Last Updated on October 29, 2022 by Lawrence Berezin
NYC parking ticket Appeal
Joe temporarily double-parked in front of his home to drop off his wife, Carolyn. However, in a NY minute, a parking ticket warrior walked to Joe’s car, raised her scanner, and fired an invisible beam of light at his registration sticker. She handed Joe a dreaded NYC parking ticket for double parking.
In other words, an invisible beam of light costs Joe $115.
Consequently, Joe researched the NYC parking law and learned that stopping temporarily to drop off a passenger and immediately driving away is a defense to double parking (the minority view but still winnable). Joe pleaded not guilty, prepared his certification, and his wife wrote her witness statement.
After that, our hero submitted his defense online to this serious parking high crime and misdemeanor.
Subsequently, the hearing officer found our guy guilty because Joe’s argument wasn’t persuasive. Joe knew he was right, so he appealed the original judge’s wrong decision.
Knowing the rules governing an NYC parking ticket appeal and how the process works before embarking on your NYC ticket appeal is critical.
NYC parking ticket appeal process
-You must complete an application for an appeal.
Firstly, here’s the download link to the application to appeal. I suggest writing your persuasive argument that the original judge made a mistake of law or fact on a separate sheet of paper and attaching the document to the application for appeal as an Addendum to Section C. Space on the application is insufficient and ill-suited for writing your argument.
-The following is a list of documents you must attach to your appeal application:
- The original judge’s flawed decision
- Original defense statement and
- Exhibits
-Above all, the burden of proof on appeal is to persuade the appeals panel that the original judge made a mistake of law or fact based on the evidence you offered, and you cannot provide new evidence on appeal.
-The Evil Empire will not consider your appeal unless you pay your parking fine (bah humbug!)
-The Adjudication Division must receive your application for appeal and supporting documents on or before 30 days from the original judge’s decision (the date the judge signed the decision. Not the date you received it). Although a judge may extend this time in the “interests of justice,” it is doubtful that you will qualify for this extension.
Larry’s 4-tips about writing your appeal
- Your argument should be respectful and focused directly on a mistake in the law or facts.
- Don’t simply regurgitate your argument to the original judge
- Keep your emotions to yourself. Your anger and ranting will not enhance your chances of success.
- You cannot submit more evidence. You can only refer to evidence you submitted at the original hearing.
Larry’s Hints:
-You should respectfully refer the Appeals Panel to:
- The specific rule of law that you claim the original judge misapplied
- The facts support your argument, such as that you dropped your wife off at your residence. that is to say, make sure you present proof of residence
- The reason why you were dropping off your wife at that hour of the day
- Corroborate material facts whenever possible. (For example, you should submit your wife’s statement corroborating your testimony)
–Be persuasive! By that, I mean do not merely parrot conclusions. Judges like facts, not conclusions. It would be best if you led the Appeals Board to the “right conclusion” by submitting sworn facts that allow the Appeals Board to reach the only reasonable decision
-The appeals panel will hear your appeal on the papers unless you specifically ask for an in-person hearing. You must ask for an in-person hearing by checking the appropriate box on the application for an appeal.
-You will find the appeals rules in Title 19, Chapter 39, Section 39-12.
I prepared the following appeal and won!
The original judge made mistakes of law and fact when reaching her guilty verdict.
Therefore, the appeals panel should reverse the decision.
I raised the following defenses at my original hearing:
“Dear Honorable Judge,
I certify as follows:
I plead not guilty to this parking violation because of the TEA:
-Omitting the registration expiration date
-Misdescribing the place of occurrence
Florida law requires the month-year registration expiration to be displayed on the plate. I complied with the law and said on my plate the month-year my registration expired. But, the TEA entered “NS” instead of “4–17.”
The TEA entered the place of occurrence as:
“Opposite 139 Buffalo Avenue in Brooklyn.” This entry does not unambiguously describe a unique location.
I have submitted a series of exhibits in support of my defenses.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-I certify that my testimony is the truth to the best of my knowledge and fully understand that if my testimony is willfully false, I am subject to punishment
-Further, I certify that the images and photographs contained in the exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued”
Respectfully submitted,
Lawrence Berezin
The original judge found me guilty because:
“The respondent has been charged with violating Traffic Rule 4-08(d)(1) by parking a vehicle in violation of officially posted street cleaning rules.
The claim of a defective summons is unsupported by the evidence submitted. The summons was executed in compliance with all prima facie requirements mandated by New York State law to describe an out-of-state registered vehicle. “N/S” is indicated for the expiration date, which is legally sufficient for a vehicle not registered in NYS. Also, as per NYC map records,
the place of occurrence is a valid location.
Accordingly, the violation is sustained.”
Argument
The original judge exhibited a bias in favor of the respondent by her failure to:
–Apply the entire rule, including subsection (2), to the facts of this case and engage in a thoughtful, fair-minded weighing of all the credible evidence when reaching her decision
§39-02 Notice of Violation (Summons).
(a) Contents.
(2) 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 car 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 information of violation. [emphasis added]
The original judge ignored the certified evidence that my registration expiration date (month and year) was displayed on my Florida plate on the date/time this parking ticket was issued.
Further, the original judge offered no reason she found the NYC Property Map record and the NYC DOT Parking Regulations Map record unpersuasive. Both papers showed the place of occurrence was not a valid location.
I presented substantial certified evidence that was not patently incredible in support of my defenses. (See Young v City of New York Dept. of Fin. Parking Violations Adjudications 2007 NY Slip Op 51460(U) [16 Misc 3rd 1117(A)] Decided on June 13, 2007, Supreme Court, New York County Goodman).
Please right, this wrong and dismiss the parking ticket.
Respectfully submitted,
Lawrence Berezin
Commentary
To clarify, here’s the way I feel about appeals. Most importantly, just because a rogue judge decided my client was guilty doesn’t mean the judge was right. When this happens, I’m pretty sure the judge was wrong. Indeed, it doesn’t change my mind about the viability of my original defense.
Therefore, I appeal to all cases. My client deserves a fight to the finish. And, sometimes, it takes two bites of the big apple to win some parking ticket justice (I do not charge a fee to appeal a wrong decision).
How about you?
I am angry and would like to do something about it-i.e. how to proceed.
The problem is always that to proceed costs so much money so the DOF acts in a way getting away with shoddy practices and incompetent adjudications. Even if I don’t have my case reversed but the disingenuous behavior of the DOF’s adjudication and appellate process is uncovered, this would be compensation enough.
Here’s the story:
Back in February 2014 at 1:28 PM I was issued a ticket for “VC 38” with complainant’s comments “12 hr receipt on a 2 hr street.”
I pleaded not guilty with the following explanation:
The muni ticket was purchased at 8:30 AM, expecting to be there for my usual time until 6:30 PM. I was unexpectedly called to an appointment, and moved my car at approximately 1:15 PM and parked around the corner for a cup of coffee and bagel, at the 2 hr. meter, thinking I was “covered” by my muni ticket . Returning to my car 30 minutes later, the ticket was issued.
The disposition by ALJ Busch, dated 3/1/14, stated:
The respondent has been charged with violating Traffic Rule 4-08(h)(10) by permitting a vehicle to be parked in a dspace controlled by a Muni-Meter in excess of the amount of time indicated on a receipt or tag purchased from such machine, or failed to display such a receipt or tag at municipal on-street or off-street parking spaces where indicated by posted signs. Respondent did not present a muni-meter receipt. Dismissal was not warranted.
As is clear, the disposition has nothing to do with the facts stated by the complainant. there was displayed a muni-ticket and thee time did not expire. I paid the fine and immediately appealed on 4/1/14.
I advised in my appeal that “it is upsetting that the ALJ is totally unresponsive to both the facts and my defense…” I went on to show how I was not guilty by the complainant’s own admission of the facts, and as a matter of law.
No adjudication of my appeal took place for over ten months. I had to call this to the attention to the DOF three times during this period. I finally received a correspondence that since I paid my fine timely and appealed timely I am entitled to a disposition of my appeal.
Shortly thereafter I received the following disposition, dated 4/15/15– over a year after the original submission of my appeal:
Upon review of the entire record before us, we find no error of fact or law. The judge’s decision is upheld. It was signed by three ALJ’s
The record on appeal could not possibly have caused such an appellate decision to have been issued. It is a farce.
What should I do?
Bob,
Good afternoon.
I really feel bad about this nightmare of a journey.
What was the forum (in person, by mail, online) for the original fight?
What evidence did you submit at the original hearing?
Looking forward to your reply.
Regards,
Larry
I am so grateful for your immediate response. My initial defense as were all steps in the process, was by mail.
I have retained a complete record. Should I attach a scan of it?
Bob,
Great.
Send it to:
larry@newyorkparkingticket.com
I’m happy to take a look.
Regards,
Larry
Larry,
I attempted to fight a hydrant ticket but was found guilty. Here are the facts:
I parked an out-of-state (PA) car about 8 feet away from a hydrant. The ticket seem to list out everything correctly, including the location of occurrence, except for the plate type. It is noted as N/S or not showing. What I told them is that I do not believe that it was noted appropriately since according to the law, the officer should have added a comment in the description that the car was registered to a different state and hence the reason why they used the N/S notation. In the hearing, they told me that it is operating procedure to put down N/S when an out of state vehicle is the subject of the parking violation.
Do I have grounds for winning in an appeal if the officer did not mark the reason why they put down N/S as the plate type in the description section of the complaint?
Regards,
Joe
Dear Joe,
Good morning.
Sorry about your loss.
Great argument, by the way.
I just lost a fight for the same reason.
Out-of-state plate…N/S entered for plate type.
I argued that the law requires entry of 5 mandatory elements, including plate type.
There is no distinction permitted for NY versus out-of-state vehicles.
I appealed this bad decision and awaiting a decision.
I would appeal it based upon a mistake of law.
Include your original argument and my above argument.
I suggest citing the Wheels case & Ryder case.
Good luck.
Please let us know the outcome and I will do likewise.
Regards,
Larry
Good morning,
Great! Thanks for the advice. I’ll appeal and let you know the outcome.
Regards,
Joe
Sir,
What if in my case there is alternate side paking(for example in my case it is 9:00 am to 10:30am) I double park since there is a cleaning and that is what others do to double park for the time being. Then I know it is already 10:30 and headed outside my house and seeing an officer citing my car a ticket for double parking but it is exactly 10:30 but she said it is 10:32 and the ticket says is 10:31 to I am a minute overdue to the asp. when I pleaded not guilty they still sustain the violation. I want to appeal with the said violation. can you advice me what to do?
thanks!!!
Mark,
Good morning.
You fell into the social proof, all my neighbors do it so it must be legal defense.
It doesn’t work when the sleeping crocodile wakes up and bites you.
You may wish to check out this blog post for the answer to your question.
https://newyorkparkingticket.com/can-you-double-park-on-street-cleaning-days/
I would check for omitted, misdescribed, or illegible required elements.
If you find one or more, you win upon application.
Good luck, Mark.
Regards,
Larry
I received a parking ticket for not having a muni receipt so I disputed it by web with a copy of the muni receipt attached & I received a reply that they didn’t receive any thing attached & I tried to go back & send evidence again i can’t because it was disputed already. what can I do? thank you!
Hi Yitzchok,
Send in the missing MM receipt by mail to the same address as hearings by mail.
Good luck.
Larry
My car was towed and ticketed last week totaling $300.00. The ticket described my CSR as a red 4 door sedan it is a definite sun burst orange SUV. I disputed the ticket and lost. Does it pay to appeal?
Pamela,
Good morning.
The Evil Empire seems to be on a feeding frenzy by refusing to dismiss parking tickets that misdescribe the body type. All of a sudden in Parking Ticket Land, it seems like an SUBN (SUV) is the same as a 4DSD.
First, that’s silly and second, it’s a scam. A 4DSD is a sedan and an SUBN is a 5 door vehicle with a back seat that folds down to allow transportation of stuff.
If it were me, I’d appeal. Here’s a link to an appeal I just filed for a client and won.https://newyorkparkingticket.com/in-parking-ticket-land-two-wrongs-make-a-right/
Good luck.
Best,
Larry
While visiting NYC from Florida my son in law parked my car in a no parking zone for 15 minutes and we came back to the car with a boot on it. We immediately went to the towing pound and paid $185 to have the boot removed (2 hours later) and now I received a $60 parking ticket for the same offence that NYC says is unpaid and is now $70. I have appealed the ticket as I have already paid the fine, ($185) I don’t think the tow pound would release my car if the ticket was unpaid, I lost the appeal as they said there was a no parking sign at the street corner, (not the reason for my appeal) and I have appealed their decision and lost with the reason being the judge’s decision was correct. (??). I paid the fine, why can’t I get this dismissed? Why should I pay 2 times for the same offence?
Walter,
Good morning.
Sorry about your parking distress and stress.
I despise boot/tow for parking violations.
It’s like cutting off a hand for stealing a loaf of bread.
A boot is not a parking violation. it is attached to your wheel as
punishment for getting a parking ticket. What that means is you
are spanked with a charge to remove the boot ($185) and spanked with a fine
for parking illegally ($60). If you beat the parking ticket, your
boot charges are refunded.
The process involves persuading a judge first or appeals panel next that
you parked legally by submitting the proper proof, properly to beat the
ticket.
I am very sad to report that you are required to pay the boot charge
and parking ticket fine (they are separate charges), unless you beat the parking ticket.
Regards,
Larry
Thank you for the information. That explains why I have an outstanding parking ticket. I always thought getting a boot attached to you car was so you would pay outstanding parking tickets not for punishment for getting a parking ticket.
Dear Larry,
I love your blog. Is there anywhere that I can find the law regarding what is considered parking in a marked crosswalk? I read your blog about “Joe”, but that was an unmarked crosswalk. I received a ticket when my tires were clearly way out of the crosswalk, but an inch of the bumper extended over the white line. I can’t seem to find any actual law as to the definition of being parked in a crosswalk. I did the online dispute and the judge said Guilty, because no part of the car can extend into crosswalk. Is it worth it to appeal? Can you point me to any cases or law?
Thank you!
Dear Ahron,
Good morning.
So sorry you lost your crosswalk fight.
First, here are the rules:
4-01 Definitions
Crosswalk.
(i) Marked cross
walk. That part of a roadway defined by two parallel lines or highlighted by a pattern of lines (perpendicular, parallel or diagonal used either separately or in combination)
that is intended to guide pedestrians into proper crossing paths.
(ii) Unmarked crosswalk. That part of a roadway, other than a marked crosswalk, which is included within the extensions of the sidewalk lines between opposite sides of the roadway at
an intersection, provided that (A) the roadway crosses through the intersection rather than ending at the intersection, and/or (B) all traffic on the opposing roadway is controlled by a
traffic control device.
4-08(e)(5) Crosswalk.
Stopping is prohibited in a crosswalk.\
I don’t know of any authority that identifies which part of your car (wheels versus bumper versus hood ornament) triggers a crosswalk violation.
I’ve always advised that if any portion whatsoever of your chariot breaks the plane of a marked crosswalk, you’re toast (I’m a big Giants fan so I use the breaks the plane of the goal line football analogy). I’d rather be safe than poor.
Crosswalk violations are very difficult to beat because the proper proof can be elusive. Pictures don’t work because the judges will argue we’ve moved our vehicle.
Best,
Larry
PS…Here’s a link to the rules
http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf
Thanks!
You are awesome!
Ahron,
I’m blushing.
Thanks for your kind comment.
Regards,
Larry
Hi Larry. I work part time for a public city school and they give me a parking pass showing the school name (PS/ISxxx) and approved by the principal. I had this pass on my dashboard a few weeks ago and as I was walking back to my car, an officer was hovering over it and writing a ticket. I asked why he would do that when I had a parking pass from the school, but he said the pass wasn’t good for the street (then why did the school give it to me?) and was supposed to be for parking behind the school. Not sure what his authority was for saying that – it is a parking pass issued by a public school.
Anyway, this happened to me once before and the ticket was dismissed. This time, the ALJ didn’t dismiss it and said that “a non-governmentally issued authorization does not bestow on-street parking privileges. Upheld.” Since when is a public NYC school “non-governmental”? How come once the judge said I could park there and the second time said no, I can’t, because a public NYC school isn’t a government agency? Also, the officer didn’t check the box saying I was present, under penalty of perjury when in fact I was present – I discussed my permit with him while he was writing the ticket?
Dear HV,
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/
Hello Larry,
I have an issue with a parking ticket that was not placed on my windshield. I receieved a letter in the mail informing me that the ticket would be due soon, but had no idea there was such a ticket. I disputed and lost. I claimed that their was no ticket and that there was no address or cross streets listed on the ticket. I also claimed that my car was not parked there at the time, but I honestly have no proof! What else can I do?
Tahisha,
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/
Hello Larry,
Last week my wife was hospitalized at Sloan on York ave. in Manhatran. I went to visit her and parked on 68th St. Near other vehicles and in front of a construction lift/crane type vehicle. Upon returning to my car I was issued a ticket for parking in a no standing zone. I fought the ticket stating that the construction vehicle had obstructed the view of the no standing sign and the judge still found me guilty. I am very perturbed about how an obstructed sign could still cause me to be guilty? I submitted a photo of the vehicle as a defense, but can only assume that I took the picture from an angle that did not show the obstruction of view from the sign. I would like to know if I should appeal this decision and what chance do I have to be successful?
Thank you fire taking the time to read this.
Sincerely,
Charlie
Dear Charlie,
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/
Larry,
I hope you can help me. I received a parking ticket for not having a paid slip from the muni meter. I am handicapped and had my placard readily displayed from my rear view mirror. I am also not from NYC so I don’t have a NYC placard. I appealed the ticket timely but was never sent a decision. Now 4 months later, they are sending me a Notice of Judgment Enforcement. I have been advised to appeals the judge’s decision which I still haven’t seen. Do you still have to pay the muni meter in NYC even with a handicap placard? I have never had to anywhere else so I am just curious if I have a case?
Thanks
Hi Larry-
I went to visit a friend at Mount Sinai Hospital on a Sunday morning (no good deed goes unpunished) and found a parking spot in a legal spot. (Ironically, I was a bit concerned it was borderline close to a hydrant, but a parking enforcement car was driving by and I waved it down and asked if it was okay, and the guy told me it was definitely fine.) I returned to the car about 45 minutes later to find a parking ticket for $95 dollars, not for being too close to a hydrant, but rather for parking in an “authorized vehicles only/ Access-a-Ride Zone”. I was actually 2 spots behind the sign (i.e. not in the restricted zone at all) and the car in front of me – also not in the restricted zone – as well as the car behind me which was behind the hydrant, and therefore 4 -5 spots safely behind the access-a-ride sign/zone also got ticketed for the same thing. I took several picture on my phone clearly demonstrating the position of my car in respect to the sign as well as the ticket on the windshield of the car in front of me (again- he was also legally parked even though he was closer to the restricted zone than I was). The verdict came back “guilty” because my “undated” photos did not prove when they were taken nor where -I was nowhere near a corner so it was impossible for me to show in the photo both my car and a street sign. I had incorrectly assumed that my description/written dispute testimony would stand as evidence affirming the accuracy and honesty of the photos. I have since figured out on my phone how to bring up the attached information including GPS location (and google map diagram) as well as date and time it was taken. Can I attach that photo data information (I’ll take a screenshot of my phone) to the information on the appeal form, or would they throw that out as “new evidence”. Any suggestions? It’s quite annoying to be ticketed for parking in a clearly legal spot and being called a liar when submitting photographic proof of such. Thanks for your help in advance.
Mark,
Good morning.
I hear you loud and clear.
I totally understand your frustration.
Only 13% of all appeals are successful…Tough odds to begin with.
Technically, new evidence is not permitted on appeal. You may offer the
“new” evidence “in the interest of justice.” Sadly, a plea for justice
most often falls on deaf ears.
I hate being so pessimistic but you have a difficult fight ahead.
Please let us know the outcome.
Good luck.
Regards,
Larry
Hey Larry,
I got a ticket for parking in a “No Parking” zone, sign was obstructed by a tree and Refrigerator was blocking the green pole. Totally a mistake on my part. I sent pictures but no putting the obstruction of the pole. I am trying to appeal the guilty verdict. the ALJ stated, “Respondent’s claim is rejected because said photographs are of limited probative values as they do not depict the signage posted (front and back) on the entire block from corner to corner. Any advice on how to fight this guilty conviction?
Hi Chet,
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
Thank you Lawrence, I do hope you feel better soon.
All the best,
Chet
Dear Larry,
I’m finding your blog entry, of course, after appealing in what I believe as an incorrect manner.
I received a parking ticket for a fraudulent Inspection Sticker.
2 days prior I had my windshield replaced because of a massive crack and clearly the window guy didn’t do a great job, the corner of the inspection sticker was curled back and not fully adhered to the glass.
I disputed and provided photos and the receipt for the glass replacement, but not the receipt for the inspection, as i couldn’t find it (the inspection was 10 months ago) and YES an emotional statement about how can I oversee the work of the window replacement guy.
The judgement, guilty.
I appealed and added the now found receipt showing my car has always been legally inspected, but not adding payment.
The appeal judgement, affirmed.
Do I have any further recourse?
Kind Regards,
Michelle
Hi Michelle,
I am really sorry to hear about the unjust decision. I recently fought a case exactly on point with yours. The original judge found us guilty, but luckily I was able to win the appeal.
The next step is available but very uneconomical. it is called an Article 78 which is an application to the NY Supreme Cout (trial court) to review the bad decision of the PVB (a state agency). The filing fees alone are more than $300.
Regards,
Larry
I just read the last blog entry…. I, too, hope you feel better Larry. I understand you will not be responding to my query.
Healing vibes for you,
Michelle
Hi Michele,
Thanks for your kind words…I try to reply to questions that are more of general questions where I think the information will be helpful to our wonderful community, just like yours.
Regards,
Larry
Hi Larry. I see that you have been so helpful to others so thought I’d reach out as well. I would like to appeal what I believe is an incorrect decision but I am not sure what the basis of my appeal should be. In short, I was parked next to a sign where the Red sign allowed parking at the time and the white sign below it was spray painted so it could not be read. There were 2 other, similar signs a but further down the block, both of which allowed parking at the time. So, I thought I was in the clear. Instead, I got a ticket and I got towed, which is why I am trying to fight this one hard. The decision was “photographs do not depict the block from corner to corner, showing all signs and their relationship to the vehicle.” I am not sure how I could even take a photo from one end of the block to the other that would show anything in any meaningful amount of detail and I also would not have though to photograph the north half of the block when I was on the south half of the block. Finally, I could not show where my car was parked because it had been towed so I stated where it was parked in my initial arguments by mail. Any thoughts on what to focus on in my appeal would be greatly appreciated.
Hi Marc,
Good morning.
Sorry to hear about the bad decision. Appeals are tough to win. Only 15% are successful.
Your burden of proof on appeal is to persuade an appeals panel that the original judge made a mistake of law or fact based on the evidence you submitted. You’re not permitted to submit new evidence on appeal.
I would have to look at your original defense statement, exhibits, and judge’s decision to offer a meaningful opinion (this type of review is beyond the scope of the blog).
With that said, here are some thoughts:
-You raised a valid defense that the sign was defaced making it impossible to read the rule
-The judge denied your defense because you did not prove the location of the sign and that it regulated the place of occurrence
-The standard way to prove location and regulation is by taking overlapping photographs of the block from corner to corner
-I generally use the official DOT parking ticket map and look up the place of occurrence
-The Map shows you the parking signs that regulate a specific place of occurrence
-I would supplement the Map information with a few live photographs with a house number or building number to identify the location of the sign
-I would use Google Map Street View to further identify the location of the sign
If you simply submitted photographs that could have been taken on any street in NYC, it’s going to be tough to win an appeal. If you identified that location and presented evidence that the sign was defaced, you have a fighting chance to win.
Good luck.
Regards,
Larry
Hi Larry, I have a NYC DOT handicap permit and it was clearly displayed on the driver-side windshield of my car. I parking around 12 feet from a fire hydrant and, I got a ticket which on it says I was parking “within 5 feet.”
Obviously, when I dispute the ticket, I will send in documentation (both picture of the permit and unique ID placard number of the permit) to NYC, but wanted to get your recommendation/thoughts on any other evidence I should include, or the best course of action to take (hearing b mail, online or in-person) to get this dismissed.
Thanks in advance.
Ike
Hi Ike,
Good morning.
A handicap permit doesn’t grant permission to park within 15 feet of a fire hydrant.
Your burden of proof to beat a fire hydrant ticket is to persuade a judge that your car was parked more than 15 feet from the hydrant. The warrior is required to estimate the distance. However, warrior’s are notoriously bad “estimators.” But sadly, the accuracy of their estimate is not a required element.
Good luck, Ike.
Regards,
Larry
Hi
I was standing next to my car going to move it and got an alternate side parking ticket. Is there a way to fight this?
Hi Brian,
Good afternoon.
I’m sad to say that standing next to your car doesn’t give rise to a winning defense. I would check for misdescribed, omitted, or illegible required elements. If you find one or more you win, subject to presenting the proper proof, properly.
Good luck, Brian.
Regards,
Larry
Hi Larry,
Please help about this case.
I parked my car near my home on the street where says no parking on Monday from 11:30-1 in Brooklyn. However, I had a really bad kidney infection and was admitted in the hospital from Friday night to Thursday. I was unable to move the car. And no one was illegally under my car registration or insurance to move it. I fought the ticket online and showed proof of the hospital discharge paper. However the judge still found me guilty of the parking ticket. Please let me know how I can appeal this decision and if the decision will be revised.
Thank you.
V
Hi, Vanessa,
I am sorry to hear about your hospitalization. I hope you’re feeling much better.
Appeals are a real challenge. Your burden of proof is to persuade an appeals panel that the original judge made a mistake of law or fact based on the evidence you submitted. You have 30-days to file your appeal with the Evil Empire from the date the opinion was issued (not the date you received it).
I’m afraid your question is beyond the scope of this blog. The proper way to evaluate the merits of an appeal is to look at:
-The evil judge’s decision
-Your defense statement
-Your Exhibits
-The original stupid ticket
Good luck.
Regards,
Larry
Hi Larry,
Last Sunday February 18, 2018, around 11:45 am, I properly parked my car in front of Citibank on West 40th street under a posted road sign and took a subway with my family to South Ferry to visit Statue of Liberty. The posted road sign has three sections,
the top section with red background and white letter says,
“NO STANDING Monday – Friday 7am-10am, 4pm-6pm”
the middle section with white background and red letters says,
“3 hours metered parking COMMERCIAL VEHICLES ONLY,
Monday-Friday 10am-4pm”
the lower section with white background and green letters says,
“6 hour metered parking, Monday-Friday, 6pm-Midnight,
Saturday 8am – Midnight.
When I returned from my visit, I found a parking ticket on my van windshield. Carefully reviewing the ticket, there was a statement that reads
“No Standing, DAYS/HRS: ALL DAYS/ALL TIMES” under “In Violation
of NYC Traffic Rules, Sections”. A little further there was another
statement that reads “Temporary Construction Regulation. No activity/
No permit” under Complainant’s Comments section.
I took the picture of my car while it was parked under the posted road sign for seek of easily finding the place where I parked on my return. Anyone can easily see the posted road sign as well as the one car parked in front and the nose of the other car behind my van in picture. I took two more pictures capturing the posted road sign around 5:45 upon when returning from my visit finding the parking ticket.
In one of you post or somewhere from NYC DOT web, it appears that I needed to capture in the picture or in video the entire corner of the street where my car was parked as a proof. Unfortunately, it didn’t occur to me at that time that I needed to capture the entire corner of the street as I was very much in shock and in confusion from the circumstance that caused my entire family to be very much disappointed and started to take the blame upon themselves including my 5 and 8 years old children.
I searched google street view as well as NYC live camera to find the entire corners of where I parked but no satisfactory result. The most recent google street view I was able to find was September 2017 and it appears the Citibank was probably under some renovation. From the picture I took, it appears there is some building renovation the other side of 6th Ave after passing Nikola Tesla Corner. But I parked 30 feet before 6th ave on West 40th street. Also, from ‘New York City Department of Transportation TRAFFIC RULES’, it appears the place where I parked was not in blue zone and the time and date were not one of the excluded exception (rules excerpt below)
(l) Blue zone, midtown, and other special zones.
(1) Blue zone. No person shall park a vehicle upon any of the streets
within the area designated as the “Blue Zone,” Monday through
Friday from 7 a.m. to 7 p.m., except as otherwise posted along the
perimeter of and inside the designated area, or when necessary to
avoid conflict with other traffic or in compliance with law or upon
the direction of any law enforcement officer authorized to enforce
these rules. Said area is indicated by a blue line painted parallel to the
curb and is bounded by the northern property line of Frankfort
Street, the northern property line of Dover Street, the eastern
property line of South Street, the western property line of State
Street, the centerline of Broadway, and the centerline of Park Row.
(2) Special midtown rule: method of parking. Except where otherwise
restricted, between the hours of 7 a.m. and 7 p.m. daily, except
Sundays, from 14th to 60th Streets, 1st to 8th Avenues, all inclusive, in
the Borough of Manhattan, no operator of a vehicle or combination
of vehicles used for transportation of merchandise shall stop, stand,
or park in any of the streets herein designated, other than parallel and
close to the curb, and occupy no more than ten feet of roadway space
from the nearest curb, and in no case shall any such vehicle be backed
in at an angle to the curb.
(3) Special midtown rule: standing time limit.
(i) Between the hours of 7 a.m. and 7 p.m., daily except Sundays, from
14th to 60th Streets, 1st to 8th Avenues, all inclusive, in the Borough
of Manhattan no operator shall stand a vehicle or combination of
vehicles for the purpose of making pickups, deliveries or service calls
in any one block of streets herein designated for a period of more than
three hours unless otherwise posted. A vehicle or combination of
vehicles not being used for expeditious pickups, deliveries or service
calls is deemed to constitute a parked vehicle subject to parking rules
applicable to that particular location.
(ii) Commercial parking meter area. Notwithstanding the provisions of
subparagraph (i) of this paragraph, where signs are posted regulating
the use of the curb by commercial vehicles it shall be unlawful to stand
a vehicle in any space on a block unless such vehicle is a “commercial
vehicle” as defined in §4-01(b)(i) of this chapter or a vehicle with a
valid “combination” registration from another state, and unless such
space is controlled by a parking meter. The maximum time for such
metered parking on a single block shall be a total of three hours,
unless otherwise indicated by a posted sign. The provisions of
subdivision (h) of this section shall apply to commercial vehicles
parked at a parking meter pursuant to this paragraph.
The parking ticket lists a different owner name while I’m the owner of the vehicle and I bought it brand new.
Since I returned to my hometown Maryland last Sunday night, I really don’t have the opportunity to go back and record the entire corners of the street where I parked. I greatly appreciate if any New Yorker help me record the West 40th Street where the Citibank located including the posted parking sign in front of Citibank.
Please advise me the best way to dispute this parking ticket.
Best Regards,
Alex
Hi, Alex,
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
how long does it take on appeal for a parking ticket till I hear something?
Hi, John,
Good morning.
I usually receive a decision on an appeal within 30-45 days delivering my appeal documents to the Evil Empire.
Regards,
Larry
I mailed an important appeal on the 25th day after the ticket was issued. I was delayed waiting for a FOIL request from the NYC DOT, which didn’t come until the 23rd day after the original decision. This was not indicated on the appeal, because I thought the appeal would get there by the 30th day. The letter was returned to me for insufficient postage on the 31st day. 1 more stamp was added, and it was re-mailed on the 31th day. The appeals board received it late and denied the appeal. Do I re-submit the appeal with an explanation as to why it was late (NYC DOT took too long to respond to FOIL request & post office returned to sender causing delays)??? What do I do?! It’s for tickets totaling over $1,000 and my defense is airtight. I’m pissed
Hi, Mike,
Good afternoon.
Some great questions.
I recently experienced the same injustice with my FOIL request. But my reply isn’t going to show up until October 29, 2018 (way beyond the 30-days from issuance).
So, I had no choice but to proceed without the FOIL reply and lost. I appealed and lost. It appears that the City’s failure to provide essential information within a reasonable period of time through FOIL isn’t a winning defense.
Sadly, I don’t think insufficient postage will cause the Evil Empire to reverse the denial of hearing your appeal. I would take a shot and argue that an appeal is “filed” on mailing and not receipt by the Evil Empire. The language only states that the appeal must be filed within 30 days not received within 30 days.
Good luck.
Regards,
Larry
Hi Larry,
Incredible resource, very useful. Thank you.
Do you know of a time limit for photo evidence? I had an ALJ cite “photos taken 36 hours after summons was issued” before stating my “statement that the vehicle was legal distance from the fire hydrant is not persuasive”when he upheld by fine for parking within 15ft of a hydrant.
Thanks
John
Hi, John,
Good afternoon.
In a perfect world, you’d take photos immediately after you returned to your car and found the ticket, and before you moved your car.
However, since this isn’t a perfect world, it depends on the type of violation. You are trying to persuade a judge that you didn’t move your car prior to taking the photo. For example, it is helpful to take your photos immediately after you find your ticket for a fire hydrant violation. You’ll want to lay an outstretched tape measure between your front bumper and the fire hydrant and hope it reads more than 15 feet. If you don’t take the photo with an outstretched tape measure immediately after, you should take some photos that line your front bumper up with a landmark so you can return to the scene of the ticket and measure from the landmark and fire hydrant.
There is no set time limit for offering photos as evidence. But, the longer you wait, the more difficult it will be to persuade a judge that’s where
you parked when you got the ticket.
Good luck.
Regards,
Larry
Hi Larry,
Thank you for your quick response.
The 36 hours was the period of time it took me to return to the vehicle, so in this case they were taken as soon as I could, unfortunately at night. I went and got a tape measure as you suggest, and photographed the tape measure in front of the vehicle, overlapping tiled photos of the tape along the sidewalk, and a side-on photo showing the front of my vehicle behind the 15ft on the tape. I presented all the photos at a hearing this morning, along with annotated maps at various scales, and it was upheld:
“Photos submitted as evidence. Data shows photos presented taken more than 36 hours after summons was issued. Respondent’s statement that the vehicle was legal distance from the fire hydrant is not persuasive. Based on the accuracy in description of the vehicle, and date of photos, it is found that the vehicle was less than 15ft from the fire hydrant. The fine is upheld.”
The summons says the car was 10ft away, no attempt to be honest at all.
Thanks again for responding.
John
Hi, John,
Sorry for the delay.
The judge didn’t pay attention to your defense statement. If you returned to the car for the first time after the stupid ticket was issued in 36 hours, then took the photographs at the earliest time possible. The judge misstated your testimony.
You have 30 days to appeal from the date the decision was entered. The decision will state the due date. I’m heading to Seattle to visit my children and granddaughter and will return on January 7, 2019. I’m happy to check out your defense and exhibits and the judge’s decision to see if you have a winning appeal. Send ’em to, larry@newyorkparkingticket.com
I will feel bad if we would be out of time by then.
Let me know if I can help you.
Regards,
Larry
Hi – I received a ticket for not having my updated registration sticker properly displayed on 8-14-19. When I to my car that day I immediately took a picture of my windshield with the updated registration next to my inspection and the temporary printout of the temporary registration. I sent it and given the fact that I had the proof and thought this is all the proof I needed to be found not guilty. Today is 10-21-19. I never received an email or a response in the mail so I checked online and saw that the judge found me guilty, which I can not for the life of me understand why but when I immediately attempted to appeal it said that this has already had a prior hearing and I can not request another hearing.
I called 311 and they attempted to locate the ticket but other than seeing what I saw they could not find any record of it being emailed to me or send by conventional mail. I was told to manually download the Appeal form and send it but other that the actual proof of renewing the registration, having the printed out copy of the temporary registration and having a picture of the new registration glued on the windshield that same day as the ticket was given, what else can I possibly show?
This just seems like the ticket was given in hopes of me not fighting it/forgetting about it and when I did dispute it there was no response and just marked guilty.
What do you recommend
Hi, Martin,
Good morning.
I am sad to say that what happened to you with this ticket has been happening in Parking Ticket Land for quite some time. I’ve noticed that the number of rogue judges has increased along with the number of corrupt, unjust decisions. They find you guilty illegally and the decision is affirmed on appeal.
You may have read the article in the NY Posthat described a parking ticket fighter documented more than 200,000 tickets that were altered after being issued and before entering them online. Horrible!
We all gotta keep fighting until this broken system is fixed.
Your burden of proof on appeal is to persuade a 3-judge appeals panel that the original judge made a mistake of law or fact based on the evidence you submitted. The first step is to locate the rogue judge’s corrupt decision and see what he says. Please feel free to email the decision to me and I’ll take a look. (larry@newyorkparkingticket.com)
Regards,
Larry
Hi- I received a violation for parking 4 ft from a fire hydrant, when I appealed the ticket I stated that I was approximately 17ft from the hydrant. The officer stated I was 8-10ft away from the hydrant and also stated that there was is no way that to tell that this is the vehicle was parked when the summons was issue. And also said there there is no testimony as to how the distance was measured, but either way it doesn’t make any sense the distance from the TEA as well as of the judge at the time of the online appeal. I am getting 2 different and basically being accused of lying of the exact location of where the vehicle was parked based on the location that was written on the original ticket which it stated I was parked on the opposite of 101 W 28th St NY. The hearing officer/judge stated on the decision summary that according to the city resource there is a fire hydrant at this exact location. I am a out of state car,his is so frustrating.
Any suggestion that can help me win this appeal once I request a hearing?
Thank you in advance!
Sandra Lopera
Hi Sandra,
Good afternoon.
I’m old and easily confused. Sorry.
How many total tickets are we talking about?
How many have you disputed so far?
Did you get a written decision from the judge? If so, I’m happy to read it (larry@newyorkparkingticket.com)
Looking forward to your reply.
Regards,
Larry
Dear Larry-
I’m wondering if you can help me out here:
I parked in front of a meter. Paid via the app ParkMobile. I got a parking ticket. I disputed, and submitted as evidence a receipt from the ParkMobile app. The decision came back saying the receipt does not include my vehicle’s license plate number. I was at a loss because the app does not provide a receipt that includes the license plate number. When I logged into Park Mobile on their website, I wasn’t either able to obtain a receipt with a license plate number. I contacted customer service of ParkMobile and asked if they would help me. At first the answer was, ”we don’t have your parking /payment history”. I was stunned to hear that. I persisted, gently, and finally I was provided with a printout of all my parking sessions and license plate and time, payment, etc.
I then proceeded to appeal the original decision, and I included this new evidence. The Appeals Board Decision states: We find no error of law or fact. Decision upheld.
I think my next available option is to file an Article 78 in Supreme Court. I want to check with you what your thoughts are on this.
Thank you very much.
I’m fairly certain this same problem is happening for thousands of New Yorkers every day.
Hi Angel,
Man-o-live, what a shame! I’m happy to take a look at your original defense and subsequent appeal. Please include the original judge’s decision. I’ll review your hard work and get back to you.
Regards,
Larry
larry@newyorkparkingticket.com
Good Afternoon Larry!
I have an issue with a ticket I received on valentines day. I emailed you about an hour ago just wanted to ask if that is ok?
I could really used you help.
Hope you are having a blessed day!
Hi Christopher,
Good afternoon.
Sure. I’m happy to take a look at the evil ticket.
I’ll be able to check it out later today and get back to you tomorrow (Wednesday).
Be safe.
Regards,
Larry
Hi – I fully paid my meter fee tonight via ParkMobile – Unfortunately, I also mistakenly used my wife’s license plate instead of my own within the app, and got a ticket.
I have pictures of my receipt, and the street signs, but was wondering if you might have some advice as to how to resolve this without paying the fine, since technically I paid the fee.
Appreciate any help or suggestions you may have – thanks!
Dan
Hi Dan,
Good afternoon.
I’m afraid the Evil Empire is intent on grabbing your meter fee and a parking fine for tapping the wrong plate. As a matter of fact, I am currently fighting the exact ticket for a client thatyou received. Meanwhile, the oriignal judge found me guilty and I appealed (waiting for the decision).
I am publishing a blog post on Monday. I will include my defense, the original judge’s evil decison. And, my appeal.
Hope it helps everyone.
Regards,
Larry
Awesome, thanks for the response, Larry, really appreciate it. I had started to put a response together, but will wait until I have a chance to see your approach next week – looking forward to your update 😉
Thanks,
Dan