Disputing a NYC parking ticket with vague address.

[ShmuliT]

Got a ticket for parking 9ft (lying cop) from pump. The address states "C/o street 1 & street 2" does not state which corner, nor does it list an actual address.
Anyone have any advise or experience in fighting this?
Can I just write "invalid address" when I ask for it to be dismissed online, or should I give more information and do so via mail or in person?

[AJK]

Cop lied about 9 feet? How far would you estimate you were?

[ShmuliT]

Not 100% sure if was 15, but was prob arnd 13. Regardless I don't have pics to prove it.

[AJK]

Not 100% sure if was 15, but was prob arnd 13. Regardless I don't have pics to prove it.

Well, it doesn't matter - both 9 and 13 feet are against the law.

That being said, though, this ticket seems to be ripe for the fighting based on the address issue, IMHO.

[David B]

Got a ticket for parking 9ft (lying cop) from pump. The address states "C/o street 1 & street 2" does not state which corner, nor does it list an actual address.
Anyone have any advise or experience in fighting this?
Can I just write "invalid address" when I ask for it to be dismissed online, or should I give more information and do so via mail or in person?

Plead 'Not Guilt', using hearing by mail, and submit a statement that you were parked "In front of" or "opposite" a specific address (state the address), a legal distance from the fire hydrant (as measured with your shoes at the time), and that you were surprised to see a summons affixed to your windshield upon your return.  State that in reviewing the summons, you notice that "the summons is defective" in the incorrect address citation, and you ask the court to kindly dismiss the summons immediately due to the prima facie defect.

If that doesn't work, you can always appeal by mail or in person.  The last summons I sent in by mail (not Internet hearing) took 7 months for them to respond, and then I sent a follow-up letter that the summons should immediately be dismissed due to the lengthy delay in submitting my  plea/evidence, and the lack of a hearing-by-mail in all that time.  I got the dismissal in the mail two weeks ago.

[David B]

And in all cases, in the end of the pay, even if you have to pay the summons, you have delayed payment for at least 6 months.  To appeal, you actually have to pay the summons, and then get a refund if you are successful.

Good Luck!

[AsherO]

Plead 'Not Guilt', using hearing by mail, and submit a statement that you were parked "In front of" or "opposite" a specific address (state the address), a legal distance from the fire hydrant (as measured with your shoes at the time), and that you were surprised to see a summons affixed to your windshield upon your return.  State that in reviewing the summons, you notice that "the summons is defective" in the incorrect address citation, and you ask the court to kindly dismiss the summons immediately due to the prima facie defect.

Why do I have a feeling these "hearings by mail" are processed by a clerk with an IQ of 90, who won't understand that paragraph...

[David B]

Why do I have a feeling these "hearings by mail" are processed by a clerk with an IQ of 90, who won't understand that paragraph...

Actually, in truth, (sometimes sadly) they are processed by an Administrative Law Judge -- someone who actually went to law school and passed the bar.  A friend of mine's wife became one a bunhc of years ago after she had kids and wanted to go back to work.  She had been an ADA. 

But I would agree that they are not the "cream of the crop"

[AJK]

AFAIK, all hearings are reviewed by ALJs who have all been to law school and passed the bar.

[bubbles]

A little OT but anyone know what happens if the cop wrote the wrong month on a double parking ticket? Can you get it waived because of that?

[David B]

A little OT but anyone know what happens if the cop wrote the wrong month on a double parking ticket? Can you get it waived because of that?

110% -- wrong month is defective as they come (and a moron who issued the summons)....should be immediately dismissed.  Was the month earlier or later than the real date?

[bubbles]

110% -- wrong month is defective as they come (and a moron who issued the summons)....should be immediately dismissed.  Was the month earlier or later than the real date?

earlier. they will be able to tell that it was the wrong month I'm assuming otherwise how can I prove it

[David B]

earlier. they will be able to tell that it was the wrong month I'm assuming otherwise how can I prove it

Tell them the date is wrong - mention what day of the week and date you parked, and then reference the wrong date on the summons.  Remind them they should be able to verify that the summons number was issued out of sequence relative to the date.  Tell them the summons is defective due to the incorrect date -- as you were not in place X on day Y, etc., etc.

[bubbles]

Tell them the date is wrong - mention what day of the week and date you parked, and then reference the wrong date on the summons.  Remind them they should be able to verify that the summons number was issued out of sequence relative to the date.  Tell them the summons is defective due to the incorrect date -- as you were not in place X on day Y, etc., etc.

Sounds good thanks

[David B]

Sounds good thanks

NP - good luck

[ShmuliT]

Thanks.
Pleaded not guilty via mail and asked the judge to dismiss the ticket as the address is not specific enough.
Hope to report back with good news.

[MLM]

I paid a muni meter but had a bunch of old PAID stubs in my dash. I got a ticket for not paying. I fought and sent in a copy of my paid ticket for that time. They offered plea bargain from $60 to $41 I didn't take it. The result was  they said "sure you paid but who says it was in your windshield. In short not worth fighting because they are a real pain!

[AsherO]

I paid a muni meter but had a bunch of old PAID stubs in my dash. I got a ticket for not paying. I fought and sent in a copy of my paid ticket for that time. They offered plea bargain from $60 to $41 I didn't take it. The result was  they said "sure you paid but who says it was in your windshield. In short not worth fighting because they are a real pain!

It's precisely those situations that make me wonder who's processing these things. I also wonder if they have any sort of quotas, which IMHO would be a huge conflict of interests.

[whYME]

I also wonder if they have any sort of quotas, which IMHO would be a huge conflict of interests.

even if there's no quotas I'm pretty sure there's a big conflict of interest.
CMIIW, but aren't they employed by the dept. of finance (or something like that) rather than an independent non-biased entity?

[AsherO]

even if there's no quotas I'm pretty sure there's a big conflict of interest.
CMIIW, but aren't they employed by the dept. of finance (or something like that) rather than an independent non-biased entity?

Yup. The fact that NYC makes nearly $1Billion on fines (not just parking fines) is beyond ridiculous.