Last Updated on October 27, 2022 by Lawrence Berezin
An NYC parking ticket falls into default judgment after 100 days
However, there is one avenue you can explore when your NYC parking ticket is in judgment before holding up your piggy bank to pay your fines and penalties. Meanwhile, 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 for your parking tickets but were kidnapped by Martians or spent the last year on a space station. Stuff like that. Likewise, the PVB provides you with examples of “excusable neglect:”
- The Evil Empire did not send the notice to me at the address where I registered this vehicle with the NYC Department of Motor Vehicles.
- I requested a hearing and did not receive a response (submit a copy of the hearing request materials).
- I had a severe medical condition when the violation was issued (submit a copy of my health records).
- I sold/transferred my vehicle before violation issuance (submit a copy of the 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 the police report and insurance company report)
- The violations were issued to the plate(s) stolen from my car (submit a copy of the police report and insurance company report).
- The default judgment was entered while I served in the military and was covered by the Soldiers and Sailors Act (You must submit proof of active military service when the Evil Empire entered the default judgment).
- 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 the title transfer).
- I reported my vehicle stolen before the violation was issued (submit a copy of the police report and insurance cancelation report).
- Warriors or cops issued violations to a plate(s) that were/were stolen (submit a copy of the police report and insurance cancellation report).
- The violation is defective.
- Other defense(s). (Please list below):
For example, temporarily stopping my car to pick up or discharge a passenger in a no-standing zone is a winning defense.
You may opt to negotiate a payment plan with the NYC Department of Finance.
Here are the rules:
- To clarify, you must be the registered owner of the vehicle, the owner’s court-appointed agent, or a lessee of the car who has been designated as liable for judgment summonses by the vehicle’s lessor.
- Likewise, you must agree to include all open parking ticket judgments not already covered by an active payment plan in the payment plan.
- Further, you must pay 20% or more of the total amount due when you agree.
- For judgments under $350, you must agree to a 60-day plan.
- For judgments of $350 and more, you must agree to a payment plan 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 car is currently registered and insured 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 the judge dismissed your parking ticket? Please Share!!