Posted by Frank Giovacco on Tue, Jul 27, 2010 @ 06:37 PM
What's the story?
Our heroine, Claire Meadow, was issued a parking ticket in NYC for parking 5 feet from a fire hydrant. She decided to contest the parking ticket. Ms. Meadow read the back of the ticket, checked the not guilty box, and mailed the parking ticket to the PVB. Ms. Meadow expected to receive notification of a hearing date. Instead, she was found guilty.
Ms. Meadow did not understand by checking the not guilty box on the back of the NYC parking ticket, she requested a hearing by mail. Since she failed to submit any documents to prove her defense, she lost.
Appeals Process
Our heroine has the heart of a lion. She filed an appeal in the PVB, which she lost. Then, Ms. Meadow filed an application for an Article 78 hearing in the NY Supreme Court. She lost her hearing.
Fortunately for all of us, Ms. Meadow appealed the adverse Supreme Court decision to the NY Appellate Division.
Her theory of the case
Ms. Meadow argued before the Appellate Division the notice on the back of the parking ticket does not clearly inform her that by mailing the ticket back with a not-guilty plea, she thereby consents to adjudication solely on the basis of the summons and any documents submitted by mail, without the "hearing" provided for in Administrative Code § 19-206 and 19 RCNY 39-08.
The Appellate Division agreed with Ms. Meadow, and reversed the prior bad decisions.
The great part of all of this is a decision by the Appellate Division is BINDING on the PVB. In other words, the PVB must enforce this decision, instead of ignoring it.
Larry's commentary
When you're right-FIGHT. We tip our hat to Ms. Meadows for putting her principles first. This is yet another example of the inflexible manner in which parking rules and regulations are enforced by the PVB judges, who are pressured to find you guilty.
It was obvious the instructions on the back of the parking ticket were not clear. So, why not give Ms. Meadow an opportunity to be heard? The consequence is the appellate division gave the PVB a spanking, and now the PVB is stuck with a decision they must follow.
Click on the picture of NYC Supreme Court Building in the photograph below for your FREE download
Meadows v. NYC Dept. of Finance, Motor Vehicles
Have you made the same mistake made by our heroine? What action did you take to make things right? Please share your experiences. They help all of us.
Posted by Larry Berezin on Tue, Jul 27, 2010 @ 07:23 AM
With a little help from my friends
One of our great friends, Ricky, asked me a question about the parking rule displayed on the above sign . "Can I park in a metered parking space regulated by this sign after 5:30 PM? How long? Do I have to feed the toll on a poll?
I was about to answer Ricky, when I realized I had no clue. I thought to myself, is NYC going to allow the driving public to park for free after 5:30 PM?
Ricky called a nearby police precinct station, and was told essentially, don't worry, be happy. You can park there for free until 8:30 AM
The next morning
Ricky sent me an Email the next morning, "I parked all night for free. No parking ticket! I'm was thrilled for our great friend Ricky; but I'm still worried it may be the old sleeping crocodile myth.
So, I sent a tweet on Twitter to the NYC_DOT (By the way, the DOT is very helpful and responds quickly to questions on Twitter). The answer is, "You can park for FREE!"
Wow. Free parking on the street. Amazing. Here's a FREE Download of my exact conversation with the NYC_DOT. There are screen captures of the NYC_DOT's response.
Here's A FREE Download of my conversation on Twitter with the NYC_DOT.
Posted by Larry Berezin on Mon, Jul 26, 2010 @ 04:02 PM
Awaiting Governor Paterson's Signature
A Bill sponsored in the Senate by Attorney General candidate Eric Schneiderman is now getting plenty of attention from Mayor Bloomberg, and his Chancellor of the Exchequer, David Frankel. The Bill aims to protect people in bankruptcy or financial crisis from losing their last dollar to creditors, putting items out of creditors’ reach like homes worth less than $150,000 and wedding rings worth less than $1,000.
However, when city lawyers reviewed the bill, they discovered it would also bar creditors – including cities – from seizing vehicles worth $4,000 or less. That’s $4,000 after outstanding loans, so even luxury cars – Lamborghinis and BMWs – would be protected from towing if they’re heavily financed.
Asleep at the Wheel
The Bill passed both chambers of the NYC legislature by huge majorities with very little fanfare. However, NYC did not realize that $50M worth of towing revenue was in play. Mayor Bloomberg immediately dashed off a letter to Gov. Paterson stating:
"Once it becomes common knowledge that most vehicles will be completely exempt from scofflaw towing, collection rates will drop. With the loss of towing as a deterrent, the change is also likely to increase illegal parking, endangering public safety."
City officials say the rules would virtually end their practice of towing cars whose drivers have racked up more than $350 in parking tickets.
"It is impossible to expect marshals and sheriffs in the field - even if they had a Kelley Blue Book - to be able to determine the value of a car after loans and other liens are considered," said a furious David Frankel, the city's finance commissioner."
Governor Paterson will receive the Bill for his consideration in the next few weeks.
Senator Schneiderman's response
"This legislation will ensure that, in these tough economic times, low-income working families who go into debt do not become destitute and entirely dependent on state aid," said Justin Berhaupt, Schneiderman's legislative director."
Larry's Commentary
The Mayor's arguments lack substance. C'mon, who are they kidding...The City is concerned about public safety? Now that vehicles having a value of $4000 (less loans) may be exempt from the hook, everyone is going to rush to park in front of fire hydrants and invade bus stops? Don't be silly.
Show NYC the money, plain and simple. What I love about this Bill is it may create an impetus to address the myriad abuses and liberties taken by warriors and towers. You mean to tell me that a car parked at 2AM in front of a legal pedestrian ramp is towed away because of concerns about public safety?
Your vehicle can be towed for any reason at all. If you get one parking ticket you can be towed because all of NYC is a tow away zone. If you are issued a parking ticket and have $101 in judgment you can be towed. If you have $350 in judgment you can be towed by a marshall or sheriff.
Blue book, my eye. Prevent towing vehicles with outstanding parking ticket judgments...No way. NYC will do what they always do about following the City and State parking rules and laws; NYC will simply ignor the laws they don't like.
[Source: The Daily News]
Do you think Governor Paterson will sign this Bill? Will Senator Schneiderman accomodate Mayor Bloomberg's concerns and agree to revise the Bill? Please post your comments, we'd love to know what you think about this.
Posted by Larry Berezin on Sun, Jul 25, 2010 @ 06:45 AM
Are you surprised?
Fox 5 News interviewed one former and several present parking ticket judges about the behind the scene politics of the PVB. You've probably heard the saying, "Justice is Blind." Well, unfortunately in the PVB, justice is blind, deaf and dumb.
This incredible investigative report reveals some of the draconian practices of the PVB. For example, judges are not employees of the PVB, nor are they civil servants with any benefits or protection. They are simply per diem worker bees, who are at the mercy of the powers-to-be for their continued "employment."
Judges are expected to hear 10 cases per hour; or 70 hearings by mail per day. And, Their Honors are required to report the number of "GUILTIES, and not guilties." As one judge put it, these practices have a chilling effect on a judge's ability to do justice.
Abuse of Power
The chief judge of the PVB recently sent around a memo to all the judges making it very clear the they do not have to follow the decisions of the NY Supreme Court in favor of the driving public (It's true, but...). Wait until you hear the action taken by the chief judge to attempt to keep certain NYC parking ticket issues from being heard by the Supreme Court.
A Supreme Court judge recently ruled in favor of a member of the driving public in Meyers v. NYC Department of Finance holding, ready for this, the PVB practice of requiring you to pay your parking fine before hearing your appeal is UNENFORCEABLE! Here's a download of Meyers v. NYC Department of Finance.
I wish to tip our collective hat, and give the judges who do the right thing a standing ovation. Thank you! And, a special thanks to the judges who spoke out against these grotesque practices. Bravo!
The solution is so simple. If a member of the driving public didn't do the parking crime, try this....DISMISS THE PARKING TICKET.
Show me the money
Who runs the PVB? The NYC_DOF. Need I say more.
Without further adieu, here's Johnny....
Please share your reactions to this report. Will these practices ever change? What action can we take to fight this state of affairs in the PVB?
[Larry's note: A special "shout-out" and a hip, hip hooray goes out to our great friend, Josh Alpert for giving me a Sunday morning heads up about the Fox 5 report. Thanks, Josh.
Posted by Frank Giovacco on Fri, Jul 23, 2010 @ 10:56 AM
"Traffic Conundrums"
Gridlock Sam Schwartz, the former Traffic Commissioner of NYC, authored a book called, "Traffic Conundrums". I purchased the book, read it, and love it. Gridlock Sam asks and answers forty-three (43) questions about NYC traffic and parking challenges. It is a quick read, colorful illustrations, and chock full of valuable information.
Knowledge is power
Here is a sneak preview of some of the knowledge you'll receive in Gridlock Sam's book:
- What is the Statute of Limitations on a NYC parking ticket?
- 8 years, 3 months from the date your ticket was issued
- Can I park my motor vehicle in a space where a parking sign or parking meter authorizes parking; even though my motor vehicle is closer than fifteen (15) feet from a fire hydrant?
- YES. RCNY 4-08 (e)(2) provides, in part, stopping is prohibited within fifteen (15) feet of a fire hydrant, "...unless otherwise indicated by sign or parking meters..."
- From what point on my motor vehicle do I measure the distance to a fire hydrant to determine whether it's closer than fifteen (15) feet?
- You measure from the REAR BUMPER of your motor vehicle to the pump (Not the rear wheels).
- You find a parking meter with thirty minutes (30) remaining on it, in a one hour (1) parking zone. May you reactivate the meter for an additional one (1) hour after the thirty (30) minutes remaining on the meter expires?
- NO. You cannot park in a one (1) hour parking zone for more than one (1) hour. However, if it was a two (2) hour parking zone, you are permitted to reactivate the meter, as long as you do not remain in the space for more than two (2) hours. See 4-08 (h)(1)
- Do you have to feed the meter when you park your motor cycle in a metered parking space?
- That depends...If you park your bike in between cars parked at the meters, and the meters are activated; you don't have to feed the meter. The bike must be angle parked, with the tire touching the curb. The big but is, if the paying car leaves the space, and time runs out on the meter, you're toast
There is much more valuable and interesting information in the book.
ROI
The price of the book is $12.95. If you avoid one (1) absurdly expensive NYC parking ticket....Priceless.
If you have the book, or purchase the book, please let us know how you fared on the questions? Are you a NYC parking Master of the Universe?
(Larry's disclosure-The opinions expressed in this article are my opinions about the book. I was not paid any money, or any thing of value to publish my opinions)
Posted by Larry Berezin on Mon, Jul 19, 2010 @ 04:21 PM
We are going to leave the parking sign contest open until 
Wednesday, July 21, 2010 at noon. Winners will be announced at 5:00PM on Wednesday. Good luck!
...The envelope, please
The first person to post the correct answers to all the parking signs, our new MASTER OF THE PARKING UNIVERSE IS:
ROLAND
We would like to thank all of you for your participation, and terrific answers. Here is how you scored:
- Josh: #2 incorrect
- James: #2 incorrect
- Michael: #2,3 incorrect
- Jed: 100%
- Al: 100%
Prize & Buttons
Roland: Please let us know whether you'd like us to mail your $50 check, or would you prefer being paid through PayPal?
We will send you an Email on or before Friday with a link to claim your Buttons.
Again, these signs weren't easy; especially if you're trying to make a decision in 4 seconds in NYC traffic. All of you did a excellent job!
Posted by Larry Berezin on Thu, Jul 15, 2010 @ 12:54 PM
Just like reading an NFL defense
There are similarities between reading a football team's defensive scheme and understanding a NYC parking sign. For example, a quarterback has 4 seconds or less to read a defense and release the ball. The driving public searching for a parking space has 4 seconds or less to understand a parking sign, and answer the question, can I park here?
Parking sign checklist
A pro quarterback is coached to check off his receivers. If the primary receiver is covered, he knows where to look for each secondary receiver. Here is a checklist to help you park safely.
- Red you're dead: As a general rule, a red parking sign is poison to the parking public. It generally says, NO PARKING, NO STANDING, or NO STOPPING...ANY TIME. Keep driving!
- One (1) "EXCEPT": If a sign has one "except," and you're driving a private passenger vehicle, it generally means, move along little dogie. For example, a common "except" is No Standing "except" commercial vehicles. Or, No Standing "except" trucks loading or unloading. Or, No parking "except authorized vehicles."
- Two (2) "EXCEPTS": As a general rule, when you are confronted by a parking sign that says, NO PARKING, with two (2) "excepts," look first at the days/hours following the second "except." It generally designates the day/hours you are permitted to park. For example, NO STANDING, "except" commercial vehicles, 10AM to 4PM M-Fri, "except" Sunday means all motor vehicles are permitted to park without fear of receiving a NYC parking ticket and parking fine on the day following the second "except," which in this example, is Sunday; and furthermore:
- Only commercial vehicles can park between the hours of 10AM to 4PM on Monday through Friday.
- All MOTOR VEHICLES ARE PERMITTED TO PARK ON MONDAY THROUGH FRIDAY BEFORE 10AM AND AFTER 4PM
- ALL motor vehicles can park all day Saturday and Sunday
- The three headed monster on the gotcha pole. It takes five years for a pro quarterback to master his trade. It takes about the same amount of time for the driving public to understand the rules displayed by three parking signs on one pole. Here are some tips:
- Read the signs from top to bottom. The top sign is generally the most restrictive
-
Look for the red you're dead sign, and obey it! If it says no parking, any time, no need to read any further. Move along little dogie
-
Look for the one (1) "except" parking sign because it generally eliminates legal parking during certain days/hours for private passenger vehicles
-
If it takes you more than 4-5 seconds to decide whether you can park safely, your pocket is starting to collapse, and you risk a "sack" by a parking ticket warrior charging you with double parking...My advice is to move along little dogie
Don't forget the arrows
The arrow on the bottom of a sign designates the direction(s) of the parking space(s) regulated by the rule displayed on the parking sign. For example, if the arrow points to your left, the rule displayed on the parking sign regulates all of the parking spaces to the left; UNTIL the next parking sign or the end of the block. Remember, one parking sign at the far end of the block may regulate your parking space. "The sign was far away" is not a defense to a NYC parking ticket.
A parking sign test
Here's my challenge. Put your parking sign I.Q to the test. The next blog post contains some parking signs. Read each sign in four (4) seconds, and tell me whether you can park safely in a parking space regulated by the sign.
The prize for a score of 90% or better is a button to embed in your website/blog proclaiming to the world you are a master of the NYC parking universe.
The first person to correctly post his/her answers to the question posed in the next blog article wins a $50.00 cash prize.
Please publish your comment with your answers to the test. Good luck. Park safely!
Posted by Larry Berezin on Thu, Jul 15, 2010 @ 12:53 PM
The rules
Read all the signs on each gotcha pole in four (4) seconds or less and answer the question, "When, and in which direction, can I park here safely with a private passenger vehicle?" Post a comment containing your answers
There are ten (10) separate parking signs on five (5) gotcha poles to read, understand, and answer the question set forth in the previous paragrph. If you score a 90% correctamundo rate or better, you win a Master of the NYC Parking Universe button to embed in your website/blog.
The FIRST person to post a comment correctly answering the foregoing question for all 10 parking signs wins a $50 cash prize, in addition to a button.
Decision of the judges is final! No parking sign disputes, please.
How much money in parking fines will you save? Let's begin!
The parking signs
1. This parking sign is too confusing, so I'm removing it from the contest. Can a passenger vehicle park safely between Midnight-7AM, M-Fri? Do you have to pay the muni-meter between Midnight-7AM on M-F? Or, is NYC giving us some free parking time between Midnight-7AM?
2. A passsenger vehicle can park safely to the Right of the parking sign, 4PM-10AM, M-SAT, and all day Sunday
3. A passenger vehicle can park safely to the RIGHT, M-Sat, 6P-8A and all day Sunday
4. A passenger vehicle can park safely to the LEFT M-Sat, 7PM-7AM and all day Sunday
5. A passenger vehicle can park safely to the left all days, all times; EXCEPT during street cleaning on Monday, 8-9:30AM
How'd you do? Are you a Master of the NYC Parking Universe? The only way to know if you can read a parking sign without incurring a parking fine is to TAKE THE TEST!
.
Posted by Larry Berezin on Wed, Jul 14, 2010 @ 09:00 AM
Do you know there is a two (2) step process to raise the broken parking meter defense?
Don't be a victim of "Now you tell me." Make sure you know the answers to these three (3) questions before NYC reaches into your wallet and fines you for the wrong answer.
According to the DOF website, here's the correct way to assert a "my parking meter was broken or running too fast" defense.
"A broken meter may - or may not - absolve you from liability in a parking violation. At a broken meter (one that is not working at all or is too fast) parking is allowed for the maximum time lawfully allowed at that meter (an hour for a 1-hour meter, two hours for a 2-hour meter, etc.). If you were issued a ticket for an expired meter violation and the meter was broken, you must send your plea of "Not Guilty" to a different claim unit so that your claim can be substantiated.
Check "Broken Meter" in the third box at the bottom of the back of the ticket. This is an administrative claim, not a request for a hearing. Send the ticket to:
NYC Department of Finance Meter Unit
P.O. Box 29021
Cadman Plaza Station
Brooklyn, NY 11202-9021
- If your meter claim is valid, the ticket will be dismissed.
- If your meter claim is denied, it will automatically be put in for a hearing on the ticket. If you have other evidence for an additional defense, you should send copies of that with your original meter claim."
Can you park at a broken Muni-Meter?
"When a Muni-Meter is out-of order, it will flash a red light, and the display message will read 'machine out of order.' The motorist is required to purchase a parking receipt from the next nearest Muni-Meter on the same block or within the same Municipal Lot. If all Muni-Meters on the block are broken or missing, New York City law permits motorists to park for the time duration posted on the block side signage"
Can you park at one of the 570 bus stops that are no longer active bus stops?
Yes. The big but is you may still be issued a parking ticket. If so, fight your NYC parking ticket. Judges are instructed to dismiss all of these cockamamie, should never have been issued in the first place, parking tickets.
Any one have a "now you tell me" to share? We all love to hear from you.
Posted by Larry Berezin on Tue, Jul 13, 2010 @ 09:12 AM
One of the terrific benefits of being a 
member of a NYC parking ticket community is to learn from other members mistakes. Here are three (3) mistakes to avoid.
Lights, camera...action
When you return to your car, and find the orange icon under your windshield charging you with a parking violation, please, please, please, take a photo before you go. The photo should clearly show the location where your car was parked. You may wish to include a store with a visible street number in the backgound, a street sign, the parking signs regulating your space, and any other landmarks to assist in identifying the location of your car.
Here's why...A client of ours is charged with "NO STANDING M-F, 8A-5P. He insists that he was parked in a space that was regulated by a different sign; but failed to take a photograph of his car, in the space, with identifiable landmarks, at the time he was issued a NYC parking ticket. So, he cannot prove his defense, and will have to apply for a reduced parking fine.
A couple of clicks of the cell phone camera will keep your hard earned dough where it belongs...in your wallet.
My NYC parking ticket was scanned so there can't be any mistakes.
Absolutely, positively, wrong, wrong, wrong. Always check the front of your parking ticket for mistakes. If a required element is omitted, misdescribed or illegible, you can beat your parking ticket.
We find about 1-2% of the scanned parking tickets were review contain mistakes. That's right, 1-2%. What is 2% of 7M parking tickets? One of the best places to look is "place of occurrence." Another great place to look is "expiration" (registration) for vehicles registered out-of-state.
If your expiration date is clearly displayed on your license plate, the parking ticket warrior must insert the month and year in the space provided on the front of your parking ticket. Oftentimes, the warrior will insert, "N/S" (not shown). You win, upon application.
You can't beat City Hall, so I paid my NYC parking ticket
When you're right-FIGHT! This isn't about money, it's about the freedom to move about your City without fear of an unwarranted $115 parking ticket. It is about justice, and doing the right thing.
If you did the parking crime, and there are no mistakes on the parking ticket, apply for a reduced fine. If there isn't a reduction (fire hydrant, pedestrian ramp, etc.) pay the fine.
The big but is if you didn't do the parking crime, why pay the fine and make a donation to the NYC parking ticket fundraiser? NYC raised about $650 in parking ticket revenue last year. The more unjustified parking tickets you pay without a fight, the greater the reward for NYC and warriors engaging in evil parking ticket tactics.
In most cases where we fight for a client who is right; and present the proper proof, properly, we win. So will you!
Please share your parking ticket mistakes with us. We can use your help.