Last Updated on May 20, 2016 by Lawrence Berezin
We beat a double parking ticket
Please do not try this on your own without the assistance of an expert. It’s too dangerous. Our terrific client was so angry about the injustice of being pummeled with an NYC parking ticket for double parking while he stopped for twenty seconds to drop off his wife, he decided to fight the parking ticket, period!
I explained at the present time, most people, parking ticket judges and experts argue double parking is always prohibited.
Our client asked, “What do I believe?”
I believe the double parking rule is a no standing/no parking violation. Stop, drop and go is a defense to all no standing/no parking violations. Ergo, since you stopped temporarily to drop off your wife, I do not believe you are guilty of double parking.
But, your chances of beating a parking ticket for double parking is like finding the proverbial needle in the haystack. You may be tilting at windmills.
He tilted and beat the double parking ticket
The decision to fight an NYC parking ticket is rarely about the money. It is about principles, injustice, and fighting to take control of the highways of NYC from the Darth Vader’s. Our client was right and fought to prove it.
Kudos to the parking ticket judge who did what he thought was right, didn’t succumb to the DOF pressures and dismissed the parking ticket.
Hi Larry, How have you been? I haven’t spoken to you for a while. Remember the ticket I got 2 1/2 years ago for stopping in front of a bus stop to pick up my son, and as he was walking to my car, a regular NYPD cop stood in front of my car preventing me from leaving and ticketed me? After sending tons of photos, video links of where I was, notarized letters from my wife proving his time was off on the summons, etc that case is STILL pending!
Anyhow, I have a quick question for you. My son just got his license and a car last month, and received his first parking ticket yesterday. Seems our mighty warriors are now bored with patrolling commercial districts and are now prowling private streets looking for expired stickers, cars in front of their own driveways, etc. My son, sadly, WAS guilty of his offense. He was parked in a No Standing Anytime zone at the end of the block (the dopey daylight think). However, the traffic agent made an error with the place of occurrence. He did not list the address of the nearest home. Instead, he wrote “E/S Caldwell Avenue 15 feet North of 77th Place.” Caldwell runs East/West, and my son was parked East of 77th Place. I printed a map from your link that shows no traffic restrictions North of Caldwell. Do we have a fighting chance of winning?
Thanks again for your advice and the wonderful things you do. And, a belated Happy New Year
Lee,
Amazing how the universe works.
I’ve recently been thinking about you and hoping you were still healthy, wealthy, and wise. It’s super to hear from you, Lee.
The next generation of drivers…Let’s welcome your son into Parking Ticket Land, and celebrate his arrival with a victory.
I hate those detailed descriptions for place of occurrence. They remind me of a pirate buried treasure map.
If the costly parking space didn’t live on the east side of Caldwell Avenue, you win. The tipping point is presenting the proper proof, properly.
If the east side of Caldwell Avenue does not exist, the easiest way to win is to prove it doesn’t exist. You can accomplish this by using the text-based parking regulation map. Here’s a link.
http://a841-dotvweb01.nyc.gov/ParkingRegs/ViewController/LocationValidation.aspx
Enter the borough, the street (Caldwell Avenue) and the cross streets, and click search. The results should come up north side and south side if your compass is correct.
Submit screen grabs of the outcome, along with your other proof, and the parking ticket should be dismissed.
Be well, Lee and don’t be a stranger.
Best,
Larry
Hi Larry,
We visited family in December in NYC for Hannukah. We are from Toronto,ON, Canada. We got 2 tickets ; the first one, we beat it (around $500) thanks to your blog and advices. The second one, we parked in a bus zone (we really thought we were parking properly) and we got a $115. One of the required element is wrong, i.e. the expiration of our sticker on the license plate, the date shows 01/15 when it should have been 01/17. So I pleaded not guilty with an online hearing, however they upheld the original judgment. It is a violation code 19 and I quote them:” No copy of the ON registration or photo of the registration sticker is noted. It is not persuasive that the isuer misdescribed the reg date available on the vehicle at the time the summons issued. No merit defenses. Upheld”
We beat the first parking ticket because the required element for the exp date was not written in, the warrior simply stated “N/S”.
I do not understand why this time, using the same rational, this one is not cancelled.
I must say that the parking ticket was issued on 12/26/2014, and I only took the time to deal with a week ago.
Thank you for any insights,
Cheers,
Itsik
Itsik,
Good morning.
It’s never easy in NYC Parking Ticket Land.
You did a super job identifying defects on the face of the parking ticket. However, although the defense for the old and new ticket came under the broad category of required elements/registration expiration,
the proper proof is different for the old and new
violations.
You presented the proper proof on the old one, and it was
properly dismissed. Yea!
However, the proper proof for a misdescribed month/year of
registration expiration date that appears on a plate consists of:
1. Photograph of the plate attached to the car (usually takes 2 pix)
2. Copy of registration
3. Your certification that the expiration sticker was displayed
on the vehicle on the date/time the parking ticket was issued
I’m afraid the content of the judge’s decision and order correctly
states the nature of proof necessary to win a dismissal.
Great try, Itsik.
Sorry the outcome did go your way.
Best,
Larry
Hi Larry,
This is Jeremy calling. Earlier this yr I queried about PPPD permits. Now I need your expertise with a 4 horned parking tix dragon. We use two cars. An SUV and locally a sedan – the A and B cars. The B car is parked a lot for days at a time. So of course I was sick with the Flu when the B car inspection expired. The first day I got out I found the four tix for expired inspection 5/1 5/3 5/4 5/5.
I sent them in together with the explanation and the new inspection receipt also explaining that my mechanic picked it up and that it was never driven uninspected.
I got back 3 guilties. The first ticket was hand written and the N was entered as V.
I also noticed two of the 3 had the same improper address. They used the house number on the street side of the corner house instead of the avenue house number, which is where my car was parked. The other ticket of the3 that posted had the correct number.
The 3 posted tix were now 75 each, with an additional 10. I could not find any explanation.
I’m considering appealing simply for a reduction. Should I be concerned about the type-o ticket not showing on my plate and not being mailed back to me?
I truly despise tix. I don’t know if I’m more angry with them or myself. They are such a waste. If they put half the funds to feed or educate kids it would not qleave such a sour taste.
PS The only time I had a merciful road warrior, he was a cop, and he just happened to put a wrong letter on the plate. Never saw it again.
Regards,
Jeremy
Dear Jeremy,
Good morning.
You raise some great questions.
The toughest part of beating a parking ticket is matching the correct defense to a parking violation. Logic and common sense be damned.
1. Expired Inspection is a “Status” violation which means that your car is being spanked not the location where it parked. Therefore, the place of occurrence is not a required element for a status violation. All that matters is that it was parked on the street.
2. The “reduction” program was eliminated four years ago. Now it’s all in or pay the man.
3. The standard of proof for an appeal is to persuade the appeals panel of judges that the original judge made a mistake of law or fact based upon the evidence submitted. You are not permitted to submit new evidence.
Sorry, I don’t have better news for you, Jeremy.
Good luck.
Regards,
Larry
Hi Larry, That rule number 3 really needs to be changed. It is prepostorous that new evidence is not reviewed at an appeal. Isn’t the point of the judicial system to be fair? Why should an innocent person be punished because he did not include something initially? And when he finds out what he ommitted, why shouldn’t he get the opportunity to resubmit it?
In other words, does the court really care about doing the right thing, or are they just trying to collect money? (On a side note, I read an interesting Letter to the Editor yesterday-if the city was REALLY concerned with driver/pediatrian safety, instead of hiding speed cameras throughout the neighborhood-they should also put up signs warning drivers. This way, they would slow down and drive safer, instead of getting hit with a ticket.)
Well said, Lee.
You’re the historian of Parking Ticket Land.
Always a pleasure reading your comments.
Thanks for sharing them with us.
Regards,
Larry
Hi Larry, my name is Daniel, I would appreciate any advice on how I can properly argue a parking ticket that was issued 3 days ago, but the car hasn’t been moved or been operated ever since receiving the ticket. The ticket says, “front of vehicle ask sign”, but the sign itself is not even properly erect, it tilts. She wrote “the evidence is not persuasive to show that a part of the vehicle did not extend into the restricted zone as cited when the ticket was issued”, and saying I was guilty. I am appealing. I submitted evidence that shows my vehicle not passing into the restricted zone. I’m wondering what you think of this? Do I stand any chance of winning? Thank you again for any and all consideration given.
larry, i received a parking ticket for failure to show a muni receipt that lists an address as “in front of 146-01 89th avneue, – is a city of town or county necessary in the place of occurrence
Charles,
Good morning.
Great question.
The County is supposed to be checked. However, it is up to the judge whether or not to dismiss the ticket for an omitted County.
I’ve beaten omitted County tickets when I can prove that the place of occurrence, without indicating a County, does not identify the location. For example, when the exact address entered on the ticket exists in Brooklyn and Queens or other Counties.
I would definitely fight the ticket.
Regards,
Larry
I got a ticket at exactly 1:30PM when alternate side parking was ending . Any tips what to write to the judge?
Dear Samuel,
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,
My name is Andi and I’ve received an double parking ticket while my father was loading in the trunk two bags of flour. The officer came up and stated that I was impeding traffic but I clearly was not because I’ve recoded everything. The question is, are there chances to win since my father “was loading in” and we left not even two minutes it lasted? Thank you very much!
Hi Andi,
I hate giving bad news to nice people, but…Your story will not set you free.
The Evil Empire says that double parking for a passenger vehicle is illegal at all times, night and day, every day. There is a minority view about double parking, which I believe is the correct view. Double parking is a no standing violation. Ergo, if you double park temporarily to drop off a passenger and skedaddle, some judges will dismiss the ticket.
However, you are not permitted to load or unload personal property (such as two bags of flour) in a no standing zone (loading is permitted in a no parking zone).
Sorry, Andi,
Regards,
Larry
Hi Lawrence,
Just got a ticket while dropping my 4 year old son at his bed stuy preschool. Parking is limited here so I usually double park and leave enough room for other vehicles to pass. Today though, two agents got in and out of there without the teacher (who greets me at the front door, facing my car) noticing. Bummer for me, as I got a double parking ticket. As I was just dropping my kid off, is there any leverage for me to fight and win this ticket? Thanks!
Hi Rad,
What a shame!
There are two views about double parking in NYC:
1) Majority….It is always illegal for passenger vehicles to double park (Evil Empire)
2) Minority…Double parking is a no standing violation. Ergo, you can stop temporarily and expeditiously drop off or pick up people, but not luggage, groceries, etc (“things”). (Many parking ticket judges, and Larry B…that’s me).
You have to prove that the drop off was “expeditious” to give your chance for a dismissal. I would explain that the teacher was waiting at the curb and immediately approached the car to help your son safely exit the car and go into school (try to get a statement from the teacher). I would also argue a lack of proper service since the warrior did not enter your name on the ticket even though you were sitting behind the wheel when the ticket was issued.
Good luck.
Let me know the outcome.