Last Updated on October 24, 2023 by Lawrence Berezin
Dr. Kildare won his parking appeal.
Parking Appeal Rock of Ages.
Oh, somewhere in Parking Ticket Land, the sun is shining bright, The band is playing, and the hearts are light; And somewhere in Parking Ticket Land, people are laughing, and somewhere they shout, Becasue there is tremendous joy—The rogue parking judge has struck out.
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On April 17, I wrote a blog post about a rogue judge making an unjust decision.
Meanwhile, it is one thing to reasonably interpret a parking rule and apply the facts rationally to arrive at a guilty verdict; It’s another to abandon the rule of law and deliver a corrupt decision. Shame on the rogue judge that ignored the rule and grabbed the wallet.
NYC PVB Appeals Panel rights another wrong
By the way, a different but equally rogue judge made an unjust decision when he found Dr. Kildare guilty of a second parking violation that was issued at the same time as the first violation, even though the same warrior misdescribed the plate number.
However, the good news is that the parking appeal panel reversed this decision and dismissed the parking ticket.
Appeal Refunds
Refund after parking ticket dismissed!
Most importantly, you should complete a refund form to get your money back after beating the parking ticket at a hearing or after a parking appeal.
Sample Online refund form
PARKING / CAMERA VIOLATION REFUNDS
This is what the online form looks like. Meanwhile, the following is just a sample.
However, If you’d like to request a refund, here’s the link to get your money back (scroll about one-halfway down the page).
- Complete this section only if you are requesting a Parking and/or a Camera Violation Refund. After completing this section:
- you are required to check the Certification box,
- enter the requested Refund Amount, and
- submit your claim by clicking the submit button.
- If you are requesting a Tow Fee Refund, skip this section and only complete the Tow Fee Refund and the Certification sections.
- If you are requesting a refund for both Parking and/or Camera Violation payments and Tow Fee(s), you must submit each request separately.
I am claiming a refund for a Parking and/or Camera Violation because:
| The amount paid was reduced by a hearing or an appeal hearing after payment. | |
| I paid the same violation more than once. | |
| The violation was not a Parking or Camera Violation. It was a Traffic Violation or violation from another jurisdiction. | |
| Other. Please explain: |
Commentary
I understand that NYC lost a bunch of money during the pandemic. However, the loss of revenue is not an excuse for making up for lost dimes by scamming the driving public. The Evil Empire has many tools and resources to hand out legitimate parking tickets and collect revenue they are rightfully owed.
However, do not empower rogue judges to use the law as an instrument to unjustly take a driver’s money. It is time to stop these scoundrels.
On the other hand, kudos to the right-minded judges who do it the right way. Thankfully, these people are in the vast majority.
Free Download
Have you ever seen one of these faucets while driving in NYC? Of course, you have. Likewise, have you ever parked within 15 feet and been blessed with a $115 fire hydrant ticket? My guess is “yes.”
Meanwhile, I’ve written a guide to fighting those costly parking violations, “Common Mistakes Fighting an NYC Fire Hydrant Ticket and How to Fix Them.” My guide is FREE for the asking (although I’ll ask you for your first name and email address to send you a wonderful newsletter twice per month).
What do you say? If would you like to save some money today, click away.
Hi larry,
Thank you so much for your articles and posts!! It definitely got me to try to fight every ticket that I get…… I got a double parking ticket after the end of the courtesy time for ASP… It had the wrong location on the ticket so this is what I wrote:
“On March 28th, I double parked my car in accordance
with the customary practice and courtesy in New York City during Alternate Side Parking (ASP) hours. However, when I returned to move my car, I found a TEA printing a ticket. Upon reviewing the ticket, I discovered that the TEA had incorrectly recorded the address
of where my car was parked. To support my Dispute, I am submitting the following evidence: -Photo of the Violation (Exhibit 1) –
Photos of my car parked on the street where I left it. (Exhibit 2). -Google Map image that show the actual location of my car, 107 S 8 st.
(Exhibit 3). -Google Map image of 101 S 8 St. (Exhibit 4). -Testimony from a witness who saw my parked car at that time. (Exhibit 5).
The TEA incorrectly recorded the address of where my car was parked on the ticket. Therefore, I respectfully request that you dismiss
the ticket.”
This is the response I got:
Respondent testifies they double parked for alternate side street cleaning on the other side of the street. While this might
be true, this is not a valid legal defense. There is no exception to the double-parking rule during alternate side cleaning on the other
side of the street. Respondent also testifies that they were not parked at the stated place of occurrence and submits Google photos,
taken at an indeterminable time/date, and a statement, not notarized, and which does not provide persuasive testimony/details
regarding the witness’ opportunity to make the alleged observation. This is not a persuasive defense. The summons identifies the
vehicle in every material respect; and Respondent’s evidence does not persuasively establish that the vehicle was not parked as stated
on the summons. Sustained.
How can I appeal this?
Thank You again for the inspiration and information not to pay without trying first to fight it…
Shea
Hi Shea,
Thank you very much for your kindness. It means a lot to me.
Meanwhile, you prepared a great defense. My compliments.
As you know, our 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 we submitted. We are not permitted to offer additional evidence on appeal. Likewise, I’ve checked out 101 and 107 S8th Street in Brooklyn on Google Maps. However, to offer helpful suggestions, I’ll need to see all the exhibits. Please take photos and send ’em to me.
Looking forward to your reply, Shea.
Regards,
Larry
Hi, Larry,
Thank you so much for your quick response!!
I have pictures of all the exhibits, but the reply system here won’t allow me to post pictures…. Is there any other way that I can send them to you?
Thank you again for your time!
Shea
Hi Shea,
Sure.
Send them to my email address:
larry@newyorkparkingticket.com
Thanks.
Regards,
Larry
Hi Shea,
I got the documents. Thanks.
Meanwhile, you did a super job!
Here are some things to help you write your appeal.
Firstly, your burden of proof is to persuade the appeals panel that the original judge made mistakes of law or fact based on the evidence you submitted. Likewise, you are not permitted to offer new evidence on appeal.
Secondly, I would argue that the original judge made a mistake of law by asserting that there are no-exceptions to the double-parking rule during street cleaning by not including that a drivet is always permitted to stop temporarily to drop off or pick up a passenger from the curb and leave immediately, whether standing next to a vehicle parked at the curb, or at the curb. Because, double parking is a no-standing violation (See, “Got Tickets” at pages 10 and 14.)
Next, the judge ignored the fact that you supplied the meta data for the photo that showed the photo was taken immediately after the ticket was issued.
A judicial decision is only as sound as the foundation upon which it is based. In your case, the judge based his decision on his mistaken belief that the photo didn’t show when it was taken, that there were no exceptions to the double parking rule during street cleaning, and that your witness statement written and signed by the witness wasn’t credible because it was lacking certain legal formalities despite confirming my testimony.
More importantly, the TEA made a material mistake describing the location of my car.
In other words, As a result, the judge arbitrarily failed to engage in a thoughtful, fair-minded weighing of all the credible evidence.
I hope this helps, Shea.
Let us know the outcome.
Regards,
Larry
I presented substantial, certified evidence that cannot be characterized as 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 3d 1117(A)] Decided on June 13, 2007, Supreme Court, New York County Goodman).
I wish we had a resource like this back home! I did a road trip from Ottawa, Canada through to New York and got hit with a few parking tickets that’s about $160 total. I spoke to a law firm who said these were unwinnable. Instead I could just not pay since I am out of country. Is it true that if I ignore them they’ll just go away after 8 years and be wiped without any concequences? My rv is registered in Canada only and the tickets unfortunately we’re legitimate mistakes on my part. Thank you
Hi Sam,
I hope the trip was wonderful except for the evil tickets!
Meanwhile, the Evil Empire can no longer attempt to collect an unpaid parking fine after 8.3 years from the date the ticket was issued. However, I would check with the Motor Vehicle Agency that covers your residence in Ottawa to make sure there is no reciprocity between NY and Canada. In other words, can you be penalized in Canada for a NY State parking violation?
By the wasy, if you’d like to me to check out the tickets, take a photo and email ’em to me. Or, send me the 10 digit summons number for one of the tickets. And I’ll get back to you.
Be safe.
Regards,
Larry