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Fight your NYC parking ticket on-line at your own risk

Posted by Larry Berezin on Wed, Mar 18, 2009 @ 01:39 PM
 
nyc parking ticket, fight new york city parking ticket

Shame on you Department of Finance. How can you offer an on-line hearing to the unsuspecting driving public without explaining the rules of the game? Here's your secret:

 

  • The parking ticket is a sworn statement by the parking enforcement warrior
  • The driving public's on-line testimony is not under oath 
  • Therefore, you assign greater weight to a parking ticket than the driving public's unsworn, on-line testimony

 

In other words, private citizen you lose!

The NY Supreme Court criticized this practice in a recent court decision Young v. New York City Department of Finance Parking Violations Adjudications

The Court stated that under the standard practiced by the Department of Finance parking ticket adjudication bureau, compliance with the respondent's on-line procedures would be an exercise in futility. It constitutes a gross violation of the driving public's due process rights, and would be an illusory alternative to a paper or in-person response.

The NY Supreme Court went on to say that once the defendant presents testimony that is "not patently incredible", the summons must be dismissed absent the submission of additional evidence by the DOF to meet its burden of proof.

Here are some suggestions:

 

  • Think twice before agreeing to an on-line hearing of your NYC parking ticket dispute;
  • Request an in-person hearing to fight your New York City parking ticket; or
  • Request a paper hearing and submit affidavits and proper documents to support your defense

 

If you still wish to request an on-line hearing, inquire at the outset of the hearing whether the Judge is going to follow the process enunciated by the NY Supreme Court in the Young case.

beat parking ticket, parking ticket nyc

Have any of our readers disputed their nyc parking tickets in an on-line hearing? Please share your experiences. It will be a great help to all of us. Please comment. Your opinion matters! 

 

 

If you found this article helpful, you may wish to share it with your friends. Simply click on the above social media buttons of your choice. Thanks, Larry

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Comments

I submitted for multiple paper hearing, and my statement have been flatly rejected. You do not get present any counterclaim, and their don't allow appeals, saying you only get one hearing per ticket. I plan on showing up in court in person. 
 
 
 
We're talking about 3 tickets: 
 
 
 
1. Bus stop. No sign delineating the bus stop zone. Car parked 88 feet from actual bus stop. Sign was put up some weeks lates. 
 
 
 
2. Registration. Car registered, forgot to affix sticker to windshield. Evidence of registration present. 
 
 
 
3. Hydrant. Very common spot where i see cars of all sizes parked all the time. Curb not painted (it is painted in the zone closer to the hydrant).  
 
 
 
I consider all 3 tickets to be blatantly unfair, and all 3 have been rejected in a paper hearing.
Posted @ Saturday, September 19, 2009 8:33 AM by Vlad
My recommendation is never drive in NYC if it's avoidable, I've been arrested 10 years later for an infraction in an upstate county, by the NYPD, I pled guilty in Putnam Cty, and truly believed I paid the $100 fine, however suffice to say having moved to another state to reside and not being aware of the circumstances of the $100 being owed, I would have paid this when arrested in NYC, to avoid any further involvement with the Law, also penaltie. After being pulled over, arrested, jailed, fingerprinted and photographed, I appeared in court, I asked the Legal Aid Society Atty. to please tell me why I was arrested, she looked stunned and asked "don't you know?" you can't drive in NY State or City, the Judge told me the total is court fees plus original fines etc, I asked for time to look into the exact cronological sequence of events that led to my arrest, the judge, the atty. the court officers, even the sternographer looked stunned, the judge said ok fine, appear at a later date, I then did my home work and found out that I did pled guilty to speeding in Putman Cty. however the town clerk didn't receive the payment of $100, by the time I calculated the true cost of this 10 year old infraction ( that's what the judge said it is) the cost was in excess of $1000, my advice DON'T DRIVE IN NYC IF AVOIDABLE, you won't win.
Posted @ Saturday, October 31, 2009 3:21 PM by GLC
One: Why is an NYPD ex-commissioner now in jail? NYPD corruption that is why.  
 
 
 
Two: There are plenty of hot-spots where drugs are openly being dealt all over the bronx and Harlem and other parts of NYC while NYPD dedicates all its time and manpower to bleeding law abiding citizens with ridiculous amounts of fines for non-moving violations. 
 
This is not right Mr. Bloomberg!
Posted @ Wednesday, November 11, 2009 9:37 AM by julio zelaya
To Julio and GLC, 
 
Thanks for sharing your absolute nightmare of an experience, and you opinions with our visitors and friends. I think we must hark back to the days of old merry England when the punishment for stealing a loaf of bread was to cut off your hand. 
 
In the world of NYC parking tickets, the punishment rarely fits the crime. The fines and penalties are really revenue raisers. Your advice is well taken. 
 
Posted @ Wednesday, November 11, 2009 3:24 PM by Larry Berezin
I just received my first parking ticket (ever) and it was for parking at a NO STANDING zone, which I did not know what NO STANDING meant until now. Being from PA, I really questioned myself for parking there, not knowing what it meant, but did so anyway. As I was on my way back to my car, the officer was writing the ticket. I explained and pleaded my case, saying that I honestly had no idea what it meant and he said he would let me go, but because he started the ticket already, he had to give it to me. I want to fight this, as pure ignorance to the meaning of their signs....any advice?
Posted @ Tuesday, December 01, 2009 12:54 PM by Kelly
Kelly, 
You pose an excellent question, which is "is ignorance of a parking rule an excuse." Unfortunately, the answer is no. 
 
I suggest checking for defects on the face of the parking ticket. If none, apply for a reduction. Thanks for coming all the way from PA to visit our web site. 
 
Good luck.
Posted @ Tuesday, December 01, 2009 7:56 PM by Larry Berezin
NYC wins no matter what you do. Fair trials do not exist. 
 
 
 
I have had several tickets that were issued incorrectly. When I appeared in person, I got a man in a cubicle, wearing a monkey suit, pretending to be a Judge. Heard my case that I had my registration sticker fall off due to NYC ordering stickers with cheap glue. Issuing officer noted in ticket "sticker was on dashboard" 
 
Still found me guilty of not properly displaying sticker. 
 
 
 
All you get from going to court is a wasted day, travel costs, parking costs. Maybe even a parking ticket while you are in court waiting for five hours. 
 
 
 
NYC denies people their rights and I think a class action suit is called for. Young's case in Supreme Court still did not change the way NYC operates online hearings. They still deny evidence and operate a sham hearing. 
 
 
 
I settled a ticket online and paid same day. The bastards have now charged me $60.00 in penalties on the $9.00 settlement discount due to an error thata does not show the settlement even though I have the email. 
 
 
 
Bloomberg and his fraudulent police officers, "judges" in cubicles and other enables of this fraud should all be jailed. 
 
 
 
Sean
Posted @ Friday, December 11, 2009 2:11 PM by Sean Fulda
My car received a parking ticket for street cleaning when someone else was driving it. I have 2 questions: 
 
1. As a general rule, will NYC "negotiate down" street-cleaning violation ticket$ even if you are in the wrong? 
 
2. On this particular ticket, there is an error on recording my license plate. It appears to use a 0 (zero) instead of the letter O. (I am coming from CA.) What is the best way to contest this ticket so as to not have to pay? 
 
Thank you for your information. 
Posted @ Monday, April 26, 2010 11:02 AM by Julia
Julia 
Great questions.  
You will receive an offer for a reduced fine for the street cleaning ticket. You may wish to check out my blog article, "How to apply for a fine reduction." 
 
We once challenged a parking ticket for a misplaced 0 vs. o. We lost. I don't think a judge will dismiss your ticket for that reason. I suggest applying for a reduced fine. Tough City! 
 
Thanks for visiting.  
Good luck.
Posted @ Sunday, May 02, 2010 4:32 PM by Larry Berezin
Kangaroo courts filled with attorneys that know their sweet deal for extra cash will be in jeopardy if they don't hit their numbers.....FUCK YOU BLOOMBERG. DOUBLE FUCK YOU ALBANY.
Posted @ Tuesday, May 11, 2010 4:32 PM by TRUTH
"exercise in futility" I don;t think that responding a parking summons on the website can constitute an exercise in futility, since the Digital Act calls for online communications to be deemed legit. Mere emails agreements have been found to be a legitimate contract in open court. 
 
I happen to buy a car for "I offer you 5000 dollars, tax included" from a car dealer who advertised my car in the lot for $11,590, SOLELY because the dealer replied to my email by saying: "COME AND GET IT"
Posted @ Friday, July 16, 2010 10:05 AM by Italo Rulli
Italo, 
 
Thank you for taking your valuable time to visit our website and share you opinion. I hear what you're saying. 
 
However, it has been our experience in order to successfully fight a NYC parking ticket you must generally submit some sort of document, photograph or witness certification. The online dispute process does NOT allow you to submit a document, photograph or witness certification.  
 
So, for example, if your defense is the expiration date on your ticket is incorrect, you must submit a copy of the registration. Another example is if you dispute the accuracy of a parking sign, you are required to submit photographs of all parking signs on a block. A third example, if you are charged with blocking the box and have a passenger in your car who agrees to provide you with a witness statement, you cannot submit it when you dispute your parking ticket online. 
 
Credibility is always an issue in any dispute. How do you propose to overcome the fact that a parking ticket issued by a warrior is her sworn statement; while your mere uncertified or unsworn statement in a little box on the DOF website will be accorded less weight than the warrior's. Why start off in a hole? 
 
An online promise to sell a car at a fixed price is a valid offer, which you have a right to accept. 
What does an online promise to sell have to do with disputing a parking ticket online? How do you expect to submit a photograph, document, or witness statement to properly prove your case when the DOF online hearing doesn't allow it? 
 
I do not want any member of the driving public falling into the online dispute trap to fight a parking ticket they cannot possibly win online. 
 
I look forward to your reply and continuing our conversation. 
Posted @ Friday, July 16, 2010 10:32 AM by lawrence berezin
I just got an offer for a reduced rate. I had received a phone call indicating that no one had heard from my mother in a few days and was on my way to meet the security officer. I paid for my meter but put the ticket in the window upside down due to the fact I was upset and rushing. I submitted by mail the paid meter receipt for the time in question, a letter and a copy of the death certificate. Should I pay the reduced fine or take my chances and let it go to a hearing? It feels like Deal or No Deal...
Posted @ Monday, August 23, 2010 10:14 AM by Diana
I got a ticket for parking in a school zone (No parking 7-4 school days) on December 27th. I went online and pointed out that there was no school on Dec 27th because it was part of the Christmas vacation.  
The only response I got was how this was not a compelling argument. 
Now I understand why.Thank you for the info.
Posted @ Monday, September 06, 2010 9:10 PM by Sheldon
Sheldon, 
 
Thanks for sharing your sad but true parking experience with us. Much appreciated! 
 
Don't be a stranger.
Posted @ Thursday, September 09, 2010 10:00 AM by Larry Berezin
I got a ticket at the St.George ferry Terminal parking lot. The red sign there read that a Permit from DOT is needed to park in this section. I did pay for parking for that day, and did leave it clearly on the dash. That parking slip was indeed issued by the NYC DOT. 
 
Don't I have a case that the sign is ambiguous (in that, some other, special, DOT issued permit is needed), and that I believe I was following the instructions. 
 
Any chance someone can snap a picture of the red parking sign and send it to me???
Posted @ Wednesday, October 13, 2010 10:53 AM by Richard
Richard, 
I love your passion, and admire the thought involved in formulating your proposed defense. If this was other than fighting a NYC parking ticket, you'd win. 
 
The big but is there is very little room for creativity in defending against a parking ticket in NYC. The fact there was a red sign authorizing permit parking, and technically you placed a receipt, not permit on your dash board will probably mitigate against a dismissal. 
 
You may wish to consider applying for a fine reduction on this one. If you choose to fight, I suggest submitting a photograph of the parking sign, a copy of your receipt, and tell you story in Affidavit form. 
 
Let us know the outcome. 
Good luck.
Posted @ Wednesday, October 13, 2010 11:28 AM by Larry Berezin
So I submitted online. They disregarded the notation/comment on the ticket that I did not have a parking permit in the window since there was no sign on the entire block requiring one. Also, my car is a Honda Odyssey, the ticket listed it as a Chevy Suburban (a very different type of vehicle)and this monkey still wrote it was a sufficiently close description for an out of State vehicle. What a sham. 
 
Can I now request an-in person appeal/hearing? I'll still have to pay but the longer I can stretch this out, at east it's a partial victory for truth.
Posted @ Friday, November 05, 2010 9:46 AM by RDE
RDE, 
 
I don't think Honda and Chevy would agree with the rogue parking ticket judge. Bad decision, more in line with fund raising than justice.  
 
Sorry about your rude treatment. Your next step is to appeal this bad decision. You have 30 days from the date the fund raising receipt was issued. 
 
Let us know how you do. 
Good luck.
Posted @ Friday, November 05, 2010 11:45 AM by Larry Berezin
I just received another bullsh*t ticket from NYC. Despite having my keys in my hand and running from my workplace, the soulless traffic pig gave me a 95 dollar ticket for parking in a loading zone 5 minutes before the restriction would have been lifted anyway. Its Sunday morning, I'm at work early because this marathon shut down the bridge. He also gave 5 other cars tickets as well. I probably wouldn't mind paying these violations if the scumbags in Albany knew how to spend our money. My question is what if we all decided not to pay for any tickets? If collectively we were not to pay any fines what would happen?
Posted @ Sunday, November 07, 2010 8:25 AM by Jarod
I just got my letter from Financial department which shown Ihave owned $35 plus another fine 10 bucks. I know I never have the parking violation. My first ticket from a so called officer in flushing ny I realized. Just feel the officer really has the moral problem. coz I was just paying my parking fee, the asshole came out to scan my car. When I approach my car to place my meter ticket in my car. she realized she wrongful scan my car. while when she did something wrong as least let me know I got the violation ticket, However, she just left and didn't even give me the violation ticket. that is why I got another extra 10 bucks fine for the late payment. really cannot believe the city now, assuming these ppl scan your car for no reason on street wrongfully, I really don't know how you can fight for if you never know. coz usually we didn't keep our parking meter receipts for more than few months. Maybe we have to check governt site for violation everyday, make jsure we are "safe". Anyway, please always keep your parking meter receipt which can save your at least 35 bucks, that is what i have learned.
Posted @ Thursday, November 11, 2010 8:55 PM by HE
HE, 
Thanks for sharing your parking ticket experience with us. You raise a great point. If you're not properly served with the notice of summons at the scene of your alleged parking crime, how can you preserve the evidence that will set you free? 
 
Wow. 
Tough challenge. 
Great "heads up." 
 
Any similar experiences?
Posted @ Friday, November 12, 2010 2:14 PM by Larry Berezin
I have a question. I received 2 tickets for an expired inspection sticker, at 8am on 11/14 and 7am on 11/15. I had leased the car on 11/2 one year ago, so I assumed, my inspection sticker would be good until end of Nov of 2010, but not so. I took care of the inspection on Mon 11/15 (first business day after the tickets). I'm fine paying for the first ticket, but is it possible to get the 2nd one dismissed - same violation within 24 hrs? Many thanks.
Posted @ Sunday, November 21, 2010 12:09 PM by Vlad
Vlad, 
Great question. 
There is a difference of opinion about whether the second parking ticket must be issued in the SAME day; or whether it is within 24 hours from the time the first ticket is issued. 
 
Your options are: 
1. Apply for a reduced fine 
2. Fight the second parking ticket because it was issued within 24 hours of the first; and explain as you did here, that you took care of the inspection on Monday 11/15, which was the first business day. 
 
I would apply for the reduction on the first ticket, and fight the second ticket. Please let me know your choice, Vlad 
 
Good luck.
Posted @ Monday, November 22, 2010 11:30 AM by Larry Berezin
I drove my Subaru pickup truck with a trailer from Denver to 94th and Columbus to move my mother to Colorado. The trailer meant that I could not use a regular parking spot.  
 
Got a ticket in a 'trucks only' zone where I had paid the muni-meter fee and posted the ticket.  
 
The comments stipulated 3 conditions: 
1 - no driver - do I have to hire someone to stand by my car? Impossibility #1 
2- No permit - on the website nyc.gov, there is no listing for a temporary permit for my situation. There are other permits, but none that would apply to me. Impossibility #2. 
3 - Not commercial vehicle- I understand (now) that 'NYC' is the answer to the question "When is a truck not a truck" - NYC changed the definition of truck to commercial vehicle, but does not post it on signs. Misleading signage, as far as I am concerned. Isn't it safe to say that no reasonable person would assume that 'Truck does not = Truck'?  
(On the ticket, my vehicle was listed as suburban, not pickup, is this a sufficient defect to get the ticket killed?)  
 
Therefore, this means there is no legal way for me to park to load furniture out of my mother's apt!(I was shooed away by Parking Enforcement officer when I tried to double park.)  
This gives the words 'Prisoner of NY' a whole new meaning!  
 
Back in CO, I will appeal this in writing.  
Thoughts? strategies? 
Posted @ Tuesday, November 23, 2010 3:04 PM by Robert
Robert, 
Thanks for visiting our website and sharing your nasty parking experience. You are now a proud member of the exploited masses of the NYC driving public. 
 
I'll need: 
1.Your parking ticket 10 digit  
number 
2.A copy of your registration 
 
Once I look at your documents, I post a reply with my humble opinion. 
 
Posted @ Tuesday, November 23, 2010 3:32 PM by Larry Berezin
I sometimes take my car to work. I am a NYC Public School teacher. I have R.I. Plates(BIG MISTAKE HAVING OUT OF STATE PLATES IN NYC->TICKET TARGET x 20). There are not enough Dept of Education Spots outside my school(near union sq.)..There are PLENTY of Parking spots on a few streets nearby but only have 1HR spots (at 2.50$/hr)... 
THIS IS A DIRECT VIOLATION OF THE CONSTITUTION (BILL OF RIGHTS, 8th AMENDMENT) which protects me from CRUEL AND UNUSUAL PUNISHMENT (nor excessive fines imposed) 
65$ for an extra 10 minutes of parking that does not disturb any traffic nor take a spot someone else could use(THERE ARE ALWAYS PLENTY OF SPOTS OPEN....ALWAYS) is EXTREMELY excessive for overtime parking(which was paid, but a few minutes late)... 
other times: 
I have gotten tickets when I was in the car!!!!!had pulled over in a NO-STANDING zone to get out of the car and let my girlfriend drive..I was grabbing my briefcase in back seat and all of a sudden a meter-maid(DEVIL in disguise) runs up.....car still running 
this has happened twice.. 
 
THESE PEOPLE NEED TO BE STOPPED. THIS IS EXTREMELY UNFAIR 
Posted @ Thursday, January 13, 2011 10:34 PM by Fight the power
Fight the power, 
Thanks for visiting our website and sharing your NYC parking experiences with us. You stopped at the right spot to point out these inequities, which are shared by many of our readers.  
 
Be safe. 
Good luck.
Posted @ Saturday, January 15, 2011 10:02 AM by Larry Berezin
After the recent big snow storm I received a parking ticket for parking zero feet in front of a fire hydrant. I took pictures showing the hydrant was completely obstructed by snow and there was no way I could have known I was parking in front of the hydrant which appeared as an open space. I decided to use the Online hearing as the pictures showed I wasn't guilty. BIG MISTAKE! About 1 week after I submitted the online hearing, I received the verdict "Guilty" no documentary evidence was submitted. What a scam! NYC should be ashamed of themselves. I know the pictures uploaded as their site acknowledged it. Another example of the city taking advantage of law abiding citizens who's time is worth more that to fight a ticket in person. This whole online hearing system should be scrutinized by the attorney general. Don't ever use the online hearing system if you want any chance of getting your ticket dismissed.
Posted @ Saturday, February 26, 2011 8:59 PM by Bill
Bill, 
Thank you very much for sharing your parking ticket experience. I have been ranting about foregoing online hearings for months on end, and all I hear is nightmare stories like  
yours. 
 
Why won't people listen?  
 
Learning is a relentless repetitive process, so... 
 
DON'T FIGHT YOUR PARKING TICKET ONLINE!! 
 
Thanks for giving me another opportunity to send this message.  
Posted @ Saturday, February 26, 2011 9:06 PM by Larry Berezin
The City's new online parking ticket dispute page is a complete joke. I uploaded the pictures to prove I was not in a parking zone at all when I got a ticket for not displaying a muni-meter receipt and they just lowered my fine by $6.00 Now they want me to take a day off work if I want to prove I was innocent. They are just taking your money, this is insane.
Posted @ Thursday, April 28, 2011 6:22 AM by Tommy
Last year I successfully fought a defective ticket for being parked at meter during alternate side times. The location as written on the ticket did not exist (I was wrong, but so was the cop :) ). I did this by mail, with a Google map. 
 
Last Thursday I received the same type of ticket, with a similar defect. In this case, the location does exist, but neither side of the block indicated on the ticket has alternate side on Thursday (wrong direction again :) ). Should I take pictures of both sides of the entire block, or can I submit records from DOT showing what signs are officially there?
Posted @ Thursday, May 05, 2011 11:37 AM by Victor
Victor, 
 
I am very sorry for the delay in responding to your excellent question.  
 
The more proper proof, the better. I would do both. You may also wish to include my Elvis Presley defense. Send a post card to the non-existent address, made out to "occupant." The US Post Office will return your post card marked, "Return to sender, no such address." Make sure you include your return address. It is a great piece of evidence in your favor. 
 
Good luck. 
Posted @ Monday, May 16, 2011 5:46 PM by Larry Berezin
Tommy, 
 
I hear you. I'm going to try this wonder tool myself, and report on my experience.  
 
Stay tuned... 
 
Thanks for joining the conversation. I apologize for the delay in responding to your terrific comment.
Posted @ Monday, May 16, 2011 5:48 PM by Larry Berezin
Fighting a No Standing violation because there are no signs on the block. Trying to upload photos but system will not let me as the security code does not work. Question: Can I send the ticket in a dispute by mail also?
Posted @ Saturday, October 29, 2011 3:00 PM by Alexander Kaspar
The system of online hearing was setup for a different purpose than most people think. Here's the situation. I got a parking ticket and owe the City $60. I don't get paid time off from work as I am a full time contractor. Iif I have to go to DMV to contest the ticket it would cost me more than $100 for a half day. Letting go $100 at work to contest a $60 ticket that I may or may not win is absurd (Kinda like stepping on a dollar to pick up a penny). The City knows this and is exploiting the situation of the people who are in such situations.
Posted @ Friday, July 13, 2012 8:56 AM by Zakaria
Zakaria, 
 
Good morning. 
By g-d, you got it! 
 
Thanks for joining the conversation. 
Best, 
Larry
Posted @ Saturday, July 14, 2012 9:48 AM by lawrence berezin
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