Last Updated on October 28, 2021 by Lawrence Berezin
An NYC parking ticket falls into default judgment after 100 days
There is one avenue you may wish to explore with your NYC parking ticket in judgment before holding up your piggy bank to pay your fines and penalties. It is called “A Request for Hearing after Judgment.” A judge may grant this application and either:
- Dismiss your parking ticket outright, or
- Grant you a hearing
To prevail, you must demonstrate:
- Excusable neglect, and
- A substantial defense to the violation
What is “excusable neglect?”
It’s like you meant to pay your parking tickets but were kidnapped by Martians or spent the last year on a space station. Stuff like that. The PVB provides you with examples of “excusable neglect:”
- The notice was not sent to me at the address where this vehicle is registered with the NYC Department of Motor Vehicles.
- I requested a hearing and did not receive a response (submit a copy of hearing request materials).
- I had a serious medical condition when the violation was issued (submit a copy of health records).
- My vehicle was sold/transferred prior to violation issuance (submit a copy of DMV plate transfer report, insurance cancelation report and transfer paperwork).
- I reported my vehicle stolen at the time of violation issuance (submit a copy of police report and insurance company report)
- The violations were issued to plate(s) that were stolen from my car (submit a copy of police report and insurance company report).
- I serve in the military and am covered by the Soldiers and Sailors Act (submit proof of active military service at the time the judgment was entered).
- I was incarcerated.
- I was detained out of the country
What is a “substantial defense?”
Here are some examples offered by the PVB:
- I sold/transferred my vehicle before the violation was issued (submit a copy of title transfer).
- I reported my vehicle stolen before the violation was issued (submit a copy of police report and insurance cancelation report).
- Violations were issued to a plate(s) that was/were stolen (submit a copy of police report and insurance cancellation report).
- The violation is defective.
- Other defense(s). (Please list below):
For exampIe, I was stopped temporarily to pick up or discharge a passenger in a no-standing zone, etc. is a winning defense.
You may opt to negotiate a payment plan with the NYC Department of Finance.
Here are the rules:
- You must be the registered owner of the vehicle, the owner’s court-appointed agent, or a lessee of the vehicle who has been designated as liable for judgment summonses by the vehicle’s lessor.
- You must agree to include in the payment plan all open parking ticket judgments not already covered by an active payment plan.
- You must pay 20% or more of the total amount due at the time you enter into the agreement.
- For judgments under $350, you must agree to a 60-day plan.
- For judgments that are $350 and more, you must agree to a payment plan length of no more than 24 months.
- You must agree to pay the balance owed on all open judgment violations. If you wish to dispute any tickets in a hearing, you must do so before the payment plan begins.
- You must pay all outstanding booting, towing, and related fees in full.
- If your vehicle has been booted or towed, you must provide proof that your vehicle is currently registered and insured in order for the vehicle to be released.
Have you had the experience of working out a payment plan with the PVB? Or better yet, successfully applied for a hearing after judgment, and your parking ticket was dismissed? Please Share!!