nypt-- your guide to parking ticket hearings__got tickets

> Got Tickets?Your Guide toParkingTicket Hearings

DEPARTMENT OF FINANCE

Helping people pay theright amount on time.

Adjudication Division

Hello,

The New York City Department of Finance’s mission is to help people pay the “right” amounton time. The Adjudication Division helps determine what the “right” parking ticket amount isby providing a fair and independent forum for you to challenge your ticket. The Departmentof Finance does not issue parking tickets. Finance’s job is to make sure that the agenciesresponsible for issuing tickets did so correctly and to listen to your explanation of why a ticketshould not have been issued.

We want to make sure you understand the rules and that at the end of your hearing you feelthat you were treated fairly and well. This guide will help you if you decide to challenge yourticket. It provides information that will help you present the best case possible. We describecommon defenses to most violations and what evidence is needed to support the defenseyou’re claiming.

We believe that if you know what’s needed, you will better understand how our judges arriveat their decisions and will therefore better understand the parking ticket adjudication process.

We hope you find this brochure informative and helpful. As always, we welcome your feedback.Please visit our website, at nyc.gov/finance, to let us know what we can do to serve you better.

Best,

Martha E. StarkCommissioner, New York City Department of Finance

3Visit Finance online at nyc.gov/finance

> Table of Contents

Fire Hydrant Code - 40 9

Crosswalk Code - 50 10

Sidewalk Code - 51 10

Pedestrian Ramp Code - 67 11

No Parking–Except Handicap Plates/Permits Code - 27 6

Double Parking Code - 46 10

No Standing–Bus Stop Code - 19 5

No Standing–Anytime Code - 14 4

No Standing–Except Authorized Vehicle Code - 17 4

No Parking–SCR (Street Cleaning Regulation) Code - 21 6

No Parking–Anytime Code - 20 5

No Parking–Except Authorized Vehicle Code - 24 4

Expired Meter Code - 34 7

Expired Muni-Meter Code - 37 8

Failure to Display Muni-Meter Receipt Code - 38 8

Overtime Parking at a Broken/Missing Meter Code - 32 9

Registration Sticker is Missing/Expired Code - 70 11

Inspection Sticker is Missing/Expired Code - 71 12

Missing or Improperly Displayed Plates Code - 74 12

Medical Emergency 13

Location Does Not Exist 13

Disabled Vehicle 13

Authorized Vehicle 13

Lost/Stolen Plates and/or Registration Items 13

Stolen Vehicle 13

Sold/Transferred Vehicle 13

14

15

15

Is the ticket written correctly?A ticket is defective when a required elementunder the law is missing or misdescribed.Defective tickets may be dismissed even if youdo not have another defense to a chargedviolation.When conducting a hearing, Financewill review recently issued summonses forthese defects and if any defects are foundFinance will dismiss the tickets.

NO STOPPING

NO STANDING

EXPIRED andBROKEN METERS

REGISTRATIONINSPECTION and PLATES

GENERAL DEFENSES

PARKING VIOLATIONS DEFENSE CHARTFINANCE BUSINESS CENTER LOCATIONSIF YOU WISH TO REQUEST A HEARING -BY -MAIL

NO PARKING

5Visit Finance online at nyc.gov/finance4 Got Tickets? Your Guide to Parking Ticket Hearings

Violation Codeand Description

Code-14No Standing-Anytime

Remember

• Only one sign is needed to coveran entire block, even if it is postedfar away from the parked vehicle.

• A parking zone begins at theposted sign and continues in thedirection of the arrow to the nextposted sign or to the corner ofthe block.

• Painted yellow lines or othermarkings are not an indication ofthe regulated zone.

Code-17No Standing-ExceptAuthorized Vehicle

Code-24No Parking-ExceptAuthorized Vehicle

Remember


• A parking zone begins at the postedsign and continues in the directionof the arrow to the next postedsign or to the corner of the block.

• In a no parking zone you canunload items to the curb only.


PossibleDefenses

• There was no sign anywhere onthe block.

• The agent described the wrongsign on the violation.

• The officer wrote the wrongviolation on the summons.

• I had a permit to park in this zone.

• The spot where the vehicle wasparked has conflicting regulations.

• I was dropping off or pickingup a passenger.

• I was not parked in violation of theposted sign.






• I was dropping off or pickingup a passenger.


EvidenceNeeded

Where the sign is missing, incorrectlystated or conflicts with neighboringsigns, you may submit overlappingphotographs that show:

• The entire block, corner to corner,including the address where thevehicle was parked,and

• All signs front and back,and

• The signs indicating thestreet name.

Where the permit holder has thecorrect authorization (permit orplates for the zone), you may submitcopies of your permit or registration.

Also, see General Defenses.








Code-19No Standing-Bus Stop

Remember




Code-20No Parking-Anytime

Remember


• A parking zone begins at theposted sign and continues in thedirection of the arrow to the nextposted sign or to the corner ofthe block.


PossibleDefenses





• I was dropping off or picking upa passenger.









EvidenceNeeded



• All signs front and back, and







Where the permit holder has thecorrect authorization (permit orplates for the zone), you maysubmit copies of your permitor registration.




Code-21No Parking-SCR (StreetCleaning Regulation)

Remember




• You cannot park in violation of theposted sign even if the street hasalready been cleaned.

Code-27No Parking-ExceptHandicap Plates/Permits

Remember

• Handicap zones are marked withblue markings or a sign.A vehiclemay not park in this zone withoutthe proper permit or plates, evenif the operator or a passenger is adisabled person.

• The handicap parking zone beginsat the posted sign (or pavementmarkings) and continues in thedirection of the arrow to the nextposted sign or blue markings.

PossibleDefenses








• I had a handicap permit orhandicap plates on my car.

• I was not parked in violationof blue handicap markings or ahandicap sign.




EvidenceNeeded





Where the permit holder has thecorrect authorization (permit or platesfor the zone),you may submit copiesof your permit or registration.








Code-34Expired Meter

Remember

• There is no grace period permittedto obtain change to activate themeter.A meter or muni-metersystem must be activatedupon arrival.

•When two or more vehicles fit intoone metered space, then all vehiclesin the metered space are requiredto activate the meter.

• Only one sign is needed to coveran entire block, even if the signis posted far away from theparked vehicle.


PossibleDefenses

• The meter was broken or fast.

• Meter rules were not in effect onthe day I parked my car.

• There is no meter where thevehicle was parked.

• There was no sign anywhere onthe block about meter regulations.

• There was no meter on the block.




EvidenceNeeded

Broken or Fast Meter -Thissummons should be submitted tothe Department of Finance forverification that the meter was notworking properly. If the meter wasmalfunctioning, the violation willbe dismissed and you will receivenotification. If the report shows norecord of a meter malfunction, yoursummons will be submitted fora hearing.

In addition to a written statement,you may also submit:

• A photo of the meter showing itwas damaged,and/or

• Statements of witnesses and/orother documents to support yourclaim that the meter was fastor broken.

Missing Meter - If there was nometer at the location where thevehicle was parked, you may submitphotographs that show:

• The address where the vehicle wascited,and

• Signs displaying the streetname,and

• Photos showing that the meterswere missing from the block.

Where there are no signs regulatingmeters, the meter sign is missing,incorrectly stated or conflicts withneighboring signs, you may submitoverlapping photographs that show:








Code-37Expired Muni-Meter

Code-38Failure to DisplayMuni-Meter Receipt

Remember

• There is no grace period permittedto obtain change to activatethe meter.A meter or muni-metersystem must be activatedupon arrival.


• Only one sign is needed to coveran entire block, even if the sign isposted far away from theparked vehicle.


• If the meter computer nearest thevehicle is broken, then a receiptmust be purchased from the nextmeter computer on the sameblock or lot.

PossibleDefenses

•My receipt was displayed andnot expired.

• The meter computer was brokenor did not give me a correct receipt.

• Meter rules were not in effect onthe day I parked my car.

• There are no meters or metercomputers on the block where Iparked my car.





• I was at the muni-meter in theprocess of obtaining the receiptwhen the summons was issued.

EvidenceNeeded

Muni-Receipt -Youmay submita copy of the muni-receipt withan explanation of why you arenot responsible.Meter Computer was Brokenor Fast- This summons should besubmitted to the Department ofFinance for verification that the metercomputer was not working properly.If themeter computer wasmalfunctioning, the violation willbe dismissed and you will receivenotification. If the report shows norecord of amalfunction,your summonswill be submitted for a hearing.In addition to a written statement,you may also submit:• A photo of the meter computershowing damage to the metercomputer,and/or

• Statements of witnesses,and/orother documents to support yourclaim that the meter computer wasfast or broken.

Missing Meter - If therewas nometercomputer anywhere on the blockwhere the vehicle was parked,youmay submit photographs that show:

• The entire block,corner to corner,and• The address where the vehicle wascited,and

• Signs displaying the street name.Where there are no signs regulatingthe zone as a metered zone or wherethe meter sign is missing, incorrectlystated or conflicts with neighboringsigns,you may submit overlappingphotographs that show:



• The signs indicating the street name.Where the permit holder has thecorrect authorization (permit orplates for the zone),you may submitcopies of your permit or registration.Also, see General Defenses.


Code-32Overtime Parking at aBroken/Missing Meter

Remember

• Only one sign is needed to coveran entire block, even if the signis posted far away from theparked vehicle.




Code-40Fire Hydrant

Remember

• Vehicles may not park within fifteenfeet of a hydrant,even if it is broken.


PossibleDefenses

• There is no meter where thevehicle was parked.





• I was not parked in violation ofthe posted sign.

• I left the space and came backlater to park in the same space.

• There is no fire hydrant at thelocation where the vehiclewas parked.

• I was not parked within fifteenfeet of a fire hydrant.


EvidenceNeeded

The Traffic Rules allow parking at abroken meter for a period not toexceed one hour.You can park in amissing meter space for a period oftime not to exceed the amount oftime posted at the location.

You may submit witness statementsor other documents to support yourdefense that you left the space andreturned at a later point in time.







When there is no fire hydrant atthe location where the vehicle wasparked, you may submit overlappingphotographs that show:







Code-46Double Parking

Remember

• Street Cleaning-Passenger platedvehicles are not permitted todouble park in NYC on streetcleaning days.

Code-50Crosswalk

Remember

• A crosswalk may have paintedlines. In the absence of paintedlines, the crosswalk is the area atan intersection within theextensions of the sidewalk lines,between opposite sides ofthe roadway.

• No part of a vehicle may be parkedwithin a crosswalk.

Code-51Sidewalk

Remember

• No part of a vehicle may be parkedon a sidewalk.

• A sidewalk may be paved orunpaved and is the area intendedfor pedestrian use.

PossibleDefenses

• I was not double parked.


• There is no crosswalk at thelocation where the vehiclewas parked.

• I was not parked in the crosswalk.

• I was not parked on a sidewalk.

EvidenceNeeded

• You may submit a statementexplaining the way the vehiclewas parked.

• You may also submit witnessstatements about the way thevehicle was parked.


You may submit overlapping photo-graphs that show:



• The signs indicating the street name.

You may submit your ownstatement and/orwitnessstatements explaining the way thevehicle was parked.


You may submit your ownstatement and/orwitnessstatements explaining the way thevehicle was parked.



Code-67Pedestrian Ramp

Remember

• Pedestrian ramps are curb rampsinstalled by NYC to promotepedestrian safety and provideaccess to the streets and sidewalks.The ramp itself is notice of theparking regulation at the site;signs are not required.

• No part of a vehicle may be parkedwithin a pedestrian ramp.

Code-70Registration Sticker isMissing/Expired

Remember

• A valid registration sticker must beproperly affixed to the vehiclewindshield.Therefore, stickerssitting on the dashboard, in theglove box, at home, in the mail,etc. do not comply with thelegal requirement.

• The registrant of the vehicle isresponsible for the vehicle’sregistration, inspection and plateseven if there is a delay in obtainingthe items from the NYSDepartment of Motor Vehicles orthe US Postal Service.

• After a summons is issued, there isno grace period to obtain anew registration.

PossibleDefenses

• There is no pedestrian ramp atthe location where the vehiclewas parked.

• I was not obstructing apedestrian ramp.


• The registration sticker was notexpired (or missing).

• I have a validtemporary registration.

• I have a valid temporary plate.

EvidenceNeeded

When there is no pedestrian rampat the location where the vehiclewas parked, you may submitoverlapping photographs that show:




You may submit your ownstatement and/orwitnessstatements explaining the waythe vehicle was parked.


You may submit:

• A copy of your registration receiptto show that the registration stickeraffixed to the windshield is a validregistration,or

• A copy of the vehicle’s temporaryregistration,or

• A copy of the temporary plate tosupport your defense that thevehicle displayed a valid temporaryregistration and plate.




Code-71Inspection Sticker isMissing/Expired

Remember

• A current inspection sticker mustbe affixed to the vehicle.Therefore,stickers and/or plates sitting onthe dashboard, in the glove box,etc. do not comply with the legalrequirement.

• After a summons is issued, thereis no grace period to obtain a newvalid inspection.

Code-74Missing or ImproperlyDisplayed Plates

Remember

• For NYS registrations, both platesmust be attached, one on the frontand one on the rear of the vehicle.They must be securely fastened soas to prevent them from swinging,and they should be placed,whenever reasonably possible, nohigher than 48 inches and no lowerthan 12 inches from the ground.

• Out of state vehicles must complywith their state regulations.

• Plates must be kept clean and in areadable condition and should notbe covered by glass or any plasticmaterial. In addition, they shouldnot be obstructed by any part ofthe vehicle.

PossibleDefenses

• The inspection sticker was notexpired (or missing).

• I have a valid temporaryinspection receipt.

• I have a valid temporary plate.

• Both my plates were properlyattached to the vehicle.

• Only the rear plate is required tobe attached to the vehicle.

EvidenceNeeded

You may submit:

• A copy of your inspection receiptto show that the inspection stickeraffixed to the windshield is acurrent valid inspection sticker,or

• A copy of the vehicle’s temporaryinspection receipt,or

• A copy of the temporary plate tosupport your defense that thevehicle displayed a valid temporaryregistration and plate.


You may submit a statement ofexplanation and/or witnessstatements about the properplacement of the plates on thevehicle.You may also submit a copyof your registration stating thatonly the rear plate is required to beattached to the vehicle.


GENERAL DEFENSESUsing the defenses listed below does not guarantee a dismissal of any violation.>Medical Emergency –Where you are involved in an unexpected medical emergency

affecting a human being.You may submit:

• Hospital or clinic emergency admission paperwork.

• Statement from medical personnel indicating the nature of the emergency.

• Statement from school personnel that a parent/caretaker was called to the school on amedical emergency involving the student, etc.

Note: Planned medical appointments and procedures are not considered medicalemergencies.These appointments are not unexpected and so documentation referringto them cannot be used for a general defense.

> Location Does Not ExistYou may submit:

• A copy of a street map, and/or

• Verification from the U.S. Post Office, and/or

• NYC tax information to verify that a location does not exist.Note: This general defense is only applicable to violations that do not involve the status ofa vehicle (registrations, inspections, or plates).

>Disabled Vehicle – The NYC Traffic Rules, 4-08(a) 8, require that “a vehicle that becomesdisabled must be pushed to the side of the road so that it obstructs traffic as little aspossible, and must be removed expeditiously.” The best evidence to support that thevehicle became unexpectedly disabled is documentation indicating:

•That the vehicle was quickly removed (usually towed) from the location, and

•The bills/receipts showing the nature of the repairs to the vehicle.Note: Accidentally locking one’s keys in the vehicle is not considered a valid defense. Neitheris “running out of gas.” This is because both the keys and the amount of gas in the tank arewithin the control of the vehicle operator.

> Authorized VehicleYou may submit:

• A copy of the permit (front and back) with a brief explanation of thecircumstances that caused the violation to be issued.

Note: NYS (and out-of-State) Handicap Hangtags and/or Handicap Plates are valid only inoff-street lots in areas designated by blue painted lines or markings that display theinternational symbol of access. NYC on-street parking is not authorized for these hangtagsand/or plates.

> Lost/Stolen Plates and/or Registration Items

•If you are claiming that your plates or registration items were lost and/or stolen, you maysubmit a copy of the police report stating that the item has been lost and/or stolen andevidence of the prompt replacement of the item(s) from the NYS DMV or the appropriateissuing authority.

•If you are claiming that the vehicle that received the summons is not your vehicle, butanother car with your stolen plate(s) attached, submit this information with an explanation.

> Stolen VehicleYou may submit:

• A copy of the police report (of theft and/or recovery), and

• A statement from your insurance company saying that the vehicle was deleted from yourinsurance policy.

> Sold/Transferred VehicleYou may submit:

• A copy of any transfer paperwork (donation, receipt, trade-in statement, bill of sale, etc.),and

• A statement from your insurance company saying that the vehicle was deleted from yourinsurance policy, and

• NYS DMV receipt for plates or transfer of plates.


Parking Violations Defense Chart

> There was no signanywhere onthe block.

> The agent describedthe wrong sign onthe violation.

> The officer wrotethe wrong violationon the summons.

> I had a permit topark in this zone.

> The spot where thevehicle was parkedhas conflictingregulations.

> I was droppingoff or picking upa passenger.

> I was not parkedin violation of theposted sign.

> Meter rules werenot in effect on theday I parked my car.

> There is no meterwhere the vehiclewas parked.

> There was no signanywhere on theblock aboutmeter regulations.

> I have a validtemporary plate.

Defense 14 17 19 20 21 24 27 32 34 37 38 40 46 67 70 71

Codes

If You Wish to Request a Hearing-By-Mail> Return the ticket,with the top box completed and the“Not Guilty”box checked,> Attach a letter explaining why you should be found not guilty of the violation, and> Attach copies of any evidence that you wish to present.

Evidence can include, but is not limited to: testimony, photographs, repair bills, police reports,Department of Motor Vehicles or insurance company reports, and towing bills. Please be certainto keep copies of everything that you send to the Department of Finance for your own records.

Mail your request to:

NYC Department of FinanceHearings By Mail UnitP.O. Box 29021Cadman Plaza StationBrooklyn, NY 11202-9021

Receiving Your DecisionAfter reviewing your mailed submission, the Administrative Law Judge’s decision will be mailed to you.

Sign Language Interpreter Available

Finance offers sign language interpreters for in-person parking violation adjudication.

Online: Visit Finance at nyc.gov/finance to download a Request for Sign Language Interpreter application.By Phone: Please call Customer Relations at 212 504-4080 or 311 for further details

Hours 8:30 AM–4:30 PMMonday through Friday“Closed Public Holidays”

Manhattan Business Center66 John Street2nd FloorNew York, NY 10038

Bronx Business Center3030 Third Avenue2nd FloorBronx, NY 10455

Brooklyn Business Center/BrooklynMunicipal Building210 Joralemon Street1st FloorBrooklyn, NY 11201

Queens Business Center144-06 94th Avenue1st FloorJamaica, NY 11435

Staten Island Business Center350 St.Marks Place1st FloorStaten Island,NY 10301

Finance Business Center Locations

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