Last Updated on May 9, 2022 by Lawrence Berezin
Worthless parking ticket defenses will not succeed
Our website friends frequently ask whether I recommend fighting every ticket. Likewise, many visitors say they fight every ticket, regardless of the virtue of their defense. They think, that fighting every ticket will increase their odds of winning. Now that’s insanity!
In the same vein, my Mom purchased a lottery ticket with identical numbers every day for ten years and never won. But, she was afraid to stop playing those magic numbers. Mom worried that on the day she missed, her ship would come in, and someone else would collect her money. Insanity.
My reply to my website friends is. First, I do not recommend fighting every parking ticket hoping that a losing defense will somehow dupe a judge into dismissing a parking ticket. Secondly, based on 14 years of experience, it’s very challenging to beat a parking ticket for a legitimate reason. Why waste your valuable time raising worthless defenses?
“The only thing worse than getting a parking ticket is fighting it and losing. “
Table of contents
What is a worthless defense?
without worth; of no use, importance, or value; good-for-nothing:a worthless person; a worthless contract.
Your dictionary
Likewise, a worthless parking ticket defense is baseless, without merit, and not adequately supported by evidence. For example:
How to find required elements to formulate a winning defense
The most successful defenses are based on omitted, misdescribed, or illegible required elements. Therefore, I try to frame my defense in defective required elements. For example:
- Firstly, I start by checking the plate #, state, registration expiration date, plate type, make, and body type for mistakes
- After, I verify that the warrior correctly entered the rule and place of occurrence
- Next, I ensure that the warrior correctly entered the essentials for specific violations. For example, a warrior must enter the inspection sticker number and expiration date for an expired inspection violation.
Meanwhile, I always submit the parking ticket and my defense(s) as Exhibit 1
Commentary
Above all, it is insanity to fight parking tickets unless you construct a winning defense. That is to say; you’ll end up with a recurring nightmare that you fight your parking ticket with a worthless defense, lose, and fight again, and lose again. And so on, and so on, and so on.
Likewise, take the time to learn the rules, especially the required elements. And, try your best to couch your defense in terms of omitted, misdescribed, or illegible required elements. For example, I submitted this certified statement to support our defense:
Dear Honorable Judge,
I certify as follows:
I am not guilty of this parking violation because:
-The Place of Occurrence was misdescribed
A place of occurrence must unambiguously describe an existing location. But, the location entered on the ticket, “N/S Evergreen Avenue_18′ East of Melrose Street in Brooklyn,” does not exist.
The correct sides of Evergreen Avenue are East and West.
-The Rule was misdescribed A no-parking anytime rule, R.4-08(d), did not regulate the misdescribed place of occurrence entered on the parking ticket.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-Add certification-
Respectfully submitted,
I got a rogue ALJ (Bruce Mael) that ruthlessly felt that he doesn’t need to abide VTL 237(8) Rule when I submitted an online dispute 3rd time since 10/9/2020. I even attached a PDF file with a screenshot of my email Inbox filtered to specifically show all (hbwdecision@finance.nyc.gov). And he responded as “not credible”. On top of this was both tickets Required Elements (Exp. Date) was omitted. I have a picture of my NJ Inspection/Registration clearly shown on my windshield. How is it that it took them over 1.5 yrs to respond to my dispute and think that the tickets are still valid even I pleaded to VTL 237(8)?
Hi Timmy,
Man, it is never easy!
I’m afraid if your car was registered in NJ and you raised the defense of registration expiration date omitted, the registration expiration date is not displayed. On the other hand, an inspection sticker with the date of expiration is displayed on the windshield. However, the inspection sticker expiration date doesn’t win a dismissal, even if the month and year match the registration expiration date.
Warriors and cops are permitted to enter NS or NA for the registration expiration date of NJ cars.
Meanwhile, I’m happy to take a look at your photo. You can email it to, larry@newyorkparkingticket.com
Regards,
Larry
Dear Mr. Berezin,
We have gotten 3 parking tickets in the city of Brooklyn March and April of 2023 for a car that was sold off to the scrap yard in October 2022. I sent the NYC DoF the receipt from when we surrendered our license plates to the DMV in Bath, NY in which it clearly states “Plates Destroyed Ocotober 10, 2022” and that same guy as mentioned above Bruce Mael did not except this as evidence. We can’t get anyone on the phone and the Summons Advocate that 311 told us to appeal to just sent us an automated email telling us to send in the same evidence we already submitted. We literally no longer own this car! We have proof of cancelled insurance .
We don’t know what else to do. Its hundreds of dollars of parking tickets – and we live in the Finger Lakes – 5 hours away from Brooklyn.
Is there any advice you may have for us and this situation?
Thank you in advance
Best
Hi Mary Jane,
Good afternoon.
I’m sorry to hear about your parking ticket nightmare.
However, this type of challenge comes up frequently, with many unhappy outcomes.
Meanwhile, here’s what the Evil Empire has to say about proving your case:
I would reply to the Summons Advocate and make sure to include proof that you cancelled your insurance policy.
Regards,
Larry