Parking Ticket Defense Strategies
In New York City nearly 100,000 people fight parking tickets every month and the city dismisses nearly 50,000 defective parking tickets monthly. A parking ticket can be deemed defective for a number of reasons. Below we have illustrated a picture of a parking ticket and highlighted the required information. If any required information is missing, inaccurate, incomplete or inconsistent with your registration then you should fight the ticket as defective.
Defective Parking Ticket Checklist:
- Plate Information: If the plate number or state of registration is missing, incomplete, illegilbe or misdescribed, the ticket can be dismised. For vehicles where the plate type is shown on the registration sticker or plate(s) the plate type must be listed as it appears on the registration sticker or plate(s) unless unreadable
- Expiration Date: The month, day and year must be listed as stated on the sticker or plate(s) unless indicated by the agent as not available, unreadable, covered, mutilated, faded, etc.
- Make: If the vehicle make is missing, incomplete, illegilbe or misdescribed, the ticket can be dismissed
- Body Type: If the vehicle body type is missing, incomplete, illegible or misdescribed, the ticket can be dismissed
- Violation: The charged violation must be indicated by the agent
- Place Of Occurrance: The issuing agent must indicate the address ‘in front of’ or ‘opposite’ where the vehicle was parked. Or, the particular location must be specifically described
- Date Of Offense: If the month, day, and year, or any one of them is missing, incomplete, illegible or misdescribed, the ticket can be dismissed
- Time Of Issuance: The time of issuance must be given to the minute, with either “AM” or “PM” indicated
- Time First Observed: For violations where multiple observations are required such as ‘feeding the meter’ or ‘overtime parking’ the time the vehicle was first observed must be given
- Agents Signature: If the issuing agent or office neglected to sign the ticket it can be dismissed. In cases where the ticket is issued with a hand-held computer device if the agents printed name is missing it can be dismissed
The New York City Department of Transportation maintains a sign database that you can find at this link (there are currently over 750,000 parking signs in New York City and its boroughs). If the information on the ticket is not in agreement with the sign database then you should fight the defective ticket. Our Gold parking ticket analysis researches the confusing sign database on your behalf. Further, if the sign is defective - either damaged, blocked, twisted, faded, defaced, dangling, leaning or missing - you should take a photo and submit that as evidence as part of your parking ticket defense.
Additionally, our parking ticket analysis will research the parking map database which you can find at this link. The New York City Department of Transportation offers an interactive map of parking rules by street and our report will analyze your ticket for discrepancies with the information provided on line.
If you have received a legitimate parking ticket we recommend that you pay the fine promptly before late penalties accrue and increase the already exorbitant fine. You have up to 30 days to request a hearing. If you request a hearing the time spent waiting for a hearing does not count towards the number of days until payment is due. If you don't request a hearing and don't pay the penalties the penalty fines are described in Section 39-07 below.
(a) Additional penalties. Additional penalties may be assessed against the respondent for failure to plead or appear pursuant to these rules, or having appeared for a hearing, failing to make payment assessed thereat. The additional penalties shall be assessed according to the following schedule; provided, however, that if a respondent makes a plea or appears within 20 days after the Bureau mails a notice of violation to the owner pursuant to Vehicle and Traffic Law §235(2)(a) or prior to such mailing, the additional penalties which may be imposed pursuant to paragraphs (1), (2) and (3) of this subdivision shall not exceed the amount set forth in paragraph (1):
1) Upon entry of a plea more than 30 days after date of summons . . . . an additional penalty in an amount of $10.00.
2) Upon entry of a plea more than 45 but less than 76 days after date of summons . . . . penalty as noted in paragraph (1) and additional penalty of $20.00.
3) Upon entry of a plea more than 75 days after date of summons or upon entry of default, final determination or judgment . . . . penalties as noted in paragraphs (1) and (2) and additional penalty of $30.00.
4) Upon failure to either pay in full within 7 days, the amount of fine and penalties fixed by a hearing examiner after a determination sustaining the charges, or otherwise comply with the provisions of §39-12 of these rules, the scheduled fine amount shall be restored and additional penalties shall become due in accordance with the amounts set forth in paragraphs (1), (2) and (3) of this subdivision as if there had been no plea or appearance.
CBS News did a story about how to fight your own parking ticket, you can find a link to that info in this blog post.
Citywide has been processing thousands of parking tickets every month for over twenty years. In our experience, you have a better chance of getting a defective parking ticket dismissed if you hire expert representation to appear in Traffic Court before an Administrative Law Judge to plead your case on your behalf. If our report recommends that you fight your ticket and we lose your court case, we will promptly refund your in-person hearing fee.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
Please note that NYC DOT Parking Regulations involve thousands of pages of sign information. DOT is responsible for the maintenance and posting of the signs. This information is often subject to temporary and sometimes permanent change. The NYC Council, the law making body of NYC, passes the laws. The NYC Department of Finance is the self-appointed interpreter and enforcer of the parking laws in the NYC Traffic Rules. I often think of DOF as “Judge, Jury, and Executioner”. The public is also subject to NYC DOF interpretations of the rules. We hope to assist the driving public to find the information they need to fight parking tickets.