other states shall be deemed properly displayed if at least one plate is fastened on the rear of the vehicle.
Many times warrior’s issue unjust tickets for plastic plate holders where all the information on the plate is totally visible. As you can see, those types of plate holders are not prohibited by this rule.
Good luck, Mike.
Regards,
Larry
Dear Lary,
Does thus rule apply to out-of-state plates too?
Hi Baruch,
Good morning.
To which specific rule are you referring?
Regards,
Larry
Hi Larry,
You write “The Make of your vehicle must be described exactly as it appears on your NY State registration.” What if the registration sticker says the make is “HYUND” but the ticket says “HYUN”. Is this grounds to dismiss?
Whats the source that the make must be “exactly” as described on the registration sticker?
Hi Dave,
Good afternoon. Great question.
The widely accepted abbreviation for the make, HYUNDAI is “HYUN.” The abbreviation, “HYUND,” may not be the widely accepted “HYUN,” but I’m afraid a parking ticket judge will find that the addition of a “D” is close enough and clearly refers to a HYUNDAI. There may be a situation where spelling matters. For example, where a warrior entered “HUND” for a “HONDA” because that abbreviation is subject to a variety of interpretations.
Your point is well taken and I’ve eliminated the word “exactly” because it was misleading. Sorry for the confusion. Thanks for your help, Dave.
Regards,
Larry
Hi, Larry! It’s been a while.
I was issued a ticket for parking at a temporary construction zone on a block. Though the temporary signs were bent and unclear, I would have otherwise been legally parked according to the “normal” signs.
However, the violation cited is Section 4-08(d), which covers parking sign violations and NOT temporary posted regulations (construction, paper signs, or otherwise), which are clearly only addressed in Section 4-08(a). Since this is a “required element”, I have tried to fight this online. I am waiting for a decision, but have you ever had a ticket dismissed due to the improper NYC Traffic Rule being cited? It is an element that the officer must fill in.
All the best, and thank you!
-Dominic
Hi Dominic,
Good afternoon.
The Warriors generally handle this type of ticket as follows:
-If it’s a general no parking violation, the rule is 4-08(d)
-If the rule is temporary due to construction, they will enter “temporary construction” in the comment section
Did you raise the invisible, unreadable, or confusing sign defense?
Regards,
Larry
Good afternoon Larry,
I was recently issued a ticket for parking 8 feet from a hydrant. Two questions: In your required elements chart, it says that the registration expiration date must be noted. My ticket says “N/A”. Taking into consideration that I have NJ plates, is this still grounds for dismissing the ticket? And this specific hydrant is located on a corner. I parked before the hydrant and before the corner, leaving the hydrant plenty of access. Is there an exception to the 15′ rule in the particular case?
Thank you for your time and consideration.
Hi Michael,
Good morning.
Here’s the scoop about the exp. date…”Expiration Date-The expiration date of your registration must be entered correctly if it is on the windshield or license plate of your chariot. If not, your ticket will be dismissed upon application and proof (a tad more complicated than you would expect).” Sadly, NY does not display the registration expiration date on the plate or windshield. Therefore, the correct entry is “N/A.”
Your burden of proof is to prove that you parked more than 15 feet from the fire hydrant when the ticket was issued. The only exception to the 15′ rule is if a licensed driver remains seated behind the wheel of a passenger car with the keys ready to move on request of a cop, warrior or fire person between sunrise and sunset.
Good luck, Michael.
Larry
Hey Larry, I love your Website!
I’m in a similar circumstance as Michael here, the Right Honourable Warrior did not provide the registration expiration as is prominently displayed on my windshield sticker. What’s complicated about proving this as a fatal omission?
Hi, Andy,
Good morning.
Thank you for the gracious comment.
Great news. Great question.
-Many judge’s wiggle out of dismissing a ticket by stating that a driver didn’t prove the sticker was affixed to the windshield on the date and time the ticket was issued
I anticipate that wiggle when preparing my defense by:
-Certifying that the sticker was on the windshield when the ticket was issued
-stating that it was the law of the state
-Submitting photos of the front of the car, clearly showing the plate number and windshield with the sticker, and close up of sticker
Plus any other evidence that supports the fact that the sticker was on the windshield when the ticket was issued.
Good luck.
Regards,
Larry
Hi,
What is your source (laws) for the required elements? I found the full list of parking laws but would love to dig through the wording on everything that a meter maid (warrior) has to be held to for fu ture reference even if it cant help me today. Can you link it for me please?
I got a ticket for parking on the sidewalk (not blocking pedestrian traffic at all) where I was with my motorcycle and the ticket was treated as if I was not there (no operator was present was listed on ticket) plus the make was missing. I tried to fight it on not following due process and make missing. Not enough proof so found guilty. If I am reading the judges wording correctly I think he was saying that since it was a motorcycle I needed to prove that the make was clearly visable with photo evidence. I plan to appeal but am not sure if it will matter since I didn’t include any pictures the first time around.
Hi. Pobkr,
Knowledge is power and will save you money…Good luck.
Regards, Larry
NYC:
Chapter 39 of title 19 of the Official Compilation of Rules of the City of New York.
§39-02 Notice of Violation (Summons).
(a) Contents. (1) The notice of violation (summons) shall be in such form as may be prescribed by the Director and shall contain the registration plate number, the type of registration, the state of registration, the date of expiration, a description of the vehicle, a general statement of the violation alleged, including a reference to section 4-08 of title 34 of the official compilation of Rules of the City of New York or applicable provision of the
Vehicle and Traffic Law or of the Administrative Code of the City of New York or any other law or rule, information as to the days and hours the applicable rule or provision is in effect, unless always in effect pursuant to the rule or provision and where appropriate the word “all” when the days and/or hours in effect are every day and/or twenty-four hours a day, the date, time and place of occurrence, and, if a meter violation, the meter number.
A mere listing of a meter number in cases of charged meter violations shall not be a sufficient description of a particular place of occurrence of the charged violation.
(2) Where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker of a vehicle is
covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation, provided that such condition is
so described and inserted on the notice of violation.
(3) If any information that is required to be inserted in a notice of violation is omitted from the notice of violation, misdescribed, or illegible, the violation shall be dismissed upon application of the person charged with the violation.
(4) The notice of violation (summons) shall also contain information advising the respondent of the manner and time in which a plea with respect to the violation alleged in the said notice may be entered and information warning that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default
judgment may be rendered.
(b) Service of notice of violation (summons). Service of the notice of violation
(summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name of the person served shall also be inserted in the notice of violation (summons).
(2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place.
Service of the notice of violation (summons) as herein provided shall have the same force
and effect as if personally served.
NY State (and some apply to NYC, too)
See VTL
Here are some links that may be of interest
NYC DOF Rules
Blog Post
NY VTL 238
was given a summons for goinf through a stop sign. summons does not have place of occurrence. is this a golden ticket?
please reply tp ,y email address
johnferrer860@gmail.com
thanks
Hi, John,
Sorry to report my limited expertise is limited to parking tickets.
Regards,
Larry
I was given a parking ticket, I am at fault I admit. It was in New York State (city of Buffalo). But it has out of town plates (Ontario, Canada). Under expiration they put N/A. But it clearly shows a month and year on the license plate of the car.
Is this grounds for dismissal? I went to contest and the judge says they don’t need to put the expiry date but my understanding is they do.. Can someone comment? I also don’t want to pay another $10 to appeal if I have no grounds for appealing.
Hi, Owen,
Good afternoon.
My limited expertise is limited to NYC.
However, you may wish to check out the Buffalo parking rules 307-7.
I think you’re right!
Good luck.
Regards,
Larry
Hi Larry,
I got a parking ticket with my Toyota Sienna which is a mini-van. For some reason on the registration it says SUBN but the warrior wrote VAN. Gold?
Thanks for all your work.
Hi, Pin,
Maybe.
If your chariot was registered in NY State, then the body type entered on the nasty ticket must match the body type on the registration. So, your Toyota is a SUBN (Suburban) “SUBN”
On the other hand, if your Toyota was registered out-of-NY State, then the Warrior’s entry on the parking ticket must only be reasonably accurate. Your burden would be to prove that a “VAN” is not a reasonably accurate description of a “SUBN.”
A tough challenge in Parking Ticket Land.
Good luck.
Regards,
Larry
Location of parking violation: My street cleaning violation summons does not correctly identify the location of the violation — not even the right street. Do I need more than my affidavit as proof? I suspect the office may have retained the location from his previous summons on another’s vehicle; I do not know how the ticket numbers are sequenced to find his previous ticket on line. I made a few intuitive tries, but none worked. Can you help?
Hi, Jimbo,
Good morning.
Believe it or not, arguing the place of occurrence was misdescribed is a tough defense to win. Your affidavit alone is not enough.
I would check the location entered on the parking ticket to determine what rules regulated the place of occurrence. If the rule is different than the rule entered on your parking ticket you win.
The defense would be the rule was misdescribed. You are going to accept the misdescribed place of occurrence and argue that the rule entered on the parking ticket didn’t regulate that location.
Good luck.
Regards,
Larry
I received a parking ticket violation code 68 the fine amount on the ticket is $60 I have googled the VC, it shows fine amount is $65
can it be dismissed because of this?
I’m afraid not, Motty.
Regards,
Larry
I was ticketed & towed for being parked in a taxi zone. Frustrating because when I looked into it there was ONE but only one sign that I didn’t see. I did not know I had entered such a zone because it’s only marked on one side.
The concept of a no parking “zone” marked at only one side (the East end of this one way street) not marked to its West seems just not fair notification to drivers. What is a zone that is not demarcated as such?
Thanks for your thoughts.
Hi, David,
You’ve convinced me, but I’m afraid, a Parking Ticket Judge will be much harder to persuade. They will probably think if you saw a blank sign you should’ve checked the other side of the sign.
Good luck fighting the good fight.
Regards,
Larry
Hi Larry,
I got two tickets in two days for being parked in front of a private driveway. One of the tickets does not have the state or plate type marked. It’s also missing the color. Should I dispute that ticket and not the other? Also, how often does the court just throw out the case and not require you to actually show up in court?
Thanks!
Hi, Emily,
Sorry about your parking pain.
What did the Warrior or Cop enter for that info? NS, NA, or did she leave the box empty?
You are not required to appear in “Court” for a parking ticket. You can fight ’em online, by mail, or can choose to opt for an in-person hearing at one of the Evil Empire’s business offices.
Regards,
Larry
Hi Larry,
I got a $65 no parking street cleaning ticket on my Vespa. The Make field on the ticket was entered as “NS” and the VIN # field is blank. Do you think I have a shot?
Hi, Diana,
Good afternoon.
Sorry about your painful parking experience.
I’ve won and lost these tickets. Technically, a Warrior or Cop is required to enter the MAKE of your Vespa, even if it is not displayed on the scooter. However, some judges will ignore this rule.
I would definitely fight the ticket and take photos to show the MAKE (and/Or Model} name displayed on the Vespa).
Good luck, Diana!
Regards,
Larry
Hi Larry,
I received a VC37 expired meter ticket and the warrior put all the correct information except she forgot to put down Y in the operational section. Is this omission enough to get the ticket dismissed. If Yes, is their a law I can quote to the judge that says it has to be filled in?
Thank you for all your help, you are the true warrior here.
Hi, Adam,
Thanks, I’m blushing.
Here’s the scoop with the ‘Y’
I believe that ‘Y’ is a crooked letter and a required element on a VC37. However, the last time I raised the defense, sadly I lost. And, the client decided not to appeal.
If it were me, I’d give it a shot and fight the stupid ticket.
If you do, please let me know the outcome.
Regards,
Larry
PS…I don’t have an appellate division case for you to use to support your defense.
Thank you Larry for your advice. If I may ask one more question please.
My original ticket expired at 12:10(time 1st observed) and she issued me the ticket at 12:16, When I saw her issuing me the ticket I purchased a new one with a a start time of 12:17, one minute after time of offense. Do you have a 5 minute grace period to buy the ticket after it is issued when it comes to expired tickets as well? And if it is also questionable, which defense do you think has a better chance at getting dismissed, the missing Y, or this last one?
Thanks again, you are my hero!!
Hi, Adam,
Kudos for the hard work you are putting in to prepare for your dispute.
You have 5 minutes to move your chariot from the moment your time first expired at 12:10 pm. The 5-minute grace period starts when your time expired at 12:10 pm. A Warrior cannot legally issue a ticket until 12:16 pm.
If a driver purchased time starting between 12:10 to 12:15 pm, the 5-minute grace period would apply and you would have a winning defense. Sadly, your time didn’t start until after the 5-minute grace period expired.
Great question.
Regards,
Larry
Hi Larry,
Great blog, and really informative!!
Got a parking ticket and everything is correct but the exp. date says N/S-Rain. Can I fight this?
Hi Shea,
Good morning.
My view is that “N/S-Rain” is a ridiculous entry and I always fight the ticket. Most of the time I win, but a few rogue judges have found my client guilty. Hogwash!
Rain does not excuse a Warrior or Cop from entering an expiration date when displayed on the sticker, plate or windshield.
Good luck.
Regards,
Larry
Thanks!
Is just a picture of it good enough of proof?
Thanks,
Shea
Hi Larry,
I won the ticket!!
Thanks for your help! Hopefully I won’t need it again! 😉
Shea
Hi,
Just an interesting one for you to ponder. Vehicle (motorcycle) parked between outdoor dining pavilion and orange plastic “Jersey” barrier. Ticket under Sec 4-08(1)(3)(ii) “in a commercial loading zone. Will make argument that Loading zone ended at Barrier!! What do yo think?
TIA
Hi Dr. Al.
I love it when you come up with a defense argument.
I’d like to take a look at the ticket. Can you email me your plate number or 10-digit summons number (to larry@newyorkparkingticket.com)
Looking forward to your reply.
Regards,
Larry
Hi Larry
Got an ASP ticket. The place of occurrence is incorrect. The address listed does not exist. Is this a grounds for dismissal?
Hi FM,
Good afternoon.
You are a winner!
Kudos for doing your homework and finding a misdescribed place of occurrence.
How do you intend to prove the place of occurrence doesn’t exist?
Regards,
Larry
Hi Larry,
Not sure if you are still responding to comments here, but I have found your site information helpful and thought I would give it a try.
I’ve had my first stroke of parking bad luck and got my first two tickets recently. I was ultimately in the wrong with the violations and accept my fate paying them, but just want to double check if a few issues with data in the tickets are worth appealing for dismissal.
First ticket was a fire hydrant violation. The same old tale: “I live on the block, people constantly park there, traffic cops usually walk by these unattended vehicles and don’t ticket, so I thought it was an ok spot at this point. I know these are not winning defenses. However, the ticket says “Exp date: N/A” and in the complainant’s comments it says “No expiration date displayed on plate or elsewhere.” I have NJ plates (listed correctly in the State section of the ticket), so the expiration date is clearly stated on a sticker on my front windshield rather than the plate. The violation is only for being near the fire hydrant, not anything about expiration dates, but is there a chance that the lack of this data and the complainants comment in the ticket despite clear presence of that information would count for dismissal?
Second ticket was for not being present during street cleaning, issued at 9:10am (alarm didn’t go off and I overslept, unfortunately got there only minutes after the ticket was issued). All info on the ticket is correct, except that the violation reads “No Parking Street Cleaning, DAYS/HRS: TU/TH 9:00AM-10:30AM”. The street cleaning sign for that street is actually Tuesday / Friday, not Tuesday / Thursday as the ticket erroneously states. I should note, the violation was on a Tuesday, so I’m still in the wrong there, regardless. But just want to check if this reporting error would invalidate the ticket.
Ultimately I was in the wrong despite whatever circumstances, and they got me. I accept paying the tickets. Not looking to cheat the system. Just wondering if any of this falls within the parameters of the info you’ve listed about what correct data is required in a ticket. Not sure if you have experience on how a judge has ruled on these discrepancies before. If not, I can be a test case and report back. If I can’t get these tickets dismissed, at least I’ll be more informed in the future with your helpful info.
Thanks!
Julie
Hi Julie,
Good afternoon.
Meanwhile, congratulations on your amazing streak of good luck!
Firstly, registration expiration date is a required element. However, NJ vehicles do not display the registration expiration date on the windshield. You may be referring to the vehicle inspection date expiration. Sorry.
Next, I would fight the evil ticket and raise your second defense (GREAT CATCH!). A warrior or cop must enter “the days/hours the posted sign is in effect (unless in effect 24 hours).”
Most importantly, please be sure to present the proper proof, properly:
-I would search for the place of occurrence on the NYC DOT Parking Regulations Map and take some screen grabs showing the rule that regulated the place of occurrence.
-Likewise, I would also include some “live” photos of the sign and it’s location.
Your diligence will pay off! Nicely done, Julia.
Please share the good news with us when the ticket is dismissed.
Regards,
Larry
PS…Just a heads-up, Julie. Some rogue judges may still find you guilty because the day in question is a Tuesday and the violation occurred on a Tuesday. However, that is not the rule, even as interpreted by the Evil Empire.
Hi Larry,
Thanks so much for your great blog!
Is it possible this parking ticket has a mistake that could get it dismissed?
My registration sticker had expired, so I renewed it online. I printed out the temporary registration and displayed it correctly on the dashboard as instructed, along with keeping the old registration sticker on the windshield.
The ticket was for ASP Street Cleaning, not for Expired Registration, so my temporary registration seemed fine. But the warrior wrote (or scanned) my expired Expiration Date from the windshield sticker instead of the current Expiration Date from the paper temporary registration.
I have proof of when I renewed and printed the temporary registration which was prior to the ticket. Would this be a defective ticket because the warrior failed to write the correct Expiration Date from the temporary registration?
How would you go about this ticket? Please let me know.
Thanks!
Joe
Hi Joe,
Good afternoon.
You’re a winner! But, please be sure to present the proper proof, properly. In other words, you must persuade the judge that the paper temporary registration was clearly displayed.
Let us know the outcome, Joe.
Nicely done.
Regards,
Larry