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.
Here’s why.
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
Commentary
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!
Don’t forget about the Fire Hydrant Map https://www.arcgis.com/home/webmap/viewer.html?webmap=f0a9c0872a2e4fbc9b6be6920626eaf7
Thank you, Victor!
Regards,
Larry
I was incorrectly issued a ticket, that was NOT left on my windshield, for not having the back of my pickup covered. By the time I realized that the ticket had been issued & contacted the authorities about it, it was in judgement. I tried to fight it in person, even appealing the first decision and going up the next level of judges/arbiters, but because it was “in judgement” nobody would dismiss it.
IT SHOULDN’T HAVE BEEN ISSUED TO BEGIN WITH!!!
What do I do if this happens again?
MD
Hi, MD,
Good afternoon.
What a shame.
Once a ticket lapses into judgment, you’ll never, ever get it out unless:
-You’re kidnapped by Martians
-Fall into a coma in Brazil
-Or, get arrested in Uganda
In other words, I would figure out why it happened. If you drive in NYC on a semi-regular basis, I would check my plate online every 30-days just to make sure there wasn’t a ticket issued to my plate.
Good luck
Regards,
Larry
Hi Larry, presumably you would also require this level of detail; photographic, etc, when fighting a ticket for one of us?
Thanks for the excellent post, and not least to Victor for the hydrant map.
Hi, Andrew,
You’re very welcome.
This is the level of detail it takes to consistently beat NYC parking tickets. I almost always double up on the proof to eliminate any wiggle room for the judge to find my client guilty. For example, if the registration expiration date is omitted on a parking ticket for an out-of-state vehicle, I always submit the vehicle registration and photographs of the car showing the month/year expiration date sticker displayed on the plate or windshield.
Plus, I certify that the photographs were taken shortly after the ticket was issued and represent exactly how the car looked when the ticket was issued.
Do I need all that proof? Maybe not for some judges, but other judges may find my client guilty without it. I prefer to offer too much rather than not enough.
Regards,
Larry
Hi. I got a ticket for an expired inspection. However the car was parked in my driveway. Is that legal
Hi Tevorlyn,
Good afternoon.
I’m afraid the expired inspection rule isn’t limited to the public roadway so it appears you can get a ticket for this violation in your driveway.
Sorry.
Regards,
Larry
I was issued a No standing /VC 14 ticket while I was dropping my handicapped child off in front of the hospital in NYC. The ticket agent whom I saw was about 100 feet away in his vehicle clearing other cars out of the no standing anytime zone saw me unloading my handicapped child into his stroller/wheelchair which i grab from the back of my SUV. I receive no ticket from this guy but almost one month later I receive a parking violation warning for not paying the ticket. I pulled a copy off the website and notice that the exp date for registration has the code N/S-NVIS on it. Would this mean that a bad parking ticket since there was not exp date on the ticket. I can also fight ticket by telling judge that it was a quick drop off of my handicapped son for a hospital stay of three days. i have discharge papers, admission papers showing admission time of 2pm , ticket issued at 135 pm. Which its better route to fight ticket?
Hi, Wing,
Sorry to hear about your unjust parking pain.
I would raise both defenses, either online or in person.
Please let us know the outcome, Wing.
Good luck.
Regards,
Larry