Last Updated on September 7, 2023 by Lawrence Berezin
A parking sign swap gift from our wonderful friend, Jimmy
One of the best ways to beat an NYC parking ticket is to unlock a parking sign change. In other words, if the Evil Empire swaps parking signs on a gotcha pole, and you get a ticket within five days of the switcheroo, you can beat the evil ticket.
Really? Yes!
But how do I secure the proof?
Meanwhile, Jimmy will show us how to work magic and make your parking ticket disappear.
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How to prove the parking sign change defense
Firstly, let’s start with the law
§ 19-175.2 Notification of changes in parking restrictions.
a. Following any permanent change in parking restrictions posted by the department, the department shall post a notice in the affected areas indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receive a notice of a parking violation that occurred within five days of posting the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
Second, how to prove the date of the parking sign swap
This is where Jimmy’s magic comes into play. Before Jimmy’s parking sign change gift, the only way to ascertain the installation date was to file a FOIL Request (Freedom of Information Law). However, your defense was due way before you would receive a reply from the Evil Empire. Likewise, this great defense was worthless without proof of the installation date.
Then along came Jimmy and his magic.
Next, introducing the OpenData Street Sign Work Orders Dataset
Jimmy’s winning defense
Further, Jimmy beat his parking ticket by raising the five-day grace period parking sign swap defense. Here’s how:
Jimmy’s Caveats
The dataset includes a column labeled “order_completed_on_date.” I assume this field can be used as a reference for the “effective date” when a permanent change in parking restriction occurred.
And more:
– 1) The dataset is updated once a month (looks like the 1st or 2nd of the month)
– 2) NYC gives you 30 days from the violation date to submit a dispute – this gives you very little time to get the necessary data to submit in a dispute b/c the dataset only refreshes once a month.
Jimmy’s Defense Certification
Dear Honorable Judge,
I certify as follows:
I plead not guilty to this parking violation (<<VIOLATION NUMBER>>) because:
- This notice of parking violation (<<DATE>>) occurred within five days of the parking restriction change (<<DATE>>)
- The vehicle was parked in compliance with the applicable parking restriction that was in effect prior to such change
- Per the NYC Administrative Code (§ 19-175.2) (Exhibit 2):
- An owner of a motor vehicle parked in the affected areas who receive a notice of a parking violation that occurred within five days of posting the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change.
Read more
I have submitted a series of exhibits in support of my defense.
- Exhibit 1 shows that the parking restriction change occurred at the Place of Occurrence on <<DATE>>
- Exhibit 2 shows an excerpt from the NYC Administrative Code that provides the basis for an affirmative defense as it relates to this dispute.
- Exhibit 3 shows that the parking restriction change occurred at the same location as the Place of Occurrence.
- Exhibit 4 shows a copy of the parking violation for which I am seeking dismissal of
Due to these circumstances, I respectfully request that the honorable judge dismiss this violation.
Thank you.
- I hereby certify that my testimony is the truth to the best of my knowledge. I fully understand that I am subject to punishment if my testimony is willfully false.
- I certify that the images contained in my exhibits are true and accurate reproductions of what they purport to represent.
Respectfully yours,
<<YOUR NAME>>`
Jimmy’s Exhibits
Exhibit 1
This Exhibit shows that the work order <<WORK ORDER NUMBER>>, was completed on <<DATE>>, and occurred on <<PLACE OF OCCURRENCE>>
This data is from the NYC Open Data Street Sign Work Orders dataset.
<<REPLACE THE SCREENSHOTS WITH YOUR OWN>>
Most importantly, this Exhibit shows that the work order <<WORK ORDER NUMBER>> was relevant to installing a parking restriction change of “No Standing, all days/all times” on <<DATE>>.
Exhibit 2
This is an excerpt from the NYC Administrative Code (§ 19-175.2 Notification of changes in parking restrictions).
a. Following any permanent change in parking restrictions posted by the department, the department shall post notice, in the affected areas indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
Exhibit 3
shows that parking restriction change (Exhibit 1: <<EXACT LOCATION AS STATED IN THE NYC OPEN DATA>>) occurred at the same location as the Place of Occurrence as stated on the parking violation (Exhibit 4: <<PLACE OF OCCURRENCE>>)
This data is from Google Maps.
<<REPLACE THE SCREENSHOT BELOW WITH YOUR OWN>>
Judge’s Decision and Order
The judge based their decision to dismiss the no-standing ticket on the “Open Data Street Sign Work Order.”
Parking Ticket Land Judge
The respondent has been charged with violating Traffic Rule 4-08(c) by standing or parking a vehicle where standing a vehicle is prohibited by signs, markings or traffic-control devices. Respondent claims that this is a new sign and the violation occurred within 5 days of the sign being posted.
Respondent’s claim is supported by persuasive documentary evidence. The respondent submitted NYC
Open Data Street Sign Work Order.
Commentary
I am grateful for Jimmy sharing his wonderful victory with us. Most importantly, Jimmy empowered us with a resource to secure the proper proof to assert the parking sign swap defense.
Bravo!
O.K., so now you know how to beat a parking sign switcheroo. But wouldn’t it be a shame if you got an additional unjust registration or inspection ticket? What a bummer!
Don’t despair. Here comes Larry and his “Registration and Inspection Ticket Cheat Sheet” to the rescue.
Click away.
Also, the NYCDOT is supposed to attach a small sticker with the date of installation in a bottom corner of a newly installed sign, but they don’t always do it. BTW, that city database contains some sign installations going back to 1954! Obsolete 6-day ASP signs and other old signs.
Hey Dan,
Always great to hear from you.
Thanks for the valuable info.
Meanwhile, I’ve yet to have a client find the small sticker with the date of installation on the sign.
I hope Jimmy’s info unlocks this defense for us.
Be safe.
Regards,
Larry
This happened to me a few years back. A supermarket opened right next door to me. One morning I go to my car to go to work and I see a ticket on my windshield. What in the world I thought as I read, parked in a no standing zone. I look up and right above my car is a new red sign. A neighbor told me the sign was put up about an hour ago. First I sent a letter with my ticket explaining the situation. Their response was guilty, as I didn’t prove when the sign was put up. Then I went to every elected official in my neighborhood they tried to be helpful, but in the end I was never able to get an official letter when the sign was put up.
Hi Tee,
Your sad story is shared by many NYC drivers. So unfair!
I hope this wonderful information from Jimmy helps us all avoid this costly ambush.
Thanks so much for sharing your story with us.
Be safe.
Regards,
Larry
In the “In Violation of NYC Section” they mis-spelled some words, is this enough to get it thrown out? “Failure to Dsply Parking Meter Rec DAY/HRS: EXCEPT Su/ 7A-7P” the word display is mispelled and missing Date/Time 1st Observed
Hi again Mike,
I’m afraid spelling doesn’t count in Parking Ticket Land.
Meanwhile, Date/Time first observed on failure to display parking tickets are not required elements entitling you to a dismissal.
Regards,
Larry