Why didn’t Joe get his parking ticket dismissed?
Unbeknownst to Joe, he parked his passenger vehicle in a commercial meter parking area, paid for the time, displayed his muni meter receipt on the dashboard, and went about his business. When he returned to his chariot, Joe found a parking ticket under the wiper. According to one of the Darth Vaders:
Joe couldn’t imagine why he was issued a parking ticket. He paid for the time.
Joe walked to the parking sign that regulated his curb space, read it slowly, and realized that the parking sign displayed a rule that restricted parking to commercial vehicles.
Joe thought to himself. “That is one ^&R$! confusing sign.”
Joe fought his NYC parking ticket
Joe raised two defenses:
- The parking sign was confusing
- I paid for parking
Here’s the letter Joe sent to the Evil Empire in defense of this parking ticket:
The Evil Empire found Joe guilty
Here’s the judge’s decision:
Violation Decisions: OTHR SIGN CLAIM/NON-CODE GUILTY
Violation Number: 123456789-1
Respondent is charged with violating Traffic Rule 4-08(l)(3)(ii) by standing a vehicle in any space on a block where signs are posted designating a commercial parking metered area unless such vehicle is a ‘commercial vehicle’ as defined in section 4-01(b)(i) of the traffic rules or a vehicle with a valid “combination” registration from another state, and unless space is controlled by a parking meter.
Respondent testifies that they parked at the location where the summons was issued and they did not understand what the sign meant.
This is not a valid legal defense. Operators of a vehicle are required to read, understand, and adhere to the signs posted on a particular block before they park their vehicle.
Summons upheld.”
Joe wants to appeal, and raise the following objections to the adverse decision:
Commentary
There were 7 reasons (or more) Joe’s parking ticket was not dismissed:
- If you don’t care enough about your appeal to present it in a respectful and professional manner, neither will the judge
- Plead not guilty. Never pass up the chance to tell the judge that you are not guilty of the parking violation
- Present facts not conclusions. No one wants to be told what to think
- Research your case, present facts that persuade a judge there is only one conclusion for her to reach, and that’s “Not Guilty”
- Just because Sam’s Dad got him a new car, doesn’t mean your dad is going to do the same. If there are other cars on the street without parking tickets, fugetaboutit. It’s not a winning defense
- Just because a cop or warrior had to explain over and over again what the parking signs meant, doesn’t mean the parking sign was per se confusing. Explain why the parking signs were confusing to you
- You’re not running for NYC Council. Don’t waste your time excoriating the Evil Empire to a judge. That’s like telling your best friend you don’t like his girl friend, and learn that he just asked her to marry him
Can you think of any other reasons why Joe didn’t get his parking ticket dismissed? Does Joe have any winning arguments to raise on appeal?
Lawrence Berezin
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Dear Lawrence:
I recently received a $115 ticket for parking in a commercial zone in Manhattan, on W. 18th Street between 5th and 6th Avenue. I was parked on the block for about 20 minutes to do commercial business — I was picking up filmmaking equipment from a big equipment rental distribution business on that block. I paid $4 to the Muni-Meter for the privilege of parking in that spot. I received the summons during the time that my Muni-Meter receipt was still valid. My vehicle, however, does not have commercial plates on it. I have the receipt for my Muni-Meter payment and I have the receipt from the equipment rental distributor that shows I was doing commercial business on the block at the time the parking summons was given to me. I’d like to appeal this summons and I am wondering if I have any law on my side if I was engaged in commercial activity on the block even though my vehicle does not have commercial plates.
Thanks,
Parker.
Parker,
Good morning.
I am sad to say that only chariots bearing commercial plates are eligible to take advantage of the “making a delivery or service call” defense.
Best,
Larry
Dear Lawrence:
I, too, received a $115 ticket for parking in a commercial zone in Manhattan (E. 55th St. between Lexington and 3rd Ave.). I was parked in a No-Standing Zone with my vehicle off, but I was sitting in the driver’s seat (waiting for a delivery from my company to my car, no meter paid), ready to pull out of the spot if needed. The officer pulled up without warning in a police vehicle adjacent to my car, blocking me in and preventing me from departing, and proceeded to immediately write up the ticket without any attempt to communicate with me. I calmly defended my stance through the open window without exiting my car, but she ignored me and left the ticket under my wiper and drove off, never once communicating to me and acting as though I wasn’t even present.
How well can I dispute this ticket?
Thank you,
John D.
Dear John,
Good morning.
Sadly, sitting in your chariot doesn’t legalify stopping, standing or parking in a prohibited zone (except within 15 feet of a fire hydrant).
You cannot sit in your car in a No Standing Zone.
Did you take photographs of the warrior placing the ticket under the wiper while you were seated in the car? If so, I would argue lack of proper personal service.
If not, I would check the comment section to see if the warrior entered the word “sitter.” If so, I would argue lack of personal service and refer to the warrior’s confirming testimony that you were seated in the car.
If not, I would check for omitted, misdescribed, or illegible required elements. If you find one or more, you win upon application.
If not, I would curse and pay the ticket.
Best,
Larry
Dear Lawrence,
I was parked in an area that was marked “No Standing 8 a.m. – 11 a.m. Tuesdays and Fridays” for streetcleaning, and unbeknownst to me, given that it was 3 am when I parked, above the sign was another sign that said “No Standing School Days 7 a.m. – 4 p.m.” Is there any grounds to refute this ticket? I don’t see why there would even be a sign for the street cleaning if one cannot in theory park there already, and it was rather confusing.
Thanks!
Gabe
Dear Gabe,
I am sad to report (after dedicating 6 years, 7-days-per-week with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link
http://newyorkparkingticket.com/passenger-vehicles/
Dear Lawrence,
I too received a summons for parking on a block with ‘no parking, commercial metered zone’ W. 29th between 5th & Broadway.
What I am confused about is the summons with the violation 4-08(l)(ii) states No Standing on it.
How does a no parking violation become a no standing violation?
Can this be disputed?
Thanks,
Annette
Hi Annette,
Good afternoon.
You were charged with a “No Standing” violation, as you correctly referred to as 4-08(j)(ii). If you plug in the place of occurrence on the DOT Parking Regulations Map, you’ll be able to see exactly what rule regulated your parking space (place of occurrence).
If your place of occurrence was regulated by a no parking rule instead of a no standing rule, you win subject to presenting the proper proof.
Good luck.
Regards,
Larry
Dear Lawrence,
I received a summons for parking within 7 feet from hydrant. I happened to have a meter in my car and measured the distance was actutally 15.2 feet. I submitted 2 photos. But jugdge held the 2 photos does not show location of occurance with no measuring device. My photos does show the meter measuring the distance and exact location of occurance. So how can I appeal this?
Hi, Andrew,
I’m sorry to report that I am no longer answering questions on the blog.
Just a little too much for this old guy to keep up with.
Good luck.
Regards,
Larry