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
- 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
- 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
- More…
[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.
NYC
Department of Finance
P.O. Box 29014
Cadman Plaza
Brooklyn, NY 11202-9014
Summons: 123456789-0
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
-My Exhibits
-The Evidence Upload Confirmation
I trust your honor is now in a position to make a decision on my case.
Thank you.
Respectfully yours,
YOUR NAME
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
Two options:
-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.
Commentary
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?
Thanks for the recent post! Your information is obscenely helpful and benefits so many people. Keep up the great work. As far as appealing a decision, knock on wood it’s been a while since I’ve had to deal with it but from what I recall any time I have lost the language of the decision was very vague and basically only said “was not persuasive” without detailing why or how or on what basis. Almost impossible to appeal that (which is probably why they do it) because an appeal is not a ‘do-over’ as a lot of people think but only a question whether the original judge made a LEGAL error. Factual determinations by the original “judge” making the decision are not appealable. Do you have any insight how to best appeal the vague, “was not persuasive“ decision? I am a lawyer but this is not my practice area. I just happen to have a major pet peeve with parking tickets… most notably the fact that they are under the ‘Department of Finance’ and I’m not sure NYC could have made the conflict of interest any more blatant. Thank you again
Hi, Daniel,
Always great to hear from you.
Excellent observations and questions.
Appeals are challenging. Only 21% are reversed. Here how I approach ’em:
-Did the original judge consider all the evidence I submitted?
-What facts did the judge rely on to support his decision?
-“Unpersuasive” is boilerplate and a net opinion and cannot support a judicial opinion
-Check the comments section on the ticket. You can find parking appeal gold
Here are my arguments on a recent appeal:
The original judge exhibited a bias in favor of the respondent by his failure to engage in a thoughtful, fair-minded weighing of all the credible, evidence.
I testified that this was a bogus ticket and a copy was never placed on my car. I only learned of this ticket when I received a notice three weeks later of an outstanding violation.
Yet, the judge denied my defense because none of my Google images showed my plate. Of course not, my exhibits were Google images. I didn’t have any pictures to present since the parking ticket was not left on my car on the date it was allegedly issued.
Greenwich Street is a busy NYC roadway. Vehicles are parallel parked on both sides of the street. While anything is possible, illegal angle parking opposite this address would be ill-advised. I am sure any vehicle angle parked would be towed. Common sense and 23 years experience as an NYC cop allow me to offer that opinion. It was ignored by the judge because my plate didn’t appear in a Google image.
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).
Please right this wrong and dismiss the parking ticket.
Respectfully submitted,
Here’s another:
It is well-settled law that the make of a car is a mandatory required element. It is one of the five mandatory elements that must be entered on a parking ticket or else the TEA is unable to make a prima facie case.
“Drove off” was not an excuse for omitting the make of my car.
I submitted a series of certified exhibits in support of my defense. Further, the TEA’s comment was puzzling:
“Tow truck operator asked the motorist to move Refused. Drove off while waiting for”
The TEA testified that the tow truck operator gave me a chance to move my car. The TEA was standing next to the tow truck operator at the side of my car during the conversation and remained silent. I complied and moved my car because I didn’t want to get a parking ticket or worse, be towed.
Yet, the judge stated in his opinion that I simply “drove off,” and ignored the full comment as if I decided on my own to move my car.
When I moved my car I had no idea that the TEA was issuing me a ticket.
Further, the TEA’s testimony makes no common sense. Why would I refuse to move my car when not moving my car could result in a parking ticket, tow, and possible arrest?
The original judge exhibited a bias in favor of the respondent by his failure to engage in a thoughtful, fair-minded weighing of all the credible, evidence.
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).
Please right this wrong and dismiss the parking ticket.
Respectfully submitted,
Hello,
I just wanted to ask, in regards to bus stop sign directional arrow. If the top part of a bus stop sign is missing, i.e. the directional arrow part of a sign, is it a proper bus stop sign or not?
Thank you.
Andrew,
Good morning.
Great question.
Email me a photograph of the bus stop sign and I’m happy to take a look
larry@newyorkparkingticket.com
Larry
Hi, I just read through your information here and it is helpful because I got an “adjournment” notice about a ticket and had no idea what it really meant! I thought it might actually mean that they couldn’t make a decision so the case was adjourned and I wouldn’t need to do anything further….I wonder what advice to do you have for me because I parked my vehicle on a street and unbeknownst to me they moved my vehicle for repaving. I didn’t know this until I went back to move it a few days later only to find it missing. 311 couldn’t find it and told me to call the local police precinct; they did have some record of where it was moved. When I found it, there were 2 tickets on the windshield because it was moved to a metered street! So I went on line to fight the 2 tickets. I have heard back only about one of the two tickets and decision says “adjournment” but gives no further direction as to what one is to do. Then I got notice in the mail that there were an additional 2 tickets, totaling 4 tickets! I did go online and checked my plate number and there are only 4 tickets total. I know I should have double checked when I found 2 tickets but I didn’t. And there were no signs on the block I parked, alerting drivers when the block would be repaved. Do you have any advice for me?? I don’t have any evidence to submit because I never took any photos of my vehicle when I initially parked it, I generally don’t take photos every time I park my vehicle but maybe I should?!! 🙂 I appreciate any and all advice! Thank you!
Hi, Gail,
What a shame!
The proof you’ll need to beat the parking tickets comes from the police precinct. It consists of a copy of their entry logs showing the exact location your car was relocated. But, sometimes you can get the run-around from the police. Don’t give up.
Once you have the proof from the police department, you must explain why it took the time it took to locate your car.
Good luck.
Regards,
Larry
Im finding this article many years later, but it is helpful. I had this exact adjournment decision. I parked my vehicle in a street cleaning area, and was towed due to police activity. They only moved my vehicle to another street, and placed NYPD tow paperwork to stop any tickets given. Unfortunately the ticketing agent didnt respect the NYPD signage and still ticketed me. I submitted all this info to the “Evil Empire” and they gave me a 30 day adjournment for no Exhibits, but i submitted them. So I appealed by mailing all the documents stating such and all the proof again via mail. I just received a mailed envelope back from the “Evil Empire” with the decision of documents returned and case is adjourned. That doesn’t give me a decision still. I have no idea what to do next. Appeal again online? No clue.
Hi Anthony,
Good afternoon.
I hear you loud and clear.
Adjournments are like “Ground Hog Day” for the Evil Empire.
I’m happy to read the adjournment letter and offer my recommendation. If you’d like, please take a photo of the letter and email it to, larry@newyorkparkingticket.com.
Likewise, I’ll get back to you the next day.
Be safe.
Regards,
Larry
Hi Larry,
Thanks for all of the great information – your site is incredibly useful.
I got an adjournment for a ticket I received for standing in a school zone (but this particular day was not a school day, and I had copies of the school calendar to prove it). They also didn’t tell me how to submit the additional evidence, but I found what I think is the correct address and mailed in all of my additional evidence 12 days ago, but haven’t heard anything since then. Any idea where I would receive a decision? Would they mail something back?
Thanks so much.
Hi Cat,
Good afternoon.
There are fewer judges and the decisions take longer than in previous years. However, you should receive a decision within 30 days or less from the date you submitted the additional evidence.
Meanwhile, the Evil Empire will email the decision to you. I would also check online for the status..
Good luck fighting the evil ticket.
Regards,
Larry