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
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.
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