Last Updated on October 12, 2017 by Lawrence Berezin
When you fight an NYC parking ticket does this happen to you?
“The place of occurrence was misdescribed on my parking ticket, but the hearing officer did not dismiss my NYC parking ticket!”
“I stopped temporarily to drop off my wife for her doctor’s appointment in a no standing zone, but the judge did not dismiss my NYC parking ticket!”
“I was right on the law, but the hearing officer still found me guilty!”
You need two rights to win a parking ticket fight
I spent one year listening and learning from our website visitors, friends, and clients. It is now absolutely, positively clear to me why many of our parking ticket fighters are fighting the good fight; but losing the war. Here’s why:
- You know the parking ticket law; but,
- You do not know how to present the proper proof properly to beat your NYC parking ticket!
For example, let’s take the first quote above, “The place of occurrence was misdescribed on my parking ticket, but the hearing official still found me guilty!” How do you prove a location does not exist? Here’s one suggestion:
- Mail a letter addressed to yourself at the place of occurrence inserted on your parking ticket. If the address does not exist, your letter will be returned to you (sender), with the notation, address unknown; or no such number. Offer the letter as proof the place of occurrence inserted on your parking ticket does not exist*
You win because you had “two rights.” You were right on the law (a misdescribed required element entitles you to a dismissal of your parking ticket), and you were right about presenting the proper proof properly (a letter marked by the US Post Office that no such address exists).
What about the second cry for help above,”I stopped temporarily to drop off my wife for her doctor’s appointment in a no standing zone, but the judge did not dismiss my parking ticket”:
- You are right about the law. You are permitted to stop temporarily to drop off a passenger in a no standing zone; but,
- You did not present the proper proof properly to persuade a hearing official to dismiss your parking ticket
Here are some suggestions:
- Present an AFFIDAVIT not a letter explaining why you stopped temporarily (2 minutes or less) at the location.
- Your AFFIDAVIT must be sufficiently detailed to persuade a hearing officer that you only stopped temporarily. In other words, you stopped, dropped and immediately re-entered a travel lane
- Present a WITNESS AFFIDAVIT OR CERTIFICATION from your wife telling why she was dropped off at the location
- Present a letter from your wife’s doctor, on his stationery, stating that your wife had a doctor’s appointment at a specific time
Commentary
Two rights win your fight. You must be right on the law and present the proper proof properly.
Please share your experiences fighting NYC parking tickets with us. Let us know what evidence you presented to win or lose your case.
Please comment. Your opinion really matters to all of us.
*[Larry’s note: This excellent idea is suggested by Louis Camporeale in his book, “The New York City Parking Survival Guide,” (Parking Pal Company Inc. 20070]
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