Last Updated on January 26, 2023 by Lawrence Berezin
Winning parking ticket defenses trump paying parking ticket fines
Meet Walter. He’s one of my favorite characters in Parking Ticket Land. Why? Because he looks for winning parking ticket defenses whenever a warrior gives him an evil parking ticket. Walter is a winner!
Meanwhile, Walter and I have a question. Why would drivers pay a parking ticket, “no questions asked?” This bad habit of freely donating your hard-earned dough to the Evil Empire confuses me. In other words, warriors, cops, and their minions hand out about 10M parking tickets annually. And about 7M of those nasty things are paid without looking for a fight. Yikes!
Likewise, I’m not suggesting you fight a parking ticket to fight. But what I am suggesting is that:
- You carefully examine every ticket
- If you figure out a winning defense
- Fight the good fight
Here are some winning defenses to look for before paying the ticket, no questions asked.
Table of contents
- Winning parking ticket defenses trump paying parking ticket fines
- The first winning defense
- For example
- The misdescribed “Metes and Bounds”is another winning defense
- Larry fought the good fight arguing a misdescribed required element, and won!
- A second way to defend a metes and bounds parking ticket
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The first winning defense
Two ubiquitous parking tickets are for standing and parking illegally. This costly no-parking and no-sanding ticket are a royal pain in the wallet. However, there is a winning defense for both tickets.
Let’s start with the definition of standing.
“Standing” means the stopping of a vehicle, whether occupied or not, otherwise than temporarily for and while engaged in receiving or discharging passengers.”
Let’s review the elements of this costly violation:
“Stopping” means any halting, even momentarily, of a vehicle, whether occupied or not.
You can get a no-standing ticket whether you are seated behind the wheel of your chariot or your chariot is empty.
The adjective temporary describes something that isn’t permanent or lasts only a short time.
You can halt your car for a short time as long as you are really in the act of
Picking up or
People but not packages
Let’s say Winning Walter was dropping off his wife in front of their house when suddenly a warrior popped up from behind a parked car, scanned their sticker, and issued a no-standing ticket. Some of you might pay this expensive $115 parking ticket, “no questions asked.” But, not Winning Walter.
Walter will fight this ticket and present the winning parking ticket defense, “stop, drop, and go.” And Walter should remember to offer:
- A handwritten statement from his wife
- Proof of their home address
- Evidence of their home address matches the place of occurrence entered on the parking ticket.
- Testimony that he was going to leave the space immediately and look for a legal parking space
Walter is a winner. How about you?
The misdescribed “Metes and Bounds”is another winning defense
Have you ever received a parking ticket, checked the description of the place of occurrence, and had no idea how to translate it into plain language? In other words, the warrior or cop probably entered a “metes and bounds” description to identify the place of occurrence. For example,
“E/S Mangin Street, 45′ N/of Baruch Place in NYC,”
The translation of the above metes and bounds description is, “East Side of Mangin Street, 45 feet North of Baruch Place in NYC.” Once you translate the description, the next step is to see whether the location exists. For example,
- Do Mangin Street and Baruch Streets intersect? If not, you win.
- Is there an East Side of Mangin Street? If not, you win.
Larry fought the good fight arguing a misdescribed required element, and won!
Likewise, the misdescribed required element was the place of occurrence because Mangin Street and Baruch Place in NYC did not intersect. Here’s my defense certification and exhibits:
Dear Honorable Judge,
I certify as follows:
I am not guilty of this parking violation because:
-The Place of Occurrence was misdescribed
A place of occurrence must unambiguously describe an existing location. But, the location entered on the ticket, “E/S Mangin Street, 45′ N/of Baruch Place in NYC,” does not exist. That is to say, the TEA misdescribed the metes and bounds description because Mangin Street and Baruch Place do not intersect.
I have submitted a series of exhibits to support my defense.
Due to these circumstances, please dismiss this parking ticket.
-I certify that my testimony is the truth to the best of my knowledge. I fully understand that if my testimony is willfully false, I am subject to punishment
-I certify that the images in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
A second way to defend a metes and bounds parking ticket
Here’s another misdescribed metes and bounds description:
“East Side Garfield Place_35 Feet South of 8th Avenue in Brooklyn”
However, the East Side of Garfield Place in Brooklyn did not exist. The sides of Garfield Street were North and South.
I’m afraid the Evil Empire is trying to make up for lost revenue from the pandemic by issuing a multitudinous number of parking tickets. Likewise, an evil cauldron of rogue judges makes terrible decisions like there’s no tomorrow.
What about the rules? Damn the rules. Full speed ahead.
So, what’s a driver to do? Winning Walter says, when you’re right, fight!
Talking about winning defenses, many parking tickets are issued yearly for expired registration and expired inspection stickers. But the Darth Vaders don’t issue all of these parking tickets correctly. Likewise, knowing how to beat these tickets and other status violations is important.
Here’s a guide to help you identify and fight unjust status violations, “Registration and Inspection Cheat Sheet.”
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