Customer Success: Fight Fire Hydrant Parking Ticket and Win!
Posted by Larry Berezin on Sat, Jul 25, 2009 @ 10:57 AM
A New York Parking Ticket LLC customer success story
It is great to witness the adjudication process for fighting a NYC parking ticket for a Code 40: Fire Hydrant violation working perfectly.
The Facts
Joe parks his car on a NYC street, more than 15 feet from a fire hydrant. When he returns to his vehicle, he sees that all too familiar orange envelope under his windshield. His heart starts beating faster, and his face turns red. He reads the parking ticket charging a violation of Code 40. The parking ticket warrior's sworn comment on the front of the parking ticket says Joe's car is parked only 6 feet from the hydrant. Joe's reaction is anger, outrage and a commitment to fight the parking ticket because he is right.
The NYC Parking Rules and Regulations
Code 40 prohibits:
"Stopping, standing or parking within 15 feet of a fire hydrant. Between sunrise and sunset, a passenger vehicle may stand alongside a fire hydrant as long as the operator remains behind the wheel and is ready to move the vehicle if required to do so"
Chapter 4-08(e). No person shall stop, stand or park a vehicle in any of the following places...
"(2) Hydrants. Within fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator's set ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity"
Joe's Action
Joe:
- Always carries a tape measure and camera with him in his car
- Asks a witness to assist him in measuring the distance between the fire hydrant and his car
- Takes a number of dated photos that clearly demonstrate his car was parked more than 15 feet from the fire hydrant
- Hires New York Parking Ticket LLC to fight his parking ticket
Outcome
- We prepare detailed Affidavits for execution by Joe and his witness
- Send a defense letter, detailed Affidavits, photographs confirming the facts contained in the Affidavits; along with the signed NYC parking ticket to the address on the back of the parking ticket
- Enter a plea of NOT GUILTY and request a hearing by mail
- Approximately four weeks later, Joe receives a letter from the DOF advising him that his parking ticket is dismissed
Photographs
Commentary
A $3.00 tape measure saved Joe $115. When you are right, fight your NYC parking ticket. You can see the power of a photograph and tape measure. The NYC parking ticket hearing official did the right thing after reviewing the evidence, which is really nice to see.
How about the NYC parking ticket warrior? She clearly lied about the distance from the fire hydrant and got caught. Shame on you!
In response to a frequently asked question, the fact that a parking ticket warrior fails to accurately state the distance from your car to the fire hydrant is not enough to win a dismissal. You must prove that your vehicle was parked MORE than 15 feet from the fire hydrant.
I went out and purchased a tape measure. How about you?
[Editor's note: "Joe" is a fictitious name to protect the privacy of our client. "Joe" gave us permission to tell his success story and publish the photographs]
Please tell us your success story. It helps all of us to share information about NYC parking tickets