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

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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.

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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! 

 

 

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
Sean, 
I hear you. You fought the good fight and lost; but when you're right, you have to keep fighting. We all do.  
 
I believe the first step is education. Kudos to you for walking into the hearing armed with the right argument, i.e., defective glue. All hearing officers know it is true.  
 
What I've noticed by listening to many of our clients, friends, and web site visitors is that they possess a good understanding of the parking rule, and the defense. But, the problem may be with execution. I'm not a plumber, an electrician, carpenter or a saint. I've learned a painful lesson. I no longer attempt to perform the work of any of these skilled craftsmen.  
 
I am an attorney, with 33 years of experience. I've appeared at more than 4,000 administrative hearings. I have presented cases before the Appellate Division and NJ Supreme Court. My partner, Dan G our President, has been a successful parking ticket fighter for more than 15 years. We know NYC parking tickets. we are passionate about fighting parking tickets for our clients.  
 
We do our best to educate and answer questions for our Home Depot do-it-your-selfers; but reading about preparing and presenting you case is different that having the experience to perform the task.  
 
If you give a hearing official an opening to find against you, he or she will find against you. I'm curious, how did you try to prove that you had one of those defective stickers? When did your sticker fall off? What prevented you from re-attaching it? How did you persuade a disinterested judge that he should listen to you and find in your favor in 1 minute? How did you get his attention? When did you lose his/her attention? How did you get it back? 
 
Last time I tried to do-it-myself, I broke the finger of the hand that didn't hold the hammer.  
 
There are definitely times when it is absolutely, positively fine to represent yourself. Many times it's not. How do you know the difference? How do you distinguish when you are better off appearing in person from than submitting your defense by mail?  
 
Fighting these arcane parking ticket rules, regulations, in a system of justice where your accuser is a piece of paper takes skill, patience, experience and a thick skin.  
 
I admire your courage. Thanks for sharing your experience. PLEASE,  
when you are right-CONTINUE TO FIGHT. But, before your next road trip, stop off for directions before you embark on your journey. You'll be glad you did.
Posted @ Friday, December 11, 2009 5:44 PM by Larry Berezin
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