Last Updated on September 18, 2023 by Lawrence Berezin
Avoiding an NYC parking ticket on a dark, dank, dreary day in New York City
An NYC parking ticket tale. You spent 20 minutes circling the block, hoping to find an on-street parking space. And then, a miracle of miracles. You spot a driver pulling out of a parking space in the distance. Meanwhile, with the grace and power of a NASCAR driver, you win the race to the parking space and navigate it flawlessly.
A small part of your vehicle extends into a bus stop zone. Subsequently, you exit your car, walk to the parking meter and your world crumbles. You feel lucky, so you leave your car in the parking space.
Upon your return, the iconic orange envelope is waiting for you.
In short, you parked in the bus stop zone and violated Code 19. Is there any way out of this mess?
The Form and Content of the Notice of Violation (Summons)
This dreaded orange epistle is commonly referred to as a NYC parking ticket.
Notice of Violation,
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 34 RCNY § 4-08 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 particular 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.
Plate type and registration expiration date may be omitted,
Where the plate type or the expiration date is 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 described and inserted on the notice of violation.
Dismissal of Violation,
If any information that is required to be inserted in a notice of violation is:
-omitted from the notice of violation,
the violation shall be dismissed upon application of the person charged with the violation.
Default Judgment, (a)(4)
The notice of violation (summons) shall also contain information advising the respondent of the manner and time in which a plea concerning 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.
Meanwhile, you carefully inspect the front of your parking ticket, and your luck changes. The warrior misdescribed your registration expiration date. You win.
I suggest you proceed as follows:
- Firstly, plead “not guilty.”
- Secondly, prepare a separate letter, and write that you respectfully request a dismissal of your parking ticket because the warrior misdescribed a required element.
- For example, the correct date of your vehicle registration is 1-1-10, but it was inserted in your parking ticket incorrectly as 1-1-12
- Thirdly, enclose a copy of your vehicle registration and a photo of the registration sticker attached to your windshield.
- Finally, mail your letter and your vehicle registration by certified mail, and return the receipt requested to the address on the back of your parking ticket, which is: NYC Department of Finance, Hearings by Mail, PO Box 29021, Cadman Plaza Station, Brooklyn, NY 11202-9021.
- As a result of your thoughtful and persuasive defense, you will receive a written notification in the mail from the Department of Finance approximately 75 days after your dismissal (unless it is a handwritten ticket, which will take longer).
Larry’s recommendations continue.
Or, You can dispute the evil parking ticket at an In-person hearing at a nearby Business Finance Center without an appointment (Monday through Friday, between the hours of 8:30 a.m. to 4:30 p.m.)
That was easy. But what happens if there are no missing, misdescribed, or illegible required elements? If you are correct, then fight your NYC parking ticket. If not, apply for a reduced fine. (sadly no longer available).
Another comment from Larry
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