Disputing a NYC parking ticket with vague address.

[David B]

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!

One follow-up letter as an appeal would have gotten you out of that one.  If you actually had a receipt for the period of time when you got the summons, they would have definitely dismissed it.

[David B]

One follow-u

They offered plea bargain from $60 to $41 I didn't take it.

That offer comes before any ALJ looks at it, to try and reduce the # of cases that go to 'trial'  And I think I read that they discontinued that program (but I'm not sure).  That's the offer you take when you were 100% guilyt, but send in the not-guilty plea to delay the inevitable payment, and then sometimes get a bonus of an offer to reduce the fee.  They read absolutely nothing before making those offers.

[AJK]

That offer comes before any ALJ looks at it, to try and reduce the # of cases that go to 'trial'  And I think I read that they discontinued that program (but I'm not sure).  That's the offer you take when you were 100% guilyt, but send in the not-guilty plea to delay the inevitable payment, and then sometimes get a bonus of an offer to reduce the fee.  They read absolutely nothing before making those offers.

Yes, the program has been discontinued as of Jan 31.

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?

Eh, it may be a conflict of interest, but I definitely don't think its a big one.

[whYME]

Eh, it may be a conflict of interest, but I definitely don't think its a big one.

ok, conflict of interest might not be the best way of describing it.
"scam" or "racket" might be better.

[Aben]

I received a double parking ticket for parking on an alternate side at 1:02.
I was coming outside as the cop issued the ticket. He said that I need to move the car by 1:00.

I have 2 ways of fighting.

1- The ticket stated that I was double parked in front of xxxx East 7th st. (I checked and that is a valid address)
    I was actually parked on east 8th st.

2-Can I say that there is a 5 minute grace period?

My neighbor was outside and saw the whole thing. Can I use him as a witness?

How should I fight it?

[David B]

I received a double parking ticket for parking on an alternate side at 1:02.
I was coming outside as the cop issued the ticket. He said that I need to move the car by 1:00.

I have 2 ways of fighting.

1- The ticket stated that I was double parked in front of xxxx East 7th st. (I checked and that is a valid address)
    I was actually parked on east 8th st.

2-Can I say that there is a 5 minute grace period?

My neighbor was outside and saw the whole thing. Can I use him as a witness?

How should I fight it?

Just so we understand -- you were double parked on one side of the street during the street cleaning time period for the opposite side, correct?

Most important one may be -- the location where the tickets SAYS you were parked, is that the right or wrong side for that day?  If it's the right side for that day, you may be able to argue that the summons was issued in error.

The only problem is that double parking is (I think) one of those unwritten rules -- it is illegal at any time, but they "allow it" during alternate side periods.

There is an official 5 minute grace period in NYC law now....

http://www.nyc.gov/html/dof/html/parking/parking.shtml

But I don't think it would apply to your situation, as you were double parked anyway.  That said, you can probably try sending a letter in, using the reference to the 5 minute grace period, as if the officer officially (or un-officially) allows double parking until 1:00 PM -- then in the spirit of the 5 minute grace period, you should be OK until 1:05 -- that may actually work.

[Aben]

Just so we understand -- you were double parked on one side of the street during the street cleaning time period for the opposite side, correct?

Yes

Most important one may be -- the location where the tickets SAYS you were parked, is that the right or wrong side for that day?  If it's the right side for that day, you may be able to argue that the summons was issued in error.

That street was the same situation, I would have been parked on the opposite side that they were doing cleaning. 

[David B]

Yes
That street was the same situation, I would have been parked on the opposite side that they were doing cleaning. 

Give the 'spirit of the grace period' a try -- maybe you'll get a sympathetic ALJ.  IMO, witness statement doesn't do anything for you, as the summons itself is 1:02 PM, and Alt Side ends at 1:00 Pm on that street....

Try to write a nice letter, highlighting how exasperating it is to keep a car on the street in NYC, and you try so hard to do the right thing...blah, blah, blah, blah....

[Aben]

Give the 'spirit of the grace period' a try -- maybe you'll get a sympathetic ALJ.  IMO, witness statement doesn't do anything for you, as the summons itself is 1:02 PM, and Alt Side ends at 1:00 Pm on that street....

Try to write a nice letter, highlighting how exasperating it is to keep a car on the street in NYC, and you try so hard to do the right thing...blah, blah, blah, blah....

Why cant I get a statement from the witness stating that he started issuing the ticket b4 1:00?

Plus the mistake with the wrong street?

[joeb1]

the wrong street is the only thing you have to fight and you have to prove you were not on that block
regarding the double parking unwritten rule: nothing u can say or do about that rule . you have until 1:00:00 to move your car once you hit 1:00:01 you will get a ticket and that is undefendable with all the complaining in the world will not help

[David B]

Plus the mistake with the wrong street?

Theoretically, the mistake with the wrong street is a 100% defense, as the summons is defective.  It becomes the officer's "sworn statement" versus your sworn statement.  Maybe then the witness statement (get it signed and notarized) is worth something.  Also, figure out why you specifically were on the block you were actually on (visiting someone in THAT building where you were parked, etc,) just to give additional credence to the story that you were parked on Block X, and the summons states "Block Y"

[Aben]

I received a double parking ticket for parking on an alternate side at 1:02.
I was coming outside as the cop issued the ticket. He said that I need to move the car by 1:00.

I have 2 ways of fighting.

1- The ticket stated that I was double parked in front of xxxx East 7th st. (I checked and that is a valid address)
    I was actually parked on east 8th st.

2-Can I say that there is a 5 minute grace period?

My neighbor was outside and saw the whole thing. Can I use him as a witness?

How should I fight it?

Update: Sent them a letter including 2 notarized letters stating that my car was not parked on the street as the ticket stated, and the 5 min. grace period...Have not heard from them so I checked the Status online and it says GUILTY!
It does not say when the fine is due.

Do they normally mail the decision?

Is there anything that I can do now? Appeal it? send it to one of these fighting tix agencies? Go down to the court house?

Do you think that if I would have gone down in person it would have been more affective?

[AJK]

They'll mail you a decision.

You can appeal it.

I don't think the "ticket fighters" will take it at this point, but you can definitely try.

[David B]

You can definitely appeal once you get the judgement in the mail.  You can also escalate it to the NYC Public Advocate's Office (Bill DiBlasio - or something similarly spelled) to file a complaint as well.

[Hirshthg]

Many of the ALJ's also have a IQ of about 80, and I have no idea which law school they are slipping them through.... They are faceless bureaucrats appointed without a vote.

Just make sure you don't fall pry to the "pleading guilty with a explanation" trick that they are using now a days. When you plead guilty, you are pleading guilty, and no one will care about your explanation.