Last Updated on July 5, 2021 by Lawrence Berezin
A parking ticket mistake about proving the place of occurrence
Joe was flabbergasted. He returned to his chariot after a meeting and found an orange epistle under his wiper for parking within 15 feet of a fire hydrant. It must be a parking ticket mistake because there wasn’t a fire hydrant anywhere near his parking space. Joe was going to fight this ticket and win!
Sue was thrilled to find a vacant parking space and pulled right in. She got out of her car and checked the parking signs in front of her car and behind her car. All clear. But, when she returned to the car after her 2 pm doctor’s appointment, she saw a wretched parking ticket reclining on the windshield.
Sue’s parking ticket was for a safety zone violation but there was no safety zone anywhere near her parking space. Sue was going to fight this parking ticket and win!
What happened next shocked Joe and Sue and cost ’em both $115. They were found guilty because they didn’t prove the place of occurrence.
You must present irrefutable proof of the place of occurrence to beat a parking ticket
Here is the photograph Sue submitted to prove there was no safety zone in front of 351 Avery Avenue in Queens, right? But, the judge found there was a parking ticket mistake because Sue did not prove the photograph of her car was taken at the place of occurrence, 351 Avery Avenue in Queens. Ca-ching. This photograph could have been taken anywhere.
Here’s the photograph Joe submitted to prove there wasn’t any fire hydrant within 15 feet of the place of occurrence, N/S E. Houston Street_90 feet West of Avenue B in NYC.
No fire hydrant in the photograph, right? But Joe didn’t prove that the location of his parking space matched the place of occurrence. Guilty as charged. Score another one for the Evil Empire!
Here’s how to present the proper proof of the place of occurrence
I get a bunch of questions about why our friends lost a parking ticket dispute. Many times it is simply the parking ticket mistake of not proving the place of occurrence (location of your parking space).
If your defense is that you didn’t park in a safety zone, the first thing to plan is how to irrefutably prove the location of your parking space. You gotta be sure that it matches the place of occurrence entered on the parking ticket. What good is it to submit a photograph that shows your car parked on the street, if you don’t identify the street and parking space. For example, if the Warrior claimed you parked in front of 351 Avery Avenue in Queens, present evidence of what it looks like in front of 351 Avery Avenue in Queens. Don’t be satisfied with a photograph of your car parked on a City street. How’s the judge to know if it’s 351 Avery Avenue unless you show him in the photograph?
I usually double up on proving the place of occurrence by using live photos and the DOT Parking Regulations Map (image version). Sometimes, I’ll even throw in Google Maps for good measure. Here is another example (5615 8th Avenue was the place of occurrence):
There are times that proving the location of your parking space (place of occurrence) is not easy. It may take a bunch of photos or images. But, if you don’t have the patience and take the time to prepare your exhibits correctly, you’ll lose. I promise!