A Texas couple got an NYC parking ticket
What’s so unusual about that?
Their car was never in NYC Parking Ticket Land, never, ever!
What did the Texas couple do?
They received a notice in the mail from the Evil Empire stating they owed a fine for a parking ticket. They requested a hearing to dispute the NYC parking ticket and submitted a bunch of evidence to prove their defense. Can you guess the outcome? Yup, guilty.
So, they appealed the unjust decision. Guess what happened. Yup, it was groundhog day in Parking Ticket Land. The unjust decision was affirmed by the appeals panel.
NBC to the rescue
NBC contacted the Evil Empire, who promised to investigate. The results of the investigation were that a data entry clerk made a mistake. The clerk clicked Texas instead of NYC for the State of registration for the chariot that received this parking ticket.
The Evil Empire refunded the money with a letter of explanation.
Was justice delayed, justice denied? You betcha!
From the simple to the oppressive
I was contacted by a wonderful guy from Maryland, whose plate was issued 94 NYC parking tickets. However, his car was never in NYC.
Herschel originally owned the plate in question but it fell off his car. Unfortunately, he didn’t notice it was gone for some time and never reported the plate missing or stolen to the police.Subsequently, the missing plate turned up on two different vehicles 94 times and issued parking tickets for a total of >$10,000 in parking fines.Click To Tweet Herschel began receiving letters from the Evil Empire asking for their money and threatening all sorts of bad things if my he didn’t pay-up.
Herschel asked me for some help. I fought all 94 tickets.
Some were easy because the judge accepted our evidence as true:
Some were the opposite of easy because the judge wasn’t convinced that Herschel didn’t attach the plate to these other two cars and park illegally in NYC.
We had to hire a private investigator to search the DMV for the “new owner” of Hershel’s Maryland plate (and we found the bad guy). And, Herschel had to personally appear in NYC for some of the tickets.
Here’s one such appeal from a guilty verdict. Fortunately, the appeals panel reversed the original judge and dismissed the nasty ticket.
Click on the link below to read Larry’s successful appeal.
Simple, right? Mistakes happen, right? All is well that ends well, right?
Although we beat about 75 tickets on the first try, there were still 19 tickets that we had to go on a costly treasure hunt to find the proof to satisfy each different judge.
1. The Evil Empire should publish a list of evidence they will accept to prove the negative that an out-of-state chariot was not in NYC when a bogus ticket was issued
This is one of the best-kept secrets in Parking Ticket Land. How do I prove my car wasn’t in NYC on the date-time the unjust ticket was issued? Proving a negative is difficult enough but why make it a guessing game, especially since you’re asking people from other states to figure out the Evil Empire’s unique system of justice?
Why should it be necessary to request help from the media or our Congressman?
Remember, NYC has jurisdiction to issue a parking ticket because you “consented” to jurisdiction by driving your car in NYC. But, since these cars were never in NYC, the out-of-staters never consented to jurisdiction. It is, in essence, an invalid exercise of jurisdiction, an invalid parking ticket, and grabbing money that does not belong to NYC.
I urge the Evil Empire to compile a list of items they will accept to prove this negative. Otherwise, taking money from the out-of-staters is really highway robbery.
Here are some more things to add to the Evil Empire’s to-do list.
2.The quality of the proofs count
I’ve received many inquiries from people from all over the country asking for help with their NYC parking ticket when their car was never in NYC. Generally, I’m asked to intervene after our friends fought the ticket and lost.
The first thing I usually find is that the proof was directed to show the driver/owner’s whereabouts on the date and time the parking ticket was issued. Bad idea! It’s not about where you were, it’s about where your car was.
- Did you drive your car to work and pay for parking? If so, offer proof of payment with your story
- Were you home all day and your car never left your garage? Tell your story and prepare a witness statement from your spouse to go along with your certified testimony
- Did you go shopping in your state on the date and time your car was supposed to be illegally parked in NYC? If so, tell your story and submit proof of payment
- Think about the evidence you need to submit instead of laughing and assuming the Evil Empire will do the right thing and dismiss the ticket
A 5-Question Parking Ticket Quiz. Are you up to the challenge?
Latest posts by Lawrence Berezin (see all)
- Should NYC Car Sharing Cars Share On-Street Parking Spaces? - July 30, 2018
- A Common, Costly NYC Parking Ticket Mistake to Avoid - July 16, 2018
- Should NYC Employees be Permitted to Violate Parking Rules? - July 9, 2018