Last Updated on April 25, 2023 by Lawrence Berezin
Unfair NYC parking tickets can be easy to beat.
You can defeat unjust NYC parking tickets. Above all, victory can be yours if you follow some simple steps.
Firstly, let’s take care of the mental health element.
- Gently remove the parking ticket from under the wiper
- Squeeze the life out of the evil thing and roll it into a ball
- Next, depending on the weather, either toss the evil ticket into the back seat, or
- Throw it on the ground and step on it one time
- Immediately get back into your chariot and
- Let out a loud, primal scream
Next, gather evidence to beat the unjust NYC parking ticket
Most importantly, do not, I repeat, do not leave the scene of the parking violation, a.k.a. the place of occurrence, without carefully examining the front of the ticket for omitted, misdescribed, or illegible required elements. Why? Because:
If you find one or more defective required elements, they are your “get out of jail free” cards.
For example:
The TEA must enter the meter number on the parking ticket and not the Zone number. These are two different numbers.
That is to say, a Zone number has only six digits, while a Meter number has seven digits. Likewise, a misdescribed meter number is easy to spot and just as easy to prove.
I suggest you take photos of the parking meter showing the Zone and Machine numbers. This is one way to present the proper proof of an omitted or misdescribed meter number.
For example, the TEA mistakenly entered the Zone number instead of the Meter number in the parking ticket below. Pretty easy, right?
Some states require the owner of a motor vehicle to attach month and year registration expiration stickers to the plate(s). However, some warriors or cops fail to enter the month and year on a parking ticket, despite being required to do so.
You’ll probably find “N/A” or “N/S” mistakenly entered. That was easy, right?
But, you must present the proper proof that the stickers were attached to the plate on the date and time the parking ticket was issued. Likewise, I recommend taking time-dated photos at the place of occurrence because this way, a judge can’t argue that the stickers were not attached when the parking ticket was issued.
Keep Reading for more valuable unjust NYC parking ticket defenses
A misdescribed place of occurrence is my favorite misdescribed or omitted required element. Likewise, the defense can come in all shapes and sizes. For example:
A warrior or cop can describe the place of occurrence in one of the three acceptable formats, which are:
-Front
-Opposite
-Meters and Bounds
However, the rookie warrior that wrote the parking ticket below probably didn’t attend the place of occurrence class. Meanwhile, he misdescribed the location on the parking ticket as follows, “N/B Henry Hudson Pkwy Service Rd and N24th Street.”
The good news for us is that this description was not entered in an accepted format. Likewise, the case was dismissed. Easy!
Defective metes and bound descriptions are the dismissal gift that keeps on giving. Meanwhile, a typical metes and bounds description looks like this, “N/S (North Side) of _____ Street, 15 feet East of _______Avenue. ” Likewise, here are some common mistakes. For example:
-A warrior entered “ES (East Side) of West End Avenue_5 feet South of W 67th Street in NYC.” However, the two streets didn’t intersect. Therefore, the description of the place of occurrence was defective.
-Another warrior entered “N/S Evergreen Avenue_18′ East of Melrose Street in Brooklyn,” However, the correct sides of Evergreen Avenue are East and West.
Are you getting tired of winning yet?
Keep Reading, s’il vous plait.
Another way to prove that the place of occurrence was misdescribed is to show the rule you were charged with violating did not regulate the place of occurrence. For example:
-A driver was charged with violating the no-standing rule, but the place of occurrence entered on the parking ticket was not regulated by a no-standing rule. Here’s what I argued:
Defense Certification
Dear Honorable Judge,
I certify as follows:
I am not guilty of this violation because:
-The place of occurrence was misdescribed
-The parking rule was misdescribed
A no-standing rule did not regulate the parking space on the East Side of 9th Street_220′ North of 27th Avenue in Queens.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
[Add the certification]
Respectfully,
Exhibits
Outcome?
Case dismissed!
Remember to prepare the proper proof, properly.
For example:
Defense Certification
Dear Honorable Judge,
I certify as follows:
I am not guilty of this parking violation because:
-The TEA misdescribed the place of occurrence.
A place of occurrence must unambiguously describe a unique location. However, the location entered on the ticket, “S/S E165th Street, 4′ W of Grand Concourse, Bronx,” was not unique because the two streets intersected at multiple locations.
Most importantly, I did not park my car 4 feet West of the Grand Concourse because it would have blocked the crosswalk. Likewise, the TEA’s description of the place of occurrence was not credible.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
[Add the certification]
Respectfully submitted,
Exhibits
Outcome?
Case dismissed!
Commentary
You must have a plan to beat unjust NYC parking tickets and stick to it. Most importantly, there are important elements of proof that you must secure while your car is still parked at the place of occurrence. Please, don’t release the primal screen and leave the scene. Get the evidence you need to make winning easy.
Good luck.
FREE Download
Misdescribed, omitted, or illegible required elements are parking ticket gold. That is to say, a warrior or cop must enter these bite-sized bits of information to establish a prima facie case against you.
However, if you find one or more and present the proper proof, properly, you win! Case dismissed.
Don’t miss this opportunity to download Larry’s Required Elements Checklist. You’ll be happy you did.
I recently had a parking ticket dismissed but on after an in person appeal. The entire process was extremely frustrating and completely unfair.
The ticket was issued for parking on. The ‘wrong side’ during alternate side parking. In writing, my defense was that 1) I had a handicapped placard displayed properly AND 2) that the place of occurrence listed was incorrect. I sent in all the proper evidence but I still lost.
The original judge said that I did not provide evidence of the placard being displayed at the time of occurrence. How can you provide such evidence other than a statement that is notarized? Moreover, the defense of incorrect place of occurrence was not even addressed in the Decision. Even if it had been addressed, how can one possibly defend themselves on that issue? How do you prove where your car was parked when a ticket was given?
Luckily, that ‘incorrect’ street listed on the parking ticket HAD NO ALTERNATE SIDE PARKING! On appeal which occurred in person, I used a map from google to show there were no alternate side parking signs on that block. I also testified that the placard was properly displayed when the ticket was issued.
Based on the evidence provided, the parking ticket was dismissed on appeal. I do not understand why this ticket was not dismissed initially when I provided the same evidence on appeal. I think it was just luck or the fact that I actually showed up for the appeal.
However, I would be curious to know how you would go about getting a ticket dismissed as to these exact circumstances if they happen in the future. I have had three tickets previously for alternate side parking (indicating my handicapped placard was not displayed when it was). Also, how can you prove where your car was parked when you were issued a ticket with an incorrect place of occurrence is listed on a ticket?
Thank you!
Hi Claudia,
Good afternoon.
Firstly, major kudos on your passion, appealing the original judge’s bad decision, and your skillful presentation of your winning defense.
Next, you pose two great questions.
1. How can you provide evidence other than a notarized statement?
Here are some options:
-Take a time-dated photo of the properly displayed placard
-Certify that the placard was properly displayed on the date and time that this ticket was issued
-A certified statement from a witness, if possible
2. The defense of incorrect place of occurrence was not even addressed in the Decision.
You may wish to check this blog post for some suggestions on how to fight a misdescribed place of occurrence.
Sadly, judges are not inclined to dismiss a parking ticket unless you can prove that the rule regulating the misdescribed place of occurrence was not the rule you were charged with. In other words, if you were charged with violating the street cleaning rule and the warrior or cop claimed you parked at 123 ABC Street in Brooklyn. But, if you can prove that 123 ABC was not regulated by a street cleaning rule, the judge will dismiss the ticket ( I always check the DOT Parking Regulations Map). Otherwise, if the street cleaning rule regulated the misdescribed and correct location (both locations), most judges will not dismiss the ticket.
Meanwhile, the Evil Empire is trying to make up for lost revenue during the pandemic by enlisting a gaggle of rogue judges who are going to find you guilty regardless of the merits of your defense. Likewise, to get a just result, you must appeal the bad decision (just like you did).
The good news is that the gaggle of misfits is in the minority. Most judges will treat you and your meritorious defense fairly.
Nicely done, Claudia.
Regards,
Larry