Case Study

You and your wife attend a party at a Club in Manhattan on a Saturday night.  You find parking on the street around the corner from the Club. It is less than a five minute walk. When you exit you car, you check the days/hours limit on the parking sign regulating your space. You have until 11:00 p.m. to remove your car from the parking space.

When you return to your car at 10:57 p.m., you find a parking ticket under your windshield wiper. There is no warrior in sight. You and your wife double check your watches, and it is absolutely, positively three minutes before 11:00 p.m. The time on the ticket says 11:01 p.m. Can you beat this parking ticket? 

When you're right-FIGHT. Here is how to beat a tough ticket by presenting the proper proof, properly.

[Larry's note: we beat this parking ticket for a client with this Affidavit and Certification. Parking Ticket was dismissed!]

Summons # 123456789-0

 

 

Violation:

Code 14: General No Standing

Days/Hrs 11P – 6A

 

Defense

The parking ticket was issued prior to the 11:00 P.M. rule change, not at 11:01 P.M.

 

John Doe, of full age, being duly sworn, according to law, upon my oath, deposes and says:

 

I reviewed my wife, Jane’s certification, and I attest to the accuracy of all the facts contained in her certification.

 

On Saturday evening, December 5, 2009 at 7:30 P.M., my wife and I parked our car on West 21st Street, NYC to attend the Bar Mitzvah party of a friend’s son. The parking rule displayed by the parking sign regulating our space was “No Standing 11pm – 6am.” The party was held

at ABC CLUB  located at 123 Broadway, NYC. We walked to our destination, which took less than 5 minutes.

 

My wife was in charge of keeping track of our departure time, so we would arrive back at our parking space in time to avoid a parking ticket when the rule changed at 11:00 P.M.

We said our goodbyes, and left the party at exactly 10:53 P.M. When we arrived at our car at exactly 10:57, there was a parking ticket on our windshield. There was no parking enforcement agent in sight.

 

I am absolutely positive that we returned to our car prior to 11:00 P.M. The time on my watch and my wife’s watch, which we both checked when reached our car and observed the parking ticket, read 10:57 P.M.

 

Based upon the foregoing reasons, I respectfully request Your Honor dismiss this parking ticket.

 

 

                                                                                   

                                                                                    _____________________________

                                                                                                John Doe

 

Sworn & Subscribed before

me on this ________day of

________________, 2009

 

 

______________________

       Notary Public

Summons # 1234567789-0

Violation:

Code 14:   No Standing

                  Days/Hrs 11P – 6A          

Defense

·         The parking ticket was issued prior to the 11:00 P.M. rule change, not 11:01P.M.,

as incorrectly inserted on the parking ticket

 

 Jane Doe hereby certifies and says:

 

I reviewed my husband, John Doe’s affidavit, and attest to the accuracy of all the facts contained in his affidavit.

 

When my husband parked our car, we knew the parking rule changed at 11:00 P.M.

 

We left the party at exactly 10:53 P.M.  I am sure about this because I checked my watch, and joked with another guest about leaving enough time to return to my car before the “witching hour” of 11:00 P.M.

 

I am absolutely positive that we returned to our car prior to 11:00 P.M.  When my husband and I checked our watches after seeing the parking ticket, it was 10:57 on both watches. There was no traffic enforcement agent present when we returned to our car.

 

Based upon the foregoing reasons, I respectfully request Your Honor dismiss this parking ticket.

I hereby certify that the statements made by me are true. If any of the statements are knowingly false, I understand that I am subject to punishment.

 

                                                                                               

 

                                                                                            

                                                                                                _____________________________

                                                                                                            Jane Doe