Last Updated on August 22, 2022 by Lawrence Berezin
Valuable comments can save you money
I have published 859 blog posts during my 14 years of writing Larry’s Blog. However, the stars of the show are the wonderful people that read the articles and share their valuable comments. Meanwhile, these comments may be questions or reactions to the articles. Most importantly, our website friends are happy to share their knowledge and expertise to answer their fellow driver’s questions.
Here are ten comments that I anticipate will be valuable to our readers.
10 valuable comments
I like how there’s still no mention of the ParkNYC app which eliminates a displayed parking ticket on the dash. I have a ticket for being 4 minutes late, but apparently, the app only shows the parking as “active” or “inactive”, but not how long ago it was inactive. I was adjudicated as “guilty” of a “failure to display the receipt on the dash”, even though the app stipulates you do not, and I was only 4 minutes late (on the 5th minute.)
A great reply from another reader to GL’s comment
GL’s comment above is interesting. I checked the ParkNYC FAQ and it indicated that a receipt can be emailed for a parking session. When I actually tried to do it for a past parking session I was given a “Copy to Clipboard” option; not sure that a text file would be acceptable to the PVB BUT if the hearing examiners have access to the session and payment database (I’m betting they do), then can confirm what would otherwise be a self-serving document. Here’s my last (personal data redacted) parking session:
Type: Non-Gated Parking
Zone #: 211500
Vehicle: Jay (<>)
Started on: Jul 21, 2022, at 12:15:17 PM
Ended on: Jul 21, 2022, at 01:25:17 PM
Duration: 1 hour, and 10 minutes
Parking Cost: $2.00
Transaction Fee: $0.00
Total Cost: $2.00
So let’s say I got a ticket for parking at 1:28 that afternoon…
That’s 3 minutes into my 5-minute grace.
I’m thinking maybe GL didn’t include the receipt data in his argument before the dreaded ALJ/hearing examiner…
Do let me know if I’m wrong!
The way it’s now the agent has to look into your car for the muni ticket, so if I have to run into a store for a minute I look up and down the block to see if I see an agent coming and take my chance. When it goes to the license plate you will have the agents driving in their cars punching in license plate numbers you can’t risk it then. In addition, if they give a ticket from a car you have to hope that they leave a ticket on your windshield.
Thanks for sharing some valuable insights on the pay-by-plate money grab.
“Miles to go before we sleep.”
I have a legal garage. however, the curb is not cut. is it still considered a legal driveway?
No. I’m afraid a legal driveway needs a “curb cut.”
My driveway is large due to the fact I have a two-car garage, but the driveway is the width of 3 cars. People constantly park in my driveway even when there are other places to park on the street. This is a residential neighborhood.
Just tonight I was arguing with two ignorant people. A Man and a Woman. She was saying he is not parked, but yet he is outside of his car and it is running in my driveway. I had to honk him when I came home so he could move.
Once I backed into the driveway he reversed back into my driveway hence the exchange I had with them.
What can I do to prevent this from happening? I feel helpless. Why are people so inconsiderate?
I would be annoyed too!
I would take photos and call the police. Once the police issue a ticket, a towing company can remove the miscreant.
Here’s some more helpful information:
Call 911 to report a vehicle illegally parked in the actual driveway of private property. This is considered trespassing.
“How to Report a Vehicle Blocking Driveway
If a vehicle is Blocking your Driveway, Owners or renters may request enforcement.
1. Call 311.
2. Inform the operator of the location of the vehicle blocking your driveway, plate #, type of vehicle, and model.
3. They will send the cops to your location to ticket the vehicle.
4. As soon as the police are issuing the ticket call us and we will dispatch a tow truck immediately.
How to Report a Vehicle Blocking Driveway NYC | NYC Driveways Law
How to report a Vehicle Blocking Driveway
NYC Blocked Driveway Towing laws
Parking in front of a New York City driveway is illegal. In front of a public or private driveway, except that it shall be permissible for the owner, lessor, or lessee of the lot accessed by a private driveway to park a passenger vehicle. The vehicle needs to be registered to the owner or renters at that address in front of such a driveway.
Make sure to provide that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping, or standing of motor vehicles. This applies to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.
You can report a vehicle that is partially or completely blocking your driveway. The police may ticket the vehicle. If the vehicle has a ticket and you want it moved, you can contact a private towing company. The vehicle owner will have to pay any fees charged for towing. Call 311 to report the vehicle blocking your driveway (Do not call 911).
Blocked Driveway Towing Laws in New York City
The NYC Department of Consumer Affairs (DCA) licenses private companies that tow. No vehicle shall be towed by a towing company from your driveway without a ticket. The vehicle should have a police ticket written. Authorization by the owner of the house or commercial building. This means that if you block a driveway, the owner or renter will notify the appropriate authorities who will summon the vehicle. Then the owner/renter of the residence will give authorization to the towing company to tow the vehicle that’s blocking the driveway. The tow operator will not be able to tow the vehicle without the summons or without authorization from the owner/renter.
Before you allow a private tow truck to hook your car, check the driver’s side of the
vehicle for the company’s name, address, phone number, and DCA license medallion.
The medallion is a metal plate.”
The NYC DOT PPPD Placard exempts you from ASP Rules. I have an active permit and the DOT PPPD department confirmed it.
Thank you so much for sharing your knowledge and experience on this question. You are absolutely correct!
I went back to the Evil Empire and re-read the section on parking permits for people with disabilities.
“The City permit allows the driver to park at most curbsides on city streets including in all “No Parking” zones (except those marked as taxi stands); in “No Parking”, “No Standing” or “Authorized Vehicles Only” spaces authorized for doctors, press, diplomats and government agencies; at metered parking without paying; in “No Standing, Trucks Loading and Unloading” or “Truck Loading Only” zones except for specified restricted hours.”
All “No Parking” zones include “no parking street cleaning” areas.
We all appreciate you fixing the hole in my roof!
How many times one can apply for the PPPD?
I called to ask what was happening with my application and I was told that I had been denied.
I have a displaced SI bone which gives me incredible pain.
Sorry to learn about the unfortunate outcome.
Here’s the scoop:
► What happens if my permit application or renewal is denied?
City permit appeals:
If your permit application or renewal is denied, you should receive a letter from DOT telling you it has been denied. This letter should also tell you how to appeal the denial. If you want to appeal, you have 30 business days from the date of your denial letter to request an appeal. Either send a letter to DOT requesting an appeal, or fill out the appeal form online. (You can find the online
form here: http://epermits.nyc.gov/ePermits/Wf/Login_Frame_htm.jsp).
Requesting an appeal means you are asking for a reassessment. Depending on the reason DOT denied your appeal, DOT might have DOHMH doctors review your medical files or reexamine you in person. The doctor involved in
the appeal must be different from the doctor who was involved with your application.
If your appeal is denied, you cannot reapply for a permit for the same condition unless your condition significantly worsens.
State permit appeals:
If your permit application or renewal is denied and you wish to have your application reviewed again, you should call DOT at 718-433-3100 right away for information.
Thank you Lawrence for all your help! All the very best for your service to the community!
Very kind of you to say, Raja. It means a lot to me.
I received a summons for failing to display my registration I had a temporary registration on the dashboard and the traffic ignored or missed it I can send in a copy of my temporary registration however that is not enough proof that I had it displayed how can I prove something like that they should accept my claim?
Sorry to learn about your painful parking experience.
Excellent question. However, the answer is a little knotty. But, here are some tips.
-Let’s start with the rule, 4-08(j):
(3) Vehicles must display valid registration stickers. No person shall stand or park a vehicle bearing a New York plate or plates unless it properly displays a current registration sticker.
That is to say, the rule requires 1. Proper Display and 2. Current sticker.
In your case, the warrior ignored the temporary registration certificate on the dashboard and charged you with a registration that was not current (expired)
-Therefore. our challenge is to persuade a judge that on the date and time this evil ticket was issued, you complied with both prongs of the rule
-A time/dated photo of the temporary registration on the dash and the expired registration sticker on the windshield that was taken shortly after the ticket was issued at the location the ticket was issued.
On the other hand, if you don’t have this “Get out of jail free” photo, here are some “next best” suggestions.
-Everyone loves a great story. So, start with your story.
How to present the evidence:
-Photos and temporary registration certificates should be in exhibits (I use Apple Keynote. and Microsoft presentation is just as good).
-Captions on exhibits to briefly explain photos
-Your defense statement should either be a sworn affidavit (best) or certified by you as true and accurate reproductions of originals
-Witness statements should be hand-written by the witness and include a relationship to you and that the testimony is truthful.
Let us know how you do, Mike.
We are rooting for you!
Regarding the appeal of a “net” opinion, I am curious whether a guilty verdict that I received would fall into that category. (Unfortunately, this was several years ago, so it is too late for me to file an appeal.)
I received a ticket for violation of street cleaning (alternate side parking) rules, despite the fact that a had a valid NYC parking permit for the physically disabled displayed on my windshield as per the DOT instructions for using the permit. The ALJ issued a guilty verdict, in which he stated that while I had successfully proven that I was the holder of a valid permit, I had failed to prove that I had the permit displayed when the ticket was issued. I felt that this was an arbitrary and illogical ruling since it defies logic to assume that someone would go through the difficult process of obtaining the permit and then would not display it.
I also felt that proving that it was displayed at the time the ticket was issued was an unreasonable task since the only way to do so would be for me to be present when the ticket was issued, in order to photograph the traffic agent actually placing the ticket on the car with the permit visible. After all, any other photograph of the permit on my windshield would only prove that it was displayed when the photo was taken, but would not definitively prove that it was displayed when the ticket was issued.
It is my understanding that showing a parking meter receipt that was in effect at the time that a parking meter violation is issued is considered to be an affirmative defense, without having to prove that the receipt was displayed. I feel that the rule for using a PPPD should be the same: As long as you can prove that a valid PPPD was in effect for the license plate to which the ticket was issued at the time that it was issued, that should be considered an affirmative defense.
Thanks for your excellent, well-reasoned comment.
I totally agree with your recommendation.
Here’s a little background noise:
-The prior law regarding the display of parking time receipts was that a driver had to prove the receipt was displayed on the dash when the ticket was issued. However, for the reasons you so ably articulated, rogue judges found drivers guilty despite proof of payment. Subsequently, the law was amended. Now, all you have to do is prove payment and a judge must dismiss the failure to display tickets.
Fast forward to your situation. Since there is no specific law or rule that mandates a dismissal when the owner of the car has a PPPD, but obviously can’t prove “display,” rogue judges abuse this loophole. The best solution may be a rule or law change to mandate a dismissal if the owner of the car proves he/she had a valid PPPD.
Meanwhile, the rogue judge’s decision was not a “net” opinion in your case. It was just a bad, unjust decision.
Be safe. Mike.
Do you always read the comments on a blog? You can find some wonderful information and knowledgeable people that share their solutions to your challenges.
Meanwhile, I love it when our website friends take their valuable time to share their comments and knowledge with us.
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