The Startling Little Truth About The ParkNYC Mobile App

Last Updated on September 25, 2023 by Lawrence Berezin

Does the ParkNYC Mobile App make paying for parking a breeze?

Yes. But, more importantly, is the ParkNYC Mobile App risk-free? No.

Why not? Here’s the startling little truth

The ParkNYC App has no eraser

In other words, if I press the wrong plate # in the app by mistake, my payment will not register for the plate # of my parked car.

Likewise, when a warrior or cop scans my plate, they will not see that I paid for the parking time. And after that? I will get a $65 ticket for “failure to display (VC38).”

O.K., no worries. How do I correct the mistake? The startling truth is, I can’t, and neither can you!

Why not? Because the Evil Empire does not accept my mistaken plate # entry as a valid defense.

As a result, Guilty! Pay the Evil Empire $65 (in addition to the parking time payment).

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The system will walk you through the payment process. You will need to:

1. Provide the zone number for the side of the street where you are parking.
2. Select the license plate number of the vehicle you are parking.
3. Select the amount of time you want to park.

Make sure that your license plate and zone number information are correct before beginning a parking session, and complete your transaction as soon as you exit your vehicle to avoid a parking violation. If you have multiple vehicles registered on your account, be sure to select the correct plate number for each session. You can receive a violation for using the incorrect license plate number.

Proof of Payment

Paper meter receipts are not issued when using the ParkNYC app. Enforcement officers use your license plate and zone numbers to find out if you have a valid parking session. Make sure that your license plate and zone number information are correct before beginning a parking session and complete your transaction as soon as you exit your vehicle to avoid a parking violation.

NYC 311https://portal.311.nyc.gov/article/?kanumber=KA-01238

Joe tapped the wrong plate # in his NYCParking Mobile App.

And they asked me to fight the failure to display ticket. Likewise, I was happy to help.

Joe’s defense certification

Dear Honorable Judge,

I certify as follows:

I am not guilty of this parking violation because:

I paid for the parking time
-The TEA charged me with failure to display the receipt. But I paid for the parking time using my Park NYC App.

I registered two cars on my app. One was a ______________ bearing plate#______________ . While the other was a___________________ with plate#______________________ . However, when I paid for parking, I mistakenly pressed the plate # for the wrong car.

Likewise,  payment for parking time was assigned to the ________________ instead of the________________ (the car I parked).

Meanwhile, the_______________________is a leased car provided by my employer, and I am the only authorized driver. It was parked at my home in NJ when this parking ticket was issued ( I live with my wife and a 16-year-old son).

I have submitted a series of exhibits in support of my defense.

Due to these circumstances, please dismiss this parking ticket.

Thank you.

-ADD CERTIFICATION¹

Respectfully submitted,

Joe

Exhibits

The Judge’s unjust decision

Violation Decisions: AUTHORIZED VEH/NON-CODE GUILTY Violation Number: 9073892454 

The Respondent has been charged with violating Traffic Rule 4-08(h)(1) by permitting a vehicle to be parked in a parking space controlled by a parking meter for more than the amount of time indicated on a receipt or tag purchased from such machine or failed to display such receipt or tag at municipal on-street or off-street parking spaces where indicated by posted signs.

Respondent claims that the vehicle was authorized to park at the cited location, having paid for parking with the  ParkNYC app and presenting ten images in support of the claim. 

This is an affirmative claim wherein the burden of proof rests with the Respondent. The submitted parking receipt references one plate number, while the summons references another. 

The Respondent’s claim is rejected because the online metered parking payment must reference the correct license plate number for the vehicle for which one seeks parking authorization.

As no persuasive evidence has been presented indicating that the summonsed vehicle was authorized to park at the cited location, the summons is upheld.

Guilty. 

The next step was to appeal Joe’s wrong decision.

Appeal

Addendum to Section C

Summons #:

_____________________________________________________________________

The original Judge made mistakes in law and fact when reaching a guilty verdict. The Appeals Panel should reverse the decision.

I submitted the following defense:

“Dear Honorable Judge,

I certify as follows:

I am not guilty of this parking violation because I paid for the parking time

-The TEA charged me with failure to display the receipt. But I paid for the parking time using my Park NYC App.

I registered two cars on my app. One was a _________________ bearing plate #________________. While the other was a __________________ with plate#____________________. However, when I paid for parking, I mistakenly pressed the plate # for the ____________________. Likewise,  payment for parking time was assigned to the _____________________ instead of the _______________________ (the car I parked).

Meanwhile, the ___________________ is a leased car provided by my employer, and I am the only authorized driver. It was parked at my home in NJ when this parking ticket was issued ( I live with my wife and a 16-year-old son).

I have submitted a series of exhibits in support of my defense.

Due to these circumstances, please dismiss this parking ticket.

Thank you.

-ADD CERTIFICATION²

Respectfully submitted,

Joe

The original Judge found me guilty because:

“The Respondent has been charged with violating Traffic Rule 4-08(h)(1) by permitting a vehicle to be parked in a parking space controlled by a parking meter in excess of the amount of time indicated on a receipt or tag purchased from such machine or failed to display such receipt or tag at municipal on-street or off-street parking spaces where indicated by posted signs.

Respondent claims that the vehicle was authorized to park at the cited location, having paid for parking with the ParkNYC app and presenting 10 images in support of the claim. 

This is an affirmative claim wherein the burden of proof rests with the Respondent. 

The submitted parking receipt references one plate number, while the summons references another. The Respondent’s claim is rejected because the online metered parking payment must reference the correct license plate number for the vehicle for which one seeks parking authorization. As no persuasive evidence has been presented indicating that the summonsed vehicle was authorized to park at the cited location, the summons is upheld. 

Guilty.”

Argument.

Firstly, I certify that I parked my_________________ on the date, time, and location of this parking summons, as confirmed by TEA (See Exhibit 1).

Likewise, I certify that I paid for parking but mistakingly pressed the plate # for my other car, also listed on my Park NYC app. More importantly, I entered the correct zone number for my parking space.

However, the original Judge found me guilty solely because I did not press the correct plate number on the Park NYC App, even though I entered the zone number correctly.

Yet, according to Rule 4-08(h)(3)(b), the only information that must be entered is the zone number, which states:

“(B) A person wishing to purchase parking time via an authorized electronic communication device at a designated location may do so via the authorized mobile payment for parking application by entering the applicable zone number for the side of the block where the vehicle will be parked if the vehicle is parked in an on-street parking zone or the posted zone sign if a vehicle is parked in an off-street parking field.”

Above all, The NYC Department of Finance promulgates rules to implement, interpret, and prescribe law or policy. The Rule’s plain language only makes entry of the correct zone number mandatory. I was entitled to follow this Rule.

Years ago, it was not uncommon for a driver to pay for parking at a muni-meter and fail to correctly display the paid receipt on the dashboard of their car. However, a judge had the discretion to dismiss a parking violation for failure to display if the driver proved that they paid for parking. When a driver presented proof of payment, the City Council and the Commissioner recognized the inconsistency and fundamental unfairness of the guilty outcomes.

Read more

As a result, the Rule made it mandatory for Judges to dismiss failure to display violations when a driver presented the muni meter receipt.

Fast forward to 2023. A Judge has no reason to ignore this “Erase-a-Mistake” Rule just because the payment was made with the Park NYC App. And not at a parking meter that generated a paid receipt to display on the dashboard.

Similarly, my certified testimony, the dated photos, the inferences that can reasonably be drawn, and the common sense and logical conclusions show that I met my burden of proving the affirmative defense.

As a result,  the Judge arbitrarily failed to engage in a thoughtful, fair-minded weighing of all the credible evidence and cannot support a guilty decision.

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).

______________________________________________

EXHIBITS

Commentary

Firstly, kudos to NYC for supporting the development of mobile apps that make it easier and more convenient to pay for parking. The Evil Empire must correct unjustly charging people $65 for tapping the wrong plate number on the app. Likewise, there are many options to correct this injustice, such as:

Footnotes:

1. -I certify that my testimony is true 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 and photos in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued. ↩︎
2. -I certify that my testimony is true 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 and photos in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
   ↩︎
3. Failure to purchase parking time. Notwithstanding any rule or regulation to the contrary, and subject to the provisions of the vehicle and traffic law, where a notice of violation is issued to an owner or operator of a vehicle for the failure to purchase parking time, it shall be an affirmative defense to such violation that such owner or operator purchased parking time for the time such notice of violation was issued or up to five minutes thereafter from a parking meter at the location such notice of violation was issued. Evidence in support of the affirmative defense shall be the presentation, in person or by mail, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter or other suitable evidence, as determined by the hearing officer, that such parking time was purchased. When in such instance, the vehicle is a motorcycle, evidence may be a digital photograph, submitted through the bureau’s website, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter. ↩︎

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