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How to Beat a NYC Parking Ticket when an Address doesn't Exist

 

"Let your fingers do the walking"...on your computer!

NYC parking ticket fines

I love to hear about parking ticket success stories from members of our NYC driving community. I received an email the other day from a great friend of New York Parking Ticket, that I'd like to share with you:

"Dear Larry,

I want to share with you an easy defense I just used successfully.  It is particularly satisfying because my entire argument was based on information provided by NYC government. The agent alleged in the complaint that my car was parked within 15 feet of a hydrant at a particular address.  I looked up the address on nyc.gov/bis - which is the Building Information System.  The BIS returned the following message,

"*THIS ADDRESS IS NOT IN PROPERTY FILE--CHECK ITS OTHER ADDRESS IF ANY"

 I did a screen capture and uploaded the file, all on-line.  As you can see below, " Defense is persuasive that location of alleged violation does not exist justifying dismissal." It was gratifying that the City itself was kind enough to provide the tools of my defense.  I thought you would appreciate this one.

Best, Tom

NYC parking ticket hearing decision

Commentary

Kudos to Tom. He was right, fought his parking ticket, used an official NYC resource to present the proper proof, persuasively, and WON!

Here is another resource/tool to you may wish to use to pile on the proofs...

Simply click on the screen grab and you'll be whisked to the page on our website where the link to this resource/tool is available. (When you land on one of our resource pages, scroll to the bottom of the page. This link is below the "locate a parking sign" link. It's entitled, "Find out whether a street address exists").

NYPT find an address DOF website tool

 

TIP: I try to present two (2) types of evidence to prove an address doesn't exist. For example, I'll use the "Elvis Presly Defense," Google Maps with Street View, and here's a fun one to try...iZito.com. I've been informed by other friends who have successfully used the US Postal tool for proving an address does not exist.

Remember: "Place of Occurrence" is a required element. If you present the proper proof, persuasively to a NYC parking ticket judge, your parking ticket will be dismissed. Yea!

How do you prove an address doesn't exist? Share your success story with our driving community.

FREE Download: The Mayor's Management Report for the Department of Finance (4pps). Some very interesting data...

nyc-dof-only

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

Comments

Larry, 
 
In an ideal world, this defense would guarantee a sure-fire win. However, do you recall what happened with me a year ago? 
 
 
 
Here's a synopsis for the readers: Like Tom, I was issued a parking ticket for parking within 15 feet of a hydrant in front of a nonexistent address. As a savvy NYC driver, I did an address lookup on USPS.com. The site displayed an "Address does not exist" page. In the interest of making my case ironclad, I sent an empty envelope to the address indicated on the ticket. Within a couple of days, the envelope was returned to my home mailbox, with a "Return to Sender - No Such Address" stamp on it. In most cases, this evidence would be more than sufficient, but I went one step further. I looked up the address on Google Maps. If the building existed, it would be in the middle of the train tracks of the 11th Avenue train yard (between W. 34th and W. 32nd Streets in Manhattan). I took screen caps of the entire stretch of the 11th Avenue overpass that runs above the train yard, clearly displaying that there isn't a single fire hydrant anywhere on it. Finally satisfied, I pleaded not guilty by mail and sent the package off. Imagine my surprise and bewilderment when I received the ALJ's decision - GUILTY! The reasoning? According to the records available to the Parking Violations Bureau, the address is valid!!! 
 
 
 
Not willing to accept such injustice, I turned to Larry for his assistance in appealing the ALJ's decision. Larry expertly prepared an appeal, which I submitted well within the alotted timeframe (I still have the postmarked envelope to prove it). A few weeks later, I received a package from the PVB, containing my entire appeal submission (including the postmarked envelope in which I originally submitted it). The PVB claimed that I failed to submit the appeal within the alotted timeframe and, for that reason, it was being denied. 
 
 
 
Would the result have been different if I chose to fight the ticket in person? Maybe, maybe not. It almost seems as though the PVB was determined to make this ticket stick. Perhaps I would have been a lot more angry if I didn't have two old red light camera tickets (don't lend your car to your friends!) on which the statute is about to run out. :)
Posted @ Tuesday, February 14, 2012 8:22 AM by Kirill
This report has ALOT of BS!!! "The average turnaround time to issue a decision for parking tickets for hearings by mail and the web fell from 36.2 days to 29.4 days as Finance continued to put an emphasis on increasing use of online hearings." 
WHO ARE THEY KIDDING? While my recent ticket was dismissed for good cause, it took over 2 months to get it resolved AFTER they received it! What a load of BS!!!
Posted @ Tuesday, February 14, 2012 8:57 AM by Dan
Kirill, 
 
Welcome, bienvenue, welcome.  
 
I'll never forget the absolutely true story you describe. I reviewed your documentation thoroughly while preparing your appeal.  
 
Your original, "can't lose" defense was meticulously prepared. Despite all of the above, you were found guilty.  
 
This is, and will remain, a noteworthy travesty of parking ticket justice. It still makes me cringe. 
 
Thanks so much for sharing your story with all of us, Kirill.
Posted @ Tuesday, February 14, 2012 9:17 AM by Larry Berezin
Dan, 
 
Good morning. 
Great to hear from you. Especially because your comment reflects my personal opinion about accuracy of this MM Report.  
 
Someone's nose is growing. 
 
Thanks for your valuable comment, Dan. 
 
Posted @ Tuesday, February 14, 2012 9:19 AM by Larry Berezin
LARRUY I GET AND FIGHT METER TICKETS IN PARTTICULAR WHEN THE METER IS IN THE WRONG LOCATION. I HAVE TO PHYSACALLY GO TO THE LOCATION. IS THERE A WAY TO FIND OUT WHERE A METER LOCATED ON LINE 
 
Posted @ Wednesday, February 15, 2012 12:07 PM by steve missry
Steve, 
 
Good afternoon. 
Not that I'm aware...sorry.
Posted @ Wednesday, February 15, 2012 12:50 PM by Larry Berezin
(online hearing) I received a ticket approximately 5 months ago for no parking. I fought the ticket and the ALJ adjourned the matter for 1 month for me to submit more evidence. I did so and the ticket is still pending 5 months later. The ticket is similar to the one here. It says I parked "opposite" a certain address. I took pictures around where my vehicle was located that no such address exists where I was. Btw my park was on the even side so how is it opposite? Who knows (NYC does show the address exists. Also took pictures that of signs that I could park there. Still waiting on a decision.... Do you know if there is a law on the books that a decision must be made within lets say 60 days or ticket is automatically dismissed?
Posted @ Wednesday, February 15, 2012 7:50 PM by Nas
Nas, 
 
Good morning. 
The Mayor's Management Report claims hearing by mail take 32 days (on average),and online hearings take 10 days...If you believe that, please send me a check for $1B and I'll send you the Yankees. 
 
Unfortunately, there is no rule requiring a decision to be rendered within a certain time. You may wish to call to check on the status, or keep checking online. 
 
My experience is a hearing by mail takes about 3-4 months (on the average). I recommend never, ever fight your parking ticket online. It's an ambush. 
 
Good luck. 
Let me know how you make out. 
 
Posted @ Thursday, February 16, 2012 5:52 AM by lawrence berezin
I received two tickets, two days in a row, for parking too close to the meter. I was 12 feet. BUT one ticket gave the address correctly as E 84th and the other gave it incorrectly as E 88th Street. The car hadn't been moved. It was a mistake on the part of the ticket issuer.  
Is "incorrect adddress" of this type a good defense? didn't find this case on your site - so thought this'd be of interest -  
Thanks for your input - Per
Posted @ Sunday, May 20, 2012 10:12 AM by Per
Per, 
 
Good almost afternoon. 
 
Thanks for sharing your experience. Place of Occurrence is a required element, and must be entered correctly on a parking ticket. If not, you win upon application. 
 
The tipping point for a victory in your case will be to present the proper proof properly that the location is described incorrectly. 
 
Good luck. 
Best, 
Larry
Posted @ Sunday, May 20, 2012 10:57 AM by lawrence berezin
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