Last Updated on January 29, 2019 by Lawrence Berezin
Required elements are parking ticket gold
Required elements have the same effect on NYC parking tickets as Kryptonite has on Superman. They terminate parking tickets with extreme prejudice. Therefore, it behooves each and every member of the driving public to learn:
- What they are
- How to find ‘em
- How to use them to beat NYC parking tickets
There are NY State required elements which differ slightly from NYC required elements. Most parking ticket judges apply the NYC version of required elements. But, a judge may apply NY State required elements under the appropriate circumstances.
Here’s a chart comparing the NY State and NYC versions of required elements. Can you spot the differences?
The who, what, and where of required elements
A required element is a bite-size bit of information that a parking ticket warrior is required to enter on a parking ticket to establish a prima facie case against the driving public. Not all the data entered on a parking ticket is a required element. For example, the year, color, and VIN number of a vehicle are not required elements. The make, plate type, body type and place of location are required elements.
There is a different standard of proof applied to vehicles registered in NY State versus vehicles registered out-of-state. For example, if a vehicle is registered in NY State, a parking ticket warrior is required to enter the month/date/year of registration.
If a vehicle is registered out-of-state and the registration date is not displayed on the plate or windshield, a parking ticket warrior is permitted to enter either “N/S” or “N/A.”
It has been our experience that warriors fail to enter the month/year of registration expiration when little decals are displayed on out-of-state plates. [Quick tip for out-of-state drivers, always make sure the warrior entered the month/year of registration expiration if it seems on the plate or windshield].
Here’s a diagram of all the required elements. Please note that sometimes a bite-size bit of data is a required element and sometimes it’s not. For example, if you receive a parking ticket for “failure to display muni-meter receipt,” the “meter number” and “operational” are not required elements.
However, if you receive a parking ticket for overtime parking, they are required elements.
How to fight and win with a required element
The rules provide that if a required element is omitted, misdescribed, or illegible, a driver or owner is entitled to a dismissal of the parking ticket. [See, 39-02]
For example, if the days/hours a parking rule is in effect is misdescribed (the warrior entered 7A-2P when she should have entered 7A-4P, you win).
The next step is to fight the parking ticket by mail. Present:
- A defense certification explaining your defense
- Exhibits showing the parking sign with the correct days/hours regulated the parking space at the place of occurrence
- Don’t forget to explicitly ask for a dismissal of the parking ticket because the TEA failed to establish a prima facie case
Yea!
Commentary
I love required elements. When a wonderful member of the driving public hires me and my advice (Larry’s Advice) the first thing I do is carefully look at the front of the parking ticket for omitted, misdescribed, required elements. Once you find one and figure out how to present the proper proof, properly, you win. Game, set, match.
You just assassinated Superman.
I just applied a fresh coat of paint to my old, trusty required elements chart. If you’d like your get out of jail free card, click the button below.
Here’s a link to the New York State VTL that has the NY version of required elements.
Hi,
I am trying to find out if a meter number is a required element on a Muni-Meter ticket?
Thank you for your time.
Sorry, I just read the article again, it clearly states that its not a required element.
Yoely,
Good evening.
Thanks for reading the article twice.
By the way, I always had a difficult time remembering when the meter number is and isn’t a required element. So, I figured if I write the answer in a blog post, I can always go back and read it…(that’s why I used meter number as a specific example).
Park safely.
Best,
Larry
Hi,
I just reread the meter part of your required element…..and to me it says…
“if it is a meter violation”…”the meter number”….I believe to read…is required….It then says that it cannot be used solely for describing the location of the violation……But is the meter number that is closest to the violation incident required?? or the meter number from whatever expired muni receipt there is?? if there is one…
Am I reading this all wrong??
Mandy,
Good afternoon.
Super question.
NY version of meter number required element-
“The meter number for a meter violation (where appropriate)”
NYC version of meter number required element-
“The date, time, and particular place of occurrence, and if meter violation, meter number”
The meter number required element has been difficult for me to figure out. Here’s what I’ve come up with…Let’s tart with what constitutes a “meter violation.” For example, failure to display muni meter receipt is NOT a meter violation because it doesn’t depend upon the operational status, or proper functioning of the meter. It’s simply a violation for not displaying your muni meter receipt.
On the other hand, an expired meter, or overtime violation does depend upon the proper functioning of the meter, so the meter number is a required element.
If you display a muni meter receipt on a second muni meter because there was time left over from the first muni meter, and you get a parking ticket for expired meter, than the meter number will be for the muni meter that actually expired (same with overtime violation).
If the parking summons is for a failure to display MM receipt, meter number is not necessary.
Further, every meter number identifies the meter and location. However, it is not sufficient for a warrior to simply enter a meter number to properly describe the place of occurrence (place of occurrence is a separate required element). If the violation requires entry of the meter number, a warrior must still enter a description of the place of location (front of 520 First Avenue, opposite of, or a detailed description).
Whew…I hope this answers your excellent question. If not, please post a follow up and I’ll reply after my nap.
Best,
Larry
If you display a muni meter receipt on a second muni meter because there was time left over from the first muni meter, and you get a parking ticket for expired meter, than the meter number will be for the muni meter that actually expired (same with overtime violation).
I do not fully understand this explanation. I think you are saying that if you have an expired muni receipt in your window and the agent writes the ticket…the muni number is the number that is on the receipt that has expired?? and it doesn’t have to be the muni meter that is closest to the car??
However, I think that the rules are saying that the muni meter number that has to be on the ticket is the one that is closest to the car. that way, the agent has to check to see if a person is at the meter and if the meter is broken. these agents write haphazardly. Perhaps I have read that wrong too, but it doesn’t specifically say in the rules…..but as per your statement from the rule…
” NYC version of meter number required element-
“The date, time, and particular place of occurrence, and if meter violation, meter number”
and if the meter violation,..the meter number (the meter it violated) and then it states that the physical address is also needed and the meter # alone is not sufficint….but it says that the meter number is required…and doesn’t say the meter number from the expired receipt or the meter number from the location…..To me, it means that they have to write the meter number from the location…..but I’m sure I could be wrong about that…..
To make is more confusing, ….if someone buys a receipt from downtown and goes midtown with the same receipt…..and get a ticket for expired muni meter…..He should have to write down the meter number of the place of occurrence….not the meter number from the receipt that is in the window…that way, the agent is required to walk away…check the meter and write it down and make sure it isn’t broken and is in working condition….Since the meter number is required on an expired muni stub….it means it has some meaning…..the meter number from the expired receipt doesn’t say anything…..that is what I think it mean…but like I said…I’m sure it will come back and say..that it is the meter number that is on the receipt, although the what I said makes a lot more sense…..There doesn’t seem to be a point in writing the meter number from the muni receipt….when it says…”the meter number”….I would think it means the meter number of the violation….???
and while I’m replying….if a violation occurred right in front of a visible storefront….does the agent have to write the address…..or can he get away with not even looking up…and write the description of occurrence….when there is a store front number…several of them directly in front of where the car was parked??? There is a whole thing with these questions….but I’m trying to take one thing at a time….
thanks for your help …and response… after rereading your response…I think you are saying what I am saying??? that the meter number has to be that of the one where the violation actually occurred???
Mandy,
I guess if NYC parking laws and rules were clear, I’d be out of business and the Evil Empire wouldn’t write 10M parking tickets per year.
The answer to your last question is Yes. We agree. The warrior is required to enter the meter number where the violation occurs.
Why would the meter number where the MM receipt was purchased be relevant, if I drove away from the first muni meter without incurring a parking violation?
If a receipt with 15 minutes remaining when the receipt is displayed on a dashboard at a second muni meter, 30 minutes elapsing and the car still parked at the second muni meter, no additional time purchased, and a parking ticket issued to the car for muni meter expired…What would that parking ticket have to do with the first muni meter, or visa versa?
Once a driver exits a parking space regulated by a muni meter without a parking ticket and parks in a second parking space regulated by a second muni meter, the second muni meter is the meter connected with the parking violation; regardless of where the MM receipt was purchased.
There are 98 other parking violations, and a gaggle of parking laws. Wow! I’m parking in a garage from now on.
Great talking with you.
Best,
Larry
I JUST SAW A TICKET POSTED UNDER MY PLATE NUMBER. I NEVER RECEIVED THE TICKET, I THOUGHT IT WAS FOR SOMETHING ELSE. HOW DARE THEY MAKE US PROVE OURSELVES RIGHT, WHEN THEY ARE THE WRONG ONES….AND THEN PLAY UNDER THEIR RULES…I AM SO MAD..MY WORDS CAN’T EXPLAIN. HOWEVER, I DID HAVE A QUESTION….THE TICKET SAYS THE MAKE OF THE CAR IS HARL. I DON’T KNOW WHAT THAT MAKE OF A CAR IS…..IS THAT A REQUIRED ELEMENT AND CAN I GET THE TICKET DISMISSED ON THAT…EVERYTHING ELSE DESCRIBES THE CAR THAT I HAVE BEEN DRIVING, BUT THEY NEVER PUT THE TICKET ON THE CAR AND I DON’T THINK THAT I WAS THERE…I’M FURIOUS…AND PRETTY MUCH KNOW WHERE IT COULD COME FROM. SORRY FOR THE LONG MESSAGE….BUT WHAT KIND OF CAR IS A HARL. THERE IS SOMEONE THAT I HAVE BEEN HAVING A PROBLEM WITH WHO DRIVES A HARLY PICK UP DRUNK…AND I DON’T ASSOCIATE WITH HARLY DAVIDSON PEOPLE OR VEHICLE…SO I DON’T KNOW WHY IT WAS ON THIS TICKET…..THE CAR REFERENCED IN THE TICKET IS A HYNDAI….BUT IT IS WRITTEN ON THE SUMMONS AS HARL.
Hi Markie,
Sorry about the ambush.
I don’t blame you for your reaction.
If your vehicle is registered in NY, check your registration. The make listed on the registration is required to match the Make (or abbreviation) entered on the parking ticket.
Good luck.
Best,
Larry
you mentioned that if the decal of registration expiration is on the license plate or windshield of an out-of state car, then the ticket agent is supposed to put it on the summons.
If I received a summons and the agent excluded or N/S the registration expiration and it is on the license plate….would that be enough to get the ticket dismissed. I received a muni meter violation also on the same vehicle and it displayed the expiration date (I have a valid muni meter though), but it did display the expiration date…..If the summons does not display the expiration date when it is on the license plate, is that enough to have the ticket dismissed??? I asked a ticket agent/supervisor and he said that out of state doesn’t have to have the expiration date on it, even if it is on the license plate….but like I said…it was written on another ticket….
and by the way, the ticket that was issued shouldn’t have been issued to my car, I think it was the car in front that he was supposed to ticket and I was in my vehicle at the time…so maybe he couldn’t look for the expiration, but then he would realize that he was writing the ticket to the wrong car and he didn’t want to cancel or start all over??
Markie,
Good afternoon.
Never ask the butcher, baker, candlestick maker, cop, or warrior for parking advice.
Trust me, it’ll cost you.
Out of state plates that display the month and year of registration expiration are
parking ticket gold. You win upon application if the warrior enters N/S or N/A.
If it were me, I’d fight the soon to be vanquished epistle, online. Submit a couple of photographs and your registration. Certify the photographs to be true and accurate images of the plate attached to the car on the date the parking ticket was issued.
Best,
Larry
I received a ticket for failure to use my turn single. For the date of occurance the officer entered my date of birth, will this error allow me to have the ticket dismissed.
Dear Michael,
Good afternoon.
You give me more credit than I deserve.
I don’t handle moving violations.
Our terrific business colleague and friend,
Matt Weiss, Esq. is the go to guy when it
comes to traffic tickets. He’s helped
countless numbers of our clients with
their moving violations.
Here’s a link to Matt’s Website.
https://nytrafficticket.com/
Good luck
Best,
Larry
Larry,
Got hit with an ASP ticket this morning when I stupidly moved my car from the right side to the wrong side at 9am (I live in an 11-12:30pm zone).
HOWEVER, I’ve noticed two things on my ticket and wanted to run them by you here. It’s an out of state vehicle (Ohio).
1) The Make is listed as “OTHER: IMP”. I’m not sure what the IMP is standing for here. The vehicle is an Oldsmobile Intrigue, and labeled as such.
2) While the warrior correctly noted on the ticket that ASP was in affect from 11:00am to 12:30pm, the noted time of violation is 12:14am when s/he really meant 12:14pm.
Are either of these surefire wins in your view?
Thanks,
Tyler
Tyler,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
Larry,
This is fair. Thank you for all your service and I wish you well.
Tyler
Hey Larry
I got a parking ticket earlier today for double parking in Bayside, Queens! I was going through the ticket to see any defects in the ticket! There are two defects, the model year is wrong! I have a 2015 Toyota Camry, whereas in the ticket it said 2016! Does that help me in any way? Also the officer omitted the vin# and the driver/operator section! What are my chances?
I’m sorry Saad, neither defect are required elements…Keep looking. Best, Larry
Yesterday I received a ticket for double parking, while waiting to pick up my boyfriend who was picking our food up at a restaurant. I was inside the car the entire time. when he was coming out, I switched the passenger side so he could get into the drivers seat. As he approached the door, a cop pulled over and began to write a ticket. She did not ask for name, license, or registration for either of us. The car, we rented, has MA plates. On the ticket, the expiration date is not filled in and neither is N/A or N/S, it’s simply blank. The plate section doesn’t have MA checked off, but in the other portion it’s written in, but looks like it says NA. She also stated that she drove around for 30 minutes and seen us there the entire time and then proceeded to give us the ticket, but the ‘offense first seen’ is also blank. We also couldn’t have been there for 30 minutes as we had picked the car up at 6:22pm and the ticket was for 6:40pm.
It also does not have the county checked off.
Dear Rebecca,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
I have read, and am now searching for again, the required PRINTED elements that must be on a parking ticket in NY State.
I have seen NY State law text that says “30 days to appeal” must be printed a statutory size (prominently) on the ticket.
Please advise.
Rob/Catskills Cowboy
ejkrbc@aol.com
Hi Robert,
Seek and ye shall find…https://newyorkparkingticket.com/required-elements-comparing-ny-state-nyc/