Last Updated on December 12, 2017 by Lawrence Berezin
The NYC parking ticket story
It was an unseasonably warm day in November 2011. A day to be vigilant to avoid getting an NYC parking ticket. Joe arrived at work and parked his car behind two cars. His rear bumper was about 2-3 feet from a 4-corner intersection pedestrian ramp, while his front bumper was pretty close to the car parked in front of his car.
Joe popped out of his car and walked briskly into work. Joe thought to himself, “this is going to be a good day.”
This can only happen in the wacky world of NYC parking tickets
Joe returned to his car at lunchtime. And to Joe’s utter amazement, his automobile mysteriously traveled back into the intersection, totally blocking the pedestrian ramp. Can you guess what was stuck under Joe’s windshield wiper? That’s right, an angry, orange, epistle charging Joe with parking in front of a pedestrian ramp…Ca-ching to the tune of $165.00.
Let’s go to the videotape
To continue our “once-in-a-lifetime” parking ticket tale, Joe moved his car, ran back into work and searched for Sam. Joe found Sam, the security surveillance man:
“Can we take a look at the surveillance tape for this morning, Sam?”
“Sure Joe,” Sam replied.
Lo and behold, the security tape revealed an unidentified man walking across the street, entering the car in front of Joe’s car, and proceeding to back into Joe’s car (pushing it all the way into the intersection).
Joe’s first bite at the parking ticket apple
Joe submitted a few fuzzy screen captures (For Mac lover’s, screen grabs) and a letter to the parking ticket judge to look at the fuzzy screen grabs. Joe didn’t explain what these unidentifiable screen grabs showed. “Off with his head,” said the parking ticket judge. Joe was found guilty as sin.
Joe called yours truly, and together we prepared the proper proofs to set Joe free:
- We posted the surveillance video on YouTube and sent the video link to the appeal panel of judges
- Joe prepared 5 super, duper professional diagrams depicting his car being moved back into the intersection (Joe is a draftsman)
- Satellite view of parking ticket crime scene
- Submitted a certification from Sam, the surveillance man, authenticating the videotape
- Submitted Joe’s parking ticket story and attached it as an addendum to #4 on the application for appeal
The big but is technically you are not permitted to submit additional proofs on appeal. You must rely on the documents you submitted to the original parking ticket judge. On appeal, your burden of proof is to persuade the appeal panel the original judge made a mistake of law or fact.
I ask the appeal panel to consider the additional proofs, “in the interest of justice,” when necessary. It has been our experience the majority of judges want to do the right thing and will consider the new evidence.
- Your tastiest bite of the parking ticket fight is the first bite. Present the proper proofs properly the first time around
- Always tell your story to the original judge. Do NOT simply send some stuff that makes sense to you and you, alone.
- The judge wasn’t at the scene of the parking crime, so bring the scene to the judge. Set the stage by using Google Maps with street view, or a good, clear, uncluttered diagram to make the crime scene come alive
- If you present a videotape, you must authenticate it. In other words, you need the custodian of the tape to submit a certification connecting tape to your case
Do you think the appeal panel will consider the additional evidence presented by Joe? Should they?