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Old 11-04-2008, 08:33 AM
 
4 posts, read 130,148 times
Reputation: 18

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Yesterday, I parked on the South side of West 70th street, the last spot before it hits Freedom Place. (This is where Trump Towers are). I caught my car being placed on the tow truck. Eventually I was let go and my car was not taken to the pound but now I am here with the tow fine of $100 and a $115 ticket for violation "Crosswalk (e) (5)." There are no crosswalk marks across the W70th to identify the crosswalk, no interruption of double yellow line in the middle of the W70th and no slant from the sidewalk onto the street (those for strollers and wheelchairs) anywhere on that side. I have seen cars parked in this spot before many times, but at the same time one of the doormen told me that he is seeing cars towed from this spot by dozens. Should I fight this ticket? I yes, how should I do that and where do I start. This is my first one after years of bringing my daughters to school in NYC. I would appreciate any advice. Thank you.
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Old 11-04-2008, 08:36 AM
 
75 posts, read 522,575 times
Reputation: 77
From experience, it is very hard to get a fine eliminated, even if you are 100% right and they are 100% wrong! Unfortunately, this is how the city operates. You can choose to contest the ticket- write up a short letter about what happened. 2 weeks later, the city will send you a reduced fine in the mail. You can continue fighting the ticket, hoping to have it eliminated, or you can pay the redueced fine. I would just pay the reduced fine, because the one time I tried to fight the ticket, it apparently got "lost" in the mail, and months later I was made to pay the full fine because somehow the city never got my response. Kind of fishy if you ask me, good luck and be thankful it doesn't involve points on your license!
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Old 11-04-2008, 11:11 AM
 
Location: Washington, DC & New York
10,914 posts, read 31,403,971 times
Reputation: 7137
You can bring your evidence to 66 John Street for a walk-in hearing on your case. This gives you an option to present your argument in person and know the decision of the hearing officer.
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Old 11-04-2008, 11:48 AM
 
1,867 posts, read 4,079,052 times
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In my experience, it is very easy to dispute a ticket and win. I have had countless unfair tickets voided and so can you.

Here is a sample letter, just to give you an idea. Just be sure you were legally parked, or that the signs or other markings were ambiguous and just explain the circumstances. Include pictures, you can just print digital pictures on a regular black and white printer.

Also review the ticket for any errors, including the color of the car etc. All of the information on the ticket must be correct or it can be thrown out just on a technicality.

It is highly likely that you will get the ticket either reduced (and then you can send in an appeal letter just using your original letter to a different address) or thrown out altogether. NEVER just pay a ticket, ALWAYS try to dispute it if at all possible (if you weren't in the wrong).

If the ticket is thrown out, the towing fees will be waived also.

NYC Department of Finance
Parking Violations
Hearing By Mail Unit
P.O. Box 29021 Cadman Plaza Station
Brooklyn, NY 11202-9021

Dear Sir/Madam:

I am disputing Summons No. __________ for the following reasons:

1. I was not parked in front of 600 E 8th St. Rather, I was parked in front of a vacant lot which is right next to 394 E 8th St.

2. There were NO "No Standing" or "No Parking" signs anywhere. I have attached several pictures of the street and location where I parked. You will see there are two No Parking Tues and Thurs between 11am and 12:30pm between where I parked and the end of the block. You do not see any other signs whatsoever. You can see from the pictures that there are cars parked from before the place where I parked all the way to the corner and there are no other signs except the Street Cleaning signs (no parking Tues & Thurs). I was ticketed at 1:00 am so this could not possibly be in violation of the street cleaning signs.

3. I parked in front of the vacant lot. There are always cars parked there (see pics), there is a NO DUMPING sign on the lot fence, but there is NOT a "no parking" sign. Nor is there a sign that advises that this is a driveway. Nor is the sidewalk indented so that cars could use this as a parking lot.

I kindly request that you void this ticket.

Thank you for your assistance.

Very truly yours,
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Old 11-04-2008, 06:23 PM
 
4 posts, read 130,148 times
Reputation: 18
Dear bmwguydc and quelinda,
I truly appreciate your help! Thank you for your advice because right now this is the only thing I have. This copy of the letter really helps a lot. And also I didn't even know the address where to go to. Thank you so much!!! I will let you know what happens and may be ask for more advice.
But REALLY -- THANK YOU!!!
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Old 11-04-2008, 06:51 PM
 
650 posts, read 2,518,030 times
Reputation: 299
Going to try to get a reduced fine myself. I just got notices in the mail, 4 seperate for unpaid tickets (no standing). I never got tickets (it was suggested there are people that steal them off cars?).
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Old 11-04-2008, 07:08 PM
 
1,867 posts, read 4,079,052 times
Reputation: 593
No problem Balletmama, good luck!

Quote:
Originally Posted by pureistheword View Post
Going to try to get a reduced fine myself. I just got notices in the mail, 4 seperate for unpaid tickets (no standing). I never got tickets (it was suggested there are people that steal them off cars?).
Here is the site where you can find all the tickets under your license plate number:

NYC Serv - New York City On-Line Payment Services

Click on image to see a copy of the actual ticket. From that you can see if anything is incorrect, like the color of the car. Most of the information must be accurate or regardless of guilt, the ticket is dismissed on a technicality. I used to get tons dismissed this way, but now they use this scanner to create an electronic ticket with less room for human error.

Otherwise, check to see if you were standing in a legal place. If so, take pictures and just insist that you were legal. One time I was parked right in front of a bus stop, but believe me I was definitely up far enough away from the bus stop, but this jerk gave me a ticket..a flat out lie. I insisted he was lying and they believed me and let me off the ticket. There is a relatively recent case in the NY Supreme Court where a ticket was dismissed because the car owner swore he wasn't parked there until after the permitted time, though the officer gave him a ticket for being there 3 minutes early. The judge held (and so this is now binding law upon the administrative traffic court) that if the car owner gives a statement that is plausable that he is not guilty, then it is the TRAFFIC AGENCY'S BURDEN to overcome that statement or evidence. In that case, the guy insisted that he was not parked there 3 mins before the permitted time and since the traffic agency just simply said in response to his request for dismissal that his statement wasn't credible, without giving any evidence as to why his statement was less credible than the officer's, he won his appeal. So if you are telling the truth and you lose, you can always appeal it and reference this case (if you google you will find it).
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Old 11-04-2008, 08:01 PM
 
Location: Washington, DC & New York
10,914 posts, read 31,403,971 times
Reputation: 7137
Quote:
Originally Posted by BalletMama View Post
Dear bmwguydc and quelinda,
I truly appreciate your help! Thank you for your advice because right now this is the only thing I have. This copy of the letter really helps a lot. And also I didn't even know the address where to go to. Thank you so much!!! I will let you know what happens and may be ask for more advice.
But REALLY -- THANK YOU!!!
You're welcome. I think the administrative immediate hearings are 8:30-4 or 4:30 if you choose to go that route. Whatever means you use for the appeal, best of luck to you!
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Old 03-22-2009, 12:15 PM
 
2 posts, read 62,691 times
Reputation: 11
Default HELP... NYC parking ticket... Is this RIGHT???

My wife and I decided to stop so she can drive. As I got out the car with the passenger door wide open waiting for my wife to walk around, a DOT officer started to give us ticket. Can i fight the ticket?
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Old 03-23-2009, 10:55 AM
 
Location: Washington, DC & New York
10,914 posts, read 31,403,971 times
Reputation: 7137
Quote:
Originally Posted by willrich4294 View Post
My wife and I decided to stop so she can drive. As I got out the car with the passenger door wide open waiting for my wife to walk around, a DOT officer started to give us ticket. Can i fight the ticket?
You can try to fight the ticket, but the probablility of success depends upon the type of zone where the ticket was issued. It does seem rather petty that they issued the ticket in the first place as opposed to telling you to move along. I would definitely try to fight it, though, since you could get the fine reduced, if nothing else.
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