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NYC Parking Ticket Required Elements Redux

Posted by Larry Berezin on Tue, Dec 06, 2011 @ 09:10 AM
 

I love omitted, misdescribed, or illegible NYC parking ticket required elements

How great does it feel to find a NYC parking ticket is defective because of an omitted, misdescribed, or illegible required element? It falls somewhere in between winning the lottery and finding your car keys after searching for 30 minutes.

Here is a diagram I prepared showing the required elements, and where they live on a real, live NYC parking ticket.

omitted, misdescribed, illegible required elements

Place of occurrence

One of my favorite NYC parking ticket required elements is, "Place of occurrence." Why? Because you can oftentimes find parking ticket gold.

I am currently working on a case with a member of the NYC driving community.

Ramon was issued a NYC parking ticket for "No Standing." I checked all the required elements, and found no apparent defects. So, the next step was to visit the scene of the parking crime (via Google Maps with Street View). Lo and behold, I found some parking ticket gold.

The place of occurrence was wrong because the "No Standing" parking sign's ARROW did NOT point in the direction of the parking space where the parking ticket warrior alleged Ramon parked his car.

I asked Ramon to take some overlapping photographs of the block, and I used Google Maps with Street View to present an overview of the block to the judge.

Ramon, with a little help from his friends, is a winner.

Key take-away

  • It is very difficult to prove the "place of occurrence" entered on the NYC parking ticket is wrong. SO INSTEAD...Use the warrior's misdescribed "place of occurrence" to advance your case by showing the arrow on the parking sign did NOT point to the parking space where the alleged parking crimed occurred

Would you like to have a copy of the NYC parking ticket with the arrows pointing out the required elements? I'm happy to oblige. Please click on the IPad below for your FREE Download of the parking ticket with arrows... for future reference.

NYC parking ticket required elements

 

 

 

 

 

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

Hi larry, i am seeking a job, starting anytime, please if you can contact me anytime if you see any possibilities of hiring me to work for you doing anything , anything at all. 
Shaine 
Shainengk@yahoo.com
Posted @ Monday, December 26, 2011 10:19 PM by Shiane
Shiane, 
 
Good afternoon. 
I'm sorry to say there is no opening at this point in time. 
 
Good luck. 
Posted @ Tuesday, December 27, 2011 11:24 AM by Larry Berezin
I recieved a parking ticket in a municipal lot in nyc. Therefore the pct that the traffic agent stated i was in was in fact the wrong pct. The place of occurrence stated a parking lot that I was parked in not an actual address. Example "College Point Lot." Wouldnt that be considered an insufficient address? Thats pretty vague. Any advice would be helpful thanx...
Posted @ Tuesday, January 03, 2012 10:01 PM by Ann
Ann, 
 
Good morning. 
Great questions. 
I am sorry to report, "pct" is not a required element entitling you to a dismissal of your parking ticket. 
 
The "place of occurrence" must unambiguously describe the location of your car where it was ticketed. 
 
Whether a parking ticket judge will dismiss your ticket really depends upon the quality of your proofs in relation to the specific violation you were charged with.  
 
If you need further assistance, please check out "Larry's Advice" (Click on our passenger vehicle Page). 
 
Good luck, Ann. 
 
Posted @ Wednesday, January 04, 2012 5:55 AM by Larry Berezin
My ticket looks just like the ticket above -- if Exp. Date is listed as N/A is that grounds enough for dismissal?  
 
The place of occurrence and everything else is right. 
 
Thanks Larry! -- Great site
Posted @ Tuesday, January 31, 2012 10:47 AM by Dave
David, 
 
Good morning. 
Thanks for your kind words. 
 
Is your vehicle registered in NY? 
 
If so, you are a winner, upon application. 
 
If not, if your out-of-state- vehicle has the registration on the windshield, or the month/year displayed on the plates, you win upon application. 
 
Good luck.
Posted @ Tuesday, January 31, 2012 10:51 AM by Larry Berezin
Hey, I was parked across the street from my school (queensborough community college) in queens, ny. and when i got back to my car i recieved a ticket for No standing (code 14) . ALthough it is not missing any required elements. the officer included an INCORRECT DATE of Offense, he put april 19, 2011, instead of 2012. does this call for a defective ticket?  
Also the section where it says time of 1st observed and date of 1st observed, is left blank...does this mean anything? (however, the officer did include a time, just not the date/time of 1st observed)  
thank u very much for ur help
Posted @ Thursday, April 19, 2012 4:59 PM by Daniel M
Daniel, 
 
Good afternoon. 
You win. 
 
How are you going to prove this parking ticket wasn't issued on April 19, 2011? 
 
Looking forward to your reply. 
Best, 
Larry
Posted @ Thursday, April 19, 2012 5:14 PM by lawrence berezin
I'm from upstate NY and was in NYC for 3 days for a conference. My husband parked the car and when returned to the car found a ticket for no standing. He said he did not see any sign when he was parking and when he picked up the car, a tax driver pointed out the sign that was hidden behind a tree. I can't get back down there to take a picture of the sign in the tree. 
 
Also, doing research and it looks like there is a missing element in that "Time 1st Observed and Date of 1st Observed" is blank. 
 
The 30 days is today and I have not mailed it in yet. What do I do now? 
 
Thanks, 
Alicia 
Posted @ Monday, April 23, 2012 11:44 AM by Alicia
Alicia, 
 
Good afternoon. 
I am sorry to hear about your parking ticket dilemma.  
 
"Time and Date first observed" are not required to be entered on a parking ticket for a NO STANDING violation. 
 
I am sorry to add, you'll need a photograph of the hidden sign to persuade the judge to dismiss the parking ticket.  
 
You may give Google Maps Street View a shot to see if it shows the hidden sign, and submit a defense AFFIDAVIT to attest that the Google images is a true and accurate depiction of the sign as it existed on the date the ticket was issued. 
 
Good luck. 
Best, 
Larry
Posted @ Monday, April 23, 2012 11:49 AM by Larry Berezin
Alicia, 
 
Continued...If you decide to pay the fine, and want to pay it in time...Pay it online. 
 
Check out the resources page of our website to get a link to the DOF website. 
 
Posted @ Monday, April 23, 2012 11:52 AM by Larry Berezin
The address on the ticket was Front of 412 West 36th Street. I found it on googlemaps on street view. From where my husband was parked it would have been hidden by the trees unless he walked down the street. It was almost at the end of the block. 
 
I found the sign and it says No Standing 8AM to 10pm but does not give a day it's in effect. Does that mean 7 days a week like it was put on the ticket? There are 2 vehicles parked on the street much closer to the sign than my car was and they do not have tickets. Why is this a No Standing? Is there something I can dispute? 
 
Thanks, 
Alicia 
Posted @ Monday, April 23, 2012 1:54 PM by Alicia
Do I have any defense at all? Will the fact that living in upstate NY and not knowing these laws of the city matter? 
 
Alicia 
Posted @ Thursday, April 26, 2012 2:23 PM by Alicia
Alicia,  
 
Good afternoon.  
The fact you live upstate is not a defense, and will not have any bearing on the outcome of your case.  
 
Good luck. 
Posted @ Thursday, April 26, 2012 2:42 PM by lawrence berezin
How about the fact that googlemaps shows 12 cars parked on the same street, same side, and NONE of them have any tickets on them? Are the registrations on the vehicles checked for out of the area and these cars targeted for revenue and not cars registered for NYC? 
 
Alicia 
Posted @ Friday, April 27, 2012 1:01 PM by Alicia
have a tkt from a muni meter & on the part where it says Date Time 1st observered says its 5/15/12 12:00am. But date time of offense says 5/15/12 01:16pm. Isn't that a contradiction? Can I fight that? Besides that my meter receipt expired at 1:16pm but my new receipt I went to get starts at 1:21pm. 5 min grace period or no?
Posted @ Friday, May 18, 2012 4:40 PM by Nina Rosado
Hi Nina, 
 
I believe I replied to this comment on another post. 
 
Good luck. 
Posted @ Friday, May 18, 2012 5:08 PM by Larry Berezin
I recently discovered this blog and have enjoyed reading it over the last few days. Question for you: You've mentioned that a required element for a valid muni meter parking ticket includes the listing of the meter number. Does it matter whether the ticket citation is for "failure to show a receipt in the windshield" (code 38) or for an "expired meter" (code 34)? These are related violations but I wanted to confirm that you don't see a distinction in the required element analysis. Also, when this defective ticket defense is raised, is it a no-brainer that the judge will throw out the ticket or are further arguments required? Thank you.
Posted @ Monday, May 21, 2012 5:48 PM by Miky
Miky, 
 
Good evening. 
Great questions. 
 
1. VC 38: There is no definitive answer to your excellent observation. I've seen it go both ways with muni-meters.  
 
It is my custom to recommend fighting muni-meter VC 38 violations for a missing required element when meter numbers are absent. 
 
I'm will try to get a better answer for you from a parking ticket judge. 
 
2. VC 34: Meter number is absolutely required for this violation.  
 
3. It is never, ever a "no brainer" when it comes to disputing NYC parking tickets. I always raise all legitimate defenses when fighting those evil orange epistles. 
 
The tipping point is presenting the proper proof properly. For example, when disputing a parking ticket for misdescribed body type (NJ registered vehicle), you must attach a copy of your vehicle registration to your defense letter. 
 
Or, when claiming the expiration date of an out-of-state vehicle is clearly displayed on the plate, you must attach two photographs showing the plate attached to your car, and a close-up of the plate; plus your vehicle registration.  
 
Thanks for your super comment. 
Knowledge is power. 
Best, 
Larry
Posted @ Monday, May 21, 2012 6:20 PM by Larry Berezin
Miky, 
 
Good morning. 
Here's the information I promised, which I received from a knowledgeable, trusted source: 
 
"The meter number etc is required if necessary to make out a prima facie case. So, if expired, this is necessary. Per PVB interp, it would not be for overtime parking as one simply needs to note the signage in effect, time first observed and time expired." 
 
The information is not necessary for a "failure to display" violation. 
 
Good luck. 
Best, 
Larry
Posted @ Wednesday, May 23, 2012 10:52 AM by lawrence berezin
Larry, 
 
Thank you so much for your feedback and quick follow up.  
 
In the situation I was inquiring about, while the officer issued a display violation, the receipt had in fact been displayed but was expired. I'm not sure why he chose to ticket for a display violation - perhaps that's his "go-to" ticket or perhaps he knew there was a problem with the meter. The meter wasn't working properly -- the receipt only displayed a small percentage of the time paid for -- and we told him that as we left the car. At his suggestion, we called 311 right away but he nonetheless issued a ticket less than 30 minutes later (though he didn't distribute/deliver the ticket--maybe it blew away?). It seems to me, the display and expired meter claims are about the same thing and should require listing of the meter number. The owner defends the display claim by showing the meter had not expired or was broken.
Posted @ Wednesday, May 23, 2012 1:40 PM by Miky
Miky, 
 
Did you pay for the time? Was the muni-meter broken?  
 
For example, did you pay for, let's say, two hours of time, but the receipt only displayed 1 hour? 
 
On the other hand, if you paid for 2 hours of time, and your returned to your car after the 2 hours expired, you're toast; unless there is a defect on the front of the parking ticket. 
 
Best, 
Larry
Posted @ Wednesday, May 23, 2012 1:47 PM by Larry Berezin
Yes, we paid for 2 hours but the receipt only showed 15 minutes. We were at a restaurant only steps away and returned in well less than 2 hours. The city did not conclude that the meter was broken but the machine ate our quarters that day and we noticed others struggling with it before we used it. The officer didn't leave the ticket on our windshield and didn't say anything to us as we passed him on the way to the car. If we'd known, we would have attempted to gather witness statements and other evidence that day. Do you think we have a shot or are we "toast"? Also, it seems pretty egregious that the city can assess a fine on top of a ticket for failure to respond before they make any notification by mail. I'm a bit surprised the deck can be stacked so dramatically in favor of the officer and city over the citizen. An officer can pretend not to notice a receipt or nitpick in the way it's displayed while a citizen can be charged penalties before being given a reasonable opportunity to become aware of a ticket. Thanks again.
Posted @ Wednesday, May 23, 2012 2:29 PM by Miky
Miky,  
 
It is a sorry state of affairs.  
Your story is one that is told by many members of our driving community.  
 
If the PVB doesn't document a broken meter, you are toast. FYI...If a muni-meter is broken, the rules require you to seek out a working MM in the same parking zone (on either side of the street). The rules differs from a broken stand alone meter.  
 
The deck isn't stacked, it is the dishonest leadership and "dealers" reaching into your wallet and grabbing your hard earned dough, that makes it an unfair fight. They might as wear a mask and point a gun at us.  
 
If the parking ticket rules were administered by people with integrity, we'd all be fine.  
 
"Power corrupts, and absolute power corrupts absolutely."  
 
Thanks for sharing your experience with all of us.  
 
Best,  
Larry
Posted @ Wednesday, May 23, 2012 2:58 PM by Larry Berezin
Are you saying it doesn't matter whether a meter is broken or not or whether you have paid $2 or not? So long as there is a working meter anywhere nearby, the driver is obligated to find it and a purchase or re-purchase a receipt? Can they then seek reimbursement? I'm not sure who the dishonest leadership and dealers you're referring to are but our public officials are responsible for writing and administering these laws and for designing a muni meter system that makes no sense. Hard to imagine the Japanese or Germans relying on an antiquated system of paper notices spit of machines that are prone to error and require a lot of maintenance rather than on computer systems that would let a cop know who has paid and who hasn't.
Posted @ Wednesday, May 23, 2012 3:48 PM by Miky
Miky, 
 
Good morning. 
You're stuck in a "Catch 22" because you can't prove the MM was broken and swallowed your hard-earned dough. 
 
Sorry about your plight. 
Best, 
Larry
Posted @ Thursday, May 24, 2012 8:35 AM by Larry Berezin
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