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
-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.
-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.
-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”
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.”
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).
(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.
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?