Last Updated on August 2, 2021 by Lawrence Berezin
Required element errors are the best defense to unjust parking tickets
A required element that is omitted, misdescribed, or illegible is a driver’s best friend. Moreover, I have been fighting NYC parking tickets for twelve years. And, I still get excited when I find a defective required element on a client’s ticket. That is to say; It is a huge hip-hip-hooray that lasts the entire day.
Meanwhile, once you identify a defective required element, you are still not out of the woods. To cash in, you gotta present the proper proof properly.
To clarify, a get-out-of-jail-free card is only as good as the proof you present to the judge. For example, if the body type of your NY registered car was misdescribed, it isn’t good enough to swear in writing that the body type was wrong.
(1)You gotta show the registration sticker attached to your windshield when the ticket was issued. And,(2)the body type entered on the evil ticket did not match the body type on the sticker.
Your keys to victory straight from the Evil Empire’s mouth
The Evil Empire was kind enough to publish a list of all the required elements with brief descriptions. Yes, really! Here’s a link
I want to review the elements with you. Some of the elements need a bit more information so we can apply them correctly.
Let’s take a closer look at the list of required elements one at a time.
- Plate number_I wish everything in life was this easy. If the plate number on the ticket doesn’t match the plate number on your plate, you win. Game, set, match.
- Plate Type_The Warrior or Cop must enter the plate type on the parking ticket that appears on the registration sticker for cars born in New York. However, if you car was born out-of-state, the plate type must appear on the plate or a windshield sticker. If not, the correct entry is “N/S,” or “N/A.”
- Make or Model_The make or model must be an exact match regardless of the birth state of the vehicle. The make or model does not have to appear anywhere on the vehicle, including the windshield or plate. Case dismissed. [Alert: Some rogue judges will find us guilty if “N/S” or “N/S” are entered on the ticket and claim the make or model must be displayed on the vehicle. That is absolutely incorrect. I would appeal that bad decision!]
Let’s continue our required element journey
- Body Type_The Eviil Empire asserts that the body type of a NY registered vehicle must prcisely match the sticker/registration. On the other hand, the body type for an out-of-state vehicle must only be “reasonably accurate.” I totally disagree. There is no basis in the rule,s law, or case law that supports this view (See, “Rogue Parking Ticket Judges are Unjustly Rejecting Body Type Defenses”)
- State of Registration_That goodness the entry has to be correct not reasonably accurate.
- The next few element discriptions are captain obvious and don’t need a bravo from me
- The place where the ticket was issued, etc._There is a third format called, “Metes and Bounds.” For example, N/S Third Avenue, 20 feet East of 45th Street in NYC.” That means North Side of Third Avenue. Always check to make sure the side of the street was correctly entered. Over the years, I have experienced many hip-hip-hoorays because the Warrior or Cop guessed North instead of East.
- Expiration date of registration or inspection if the charge is for expiration_The Warriors or Cops required to enter the inspection sticker number in addition.
Parking sign restrictions
Some good stuff here
I need to flesh out the 5-minute grace period. It’s not enough to say it exists for parking meters and restrictive hour zones without more. For example, do you apply the grace period to the beginning or end of street cleaning time limits? When does the grace period start and end when you purchase time on a muni-meter? And more.
In the same vein, you may want to read this blog post to fill in the blanks. You’ll be glad you did,
The Evil Empire will punish you if your car “straddles” a parking sign. To clarify, if a tiny part of your car barely touches the restricted zone, you lose.
The Evil Empire states, “Where there are two signs posted affecting the same area, but with conflicting restrictions, follow the less restrictive sign.” If you believe that, I will sell you the Brooklyn bridge for 40% off. No way.
Please follow the MORE restrictive rule, and you have a much better chance of not getting a parking ticket. For example, no standing anytime trumps no parking 7 am to 4 pm. Trust me and my 12 years of battle zone experience.
This is the end of Part One of our required element journey. I must tip my hat to the Evil Empire and the Darth Vaders who prepared this webpage. Helpful information.
But, I’ll continue with Part Two next Monday.
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