Last Updated on September 4, 2016 by Lawrence Berezin
Where NYC parking rules live
Be on the look-out for NYC parking rules because ignoring ’em will cost you beaucoup de money. You’ll find rules and regulations that relate to parking:
- On parking signs
- On roadways
- In Title 34 Chapter 4 Rules of the city of New York
- In Chapter 39 of title 19 of the Official Compilation of Rules of the city of New York
- In Subchapter 2 of chapter 1 of title 19 of the administrative code of the city of New York
Here are some noteworthy rules you should know about
1. Title 19 §39-08. Hearings
(e) Substantial evidence required. No charge may be established except upon proof by substantial credible evidence.
[This is the burden of proof required to find you guilty of a parking violation. The burden of proof never changes and it always stays with the Evil Empire. However, if all the required elements are described correctly on the parking ticket, the burden of going forward with the evidence shifts to you and I. For example, if you are charged with a no standing violation and do not find any omitted, misdescribed, or illegible required elements, the burden shifts to us to prove that we stopped temporarily to drop off or pick up a passenger and immediately drove away].
(h) Subpoenas. The hearing examiner may, in his or her discretion, or at the request of the Respondent on a showing of good cause and need therefore, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation or of other persons to give testimony, and may issue a subpoena duces tecum to compel the production for examination or introduction into evidence of any book, paper or other thing relevant to the charges alleged.
[You have the right to ask a judge to subpoena the parking ticket warrior to testify at your hearing. But, our burden is to prove good cause and need to have the warrior at the hearing. Rarely, if ever, will your request be granted by a judge. And, there is case law that supports the judge’s refusal to compel the appearance of a warrior. In other words, fugetaboutit].
2. Title 19 §39-10 Decisions and Judgments
(d) Default judgments.
(1) Where a respondent has failed to plead within the time allowed or to appear for a hearing, or on any later adjourned date, a default judgment sustaining the charges, fixing the fine and, in proper cases, assessing penalties and fees, may be entered against said respondent.
[The time allowed is 100 days from issuance of the parking ticket. Please note the phrase, “may be entered against said respondent.” I have found from time-to-time that 100 days have passed by a default judgment has not been entered against my client. If you have a winning defense, submit it immediately before the Evil Empire wakes up and enters a default judgment].
(2) Before such a default judgment is rendered, the Bureau shall notify the respondent by such form of first class mail as the Director may decide that a violation is outstanding, of the impending default judgment, and that such judgment may be avoided by entering a plea or making an appearance within thirty days of such notice. Failure or refusal to accept or claim such mail shall be deemed adequate notice for purposes of penalties and entry of a default judgment against the respondent.
[This language is mandatory and relates to residents of New York. If you don’t receive such notice and default judgment is entered, you may wish to raise it as a reason to vacate the judgment (if you have a winning defense).
(e) Non-residents.
(1) Notice of an impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the State of New York.
[NYC is not required to notify non-residents of New York of pending default judgment].
3. Request for Hearing after Judgment
If you do not pay or dispute your ticket within about 100 days, it will go into judgment. This means the City takes the legal step of entering a default judgment against you for the entire amount plus penalties and interest. Your name is entered into public court records stating that you owe the debt. The City can take steps to collect the debt, such as sending your debt to a collection agency or seizing assets. If you have more than $350 of tickets in judgment, your vehicle could be booted or towed.
You can ask a hearing for a ticket in judgment only if it is less than one year from the date the ticket went into judgment. You will have to fill out a form (Request for Hearing after Judgment) and make a formal request asking for a hearing after judgment. A judge will decide whether to grant your request. For the judge to grant your request, you must prove that you have a valid defense to the violation. You must show excusable neglect and a meritorious defense to the parking violation. For example, you may be able to prove excusable neglect if you were kidnapped by aliens, fell into the Hudson River and stayed there for more than a year. Or, watched the NY Yankees play ball this season. Otherwise, fuggedaboutit.
Commentary
There may not be any rules in a knife fight, but there sure are plenty of rules governing parking in New York City. Learn how to use them to keep your hard-earned money where it belongs…In your wallet. For example, Don’t let a parking ticket live under the front seat of your chariot for 100 days or more. It falls into judgment and makes it nearly impossible to dispute.
Knowledge is power…Use the rules wisely.
What do you recommend, not that everything on the ticket is correct?
I should try proving that I dropped someone off? And if so how do I do that. What’s my next step. This isn’t first ticket don’t know exactly how to deal with this.
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles