Last Updated on March 3, 2019 by Lawrence Berezin
What you ought to know about refunds and adjournments
Parking ticket refunds and adjournments. Joe just got the good news. He won his appeal and his parking ticket was dismissed. After a while, the thrill of victory subsided and Joe started to wonder, “how do I get my money back?” (Joe paid his parking fine so the Evil Empire would consider his appeal).
Sue was sure she was right. There was no way she parked in a no standing zone. So, she requested a hearing online.
Sue entered her defense certification in the tiny box and then clicked the button to “add evidence.” She uploaded her exhibits and submitted ’em. She made a screen grab of the evidence upload confirmation, just for when.
[alert type=”info” icon-size=”hide-icon”]Sue’s case was adjourned[/alert]
Ten days later, Sue received a Decision and Order from the Evil Empire granting a 30-day adjournment to allow Sue to submit her evidence. “Yikes, I’ve already submitted my exhibits.” What does Sue do next?
These are just two of the myriad questions about refunds and adjournments that confound the NYC driving public.
Parking ticket refunds
There are a few ways that a driver is entitled to a refund, such as:
- You overpay the parking fine
- You win your appeal
- Your car was booted and towed and you win your parking ticket dispute
[alert type=”info” icon-size=”hide-icon”]Here’s what happens next.[/alert]
Violation paid by the registered owner
- The Department of Finance automatically refunds parking, red light, and bus lane camera violation overpayments within thirty days. A check made out to the registered owner will be mailed to the address on the vehicle’s registration.
- To request a refund because you won your parking dispute at a hearing or after an appeal you should complete a refund form.
Violation paid by someone other than the registered owner
- If someone other than the registered owner paid too much and was entitled to a refund, or was a driver and won their parking dispute, that person must file a refund form.
- Booting refunds are not sent automatically
- A Parking and Camera Violations Refund Form must be submitted for booting refunds
- You cannot request a boot refund online
- Checks are sent for the refund
- Tow refunds are not sent automatically.
- You have the option of requesting a tow refund online or by mail.
- If you have proof that needs to be submitted, please submit your request form along with copies of your proof by mail. Do not submit originals.
- Checks are sent for the refund
-In order to claim a boot or tow refund, the related summons(es) must have been dismissed.
Hearing adjourned for 30-days
There are different reasons why a parking ticket hearing may be adjourned, for example:
- Evidence wasn’t submitted to prove a defense
- Evidence wasn’t connected to defense certification
- A judge needs further proof
[alert type=”info” icon-size=”hide-icon”]Let’s take Sue’s case step-by-step[/alert]
The three slides below is what a 30-day Adjournment Decision and Order looks like. Sue was shocked because she submitted her exhibits.
[Larry’s comment: Please, always make a screen grab of the Evidence Upload Confirmation. Sue was glad she did].
What happened to Sue’s Exhibits?
From time to time your defense certification and evidence will get disconnected. In other words, the judge got your certification but not your exhibits. Under these circumstances, a judge will grant a 30-day adjournment to permit you to mail your evidence to the Evil Empire.
But, you’re thinking, “I submitted my exhibits online and can prove it, so why do I have to mail all my exhibits again?” Believe me, I know it is a royal pain in the buttofsky, but I recommend re-submitting all your proofs, with the following cover letter and include the Evidence Upload Confirmation screen grab. Otherwise, you will rip your hair out trying to convince the Evil Empire to look for your evidence.
Department of Finance
P.O. Box 29014
Brooklyn, NY 11202-9014
Dear Honorable judge,
In connection with the above-captioned matter, we submitted our defense certification and exhibits online on February 7, 2017.
Subsequently, we received a letter from the Honorable Leslie E. Comans granting a 30-day adjournment
See, attached decision
In response to Judge Comans’ decision, attached please:
-My defense certification
-The Evidence Upload Confirmation
I trust your honor is now in a position to make a decision on my case.
What if I get another Decision and Order in the next several days finding me guilty? I didn’t even re-submit my exhibits.
Here’s what probably happened. Either:
-The Evil Empire found your exhibits, connected them to your defense certification, and rendered a verdict or,
-Another judge decided to find you guilty without the evidence
My recommendation is to file an appeal
-If you can determine by reading the judge’s decision that he didn’t consider your exhibits, argue that you submitted your exhibits, your case was adjourned, in the interim, another judge made a decision without the exhibits, and submit your original defense certification and exhibits with the appeal
-If the judge considered your exhibits because the Evil Empire found ’em, then you have to persuade an appeals panel that the original judge made a mistake of law or fact based on the evidence you submitted.
A big thank you goes out to Mike, who inspired this topic with a question on the blog.
Have you ever made a mistake involving an NYC parking ticket? I know I have. Here’s a post you may find helpful
Can you guess how many parking tickets were issued in FY2017? 10-20 or 10M?