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.
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.