How to Fight a Parking Ticket

Parking tickets are a key source of revenue for New York City. Last year, the city raised millions of dollars by putting those annoying slips of paper under windshield wipers. The Department of Transportation is constantly looking for opportunities to add to this revenue source, so if you double park, ignore the parking signs, or block a bus stop, fire hydrant, or intersection, there is a good chance you will get a ticket.

What should you do if you get a ticket? For starters, don't ignore it. Either contest the ticket or pay it promptly. If you fail to take any action at all and let your outstanding parking tickets pile up, not only will you incur late penalties, but the sheriff's or marshall's office will eventually track down your vehicle and tow it, requiring you to pay off all your tickets -- as well as the late penalties and towing charges -- before it is released.

If you decide to fight the ticket, make sure you take the steps that are mostly likely to help you win. We have found the following five strategies invaluable for successfully fighting a parking ticket.

I. Examine the ticket carefully. All parking tickets should include the following 12 items:

1. License plate number.

    

2. Plate type (passenger/commercial).

    

3. Registration date (mm/dd/yy).

    

4. Make and model of vehicle.

    

5. Body type (e.g. sedan, station wagon)

    

6. State of registration.

    

7. Description of vehicle.

    

8. Description of the violation.

    

9. Date of the violation.

    

10. Time of violation (including AM or PM).

     

11. Place (should be specific enough to describe only one location).

     

12. Signature of agent issuing ticket.

If any of these items are missing, incomplete or incorrect, the parking ticket is likely to be easily dismissed.

II. Know your rights. It is not unusual for tickets to be issued mistakenly. If your summons is for disobeying the alternate side of the street parking schedule, but the rules were suspended or Sunday rules were in effect, the ticket should be dismissed. Likewise, you should not pay for a ticket if the sign governing the area is missing, illegible, defaced or obscured. And contrary to what your ticket might indicate, the law does allow you to load and unload passengers and merchandise while your car stands in a no parking zone -- just make sure your errands are completed quickly and do not stray far from your car.

III. Obey the rules regarding broken meters. You should also be able to successfully fight a ticket if the parking meter is fast or broken. Simply check the box for "broken or fast" meter on the ticket and send it in.

Do not view a broken meter as a free ride, however. You are only allowed to park at a broken meter for the amount of time the meter would allow if it was working. For example, if the meter says "1 hour parking" you can only park there legally for one hour. Similarly, even if the meter is fast, don't consider that license to stay longer than the time stipulated. As you can imagine, the Parking Violations Bureau (PVB) does not take kindly to the issue of broken meters anyway ("Cool Hand Luke" is not their favorite movie), so you have the best chance of winning if you know the rules and follow them to the letter.

IV. Postpone your visit to the PVB. It is best to contest ALL tickets by mail first, rather than immediately trotting off to fight with the PVB. For some reason, PVB personnel seem to look more kindly on people they do not actually have to deal with face-to-face. By making your appeal via a well-composed letter, you will save time, aggravation, and have a better chance of being successful. In addition, since the PVB offices are notorious for being in locations without sufficient parking spaces, you may even save yourself the hassle of another ticket.

It can take months before the PVB responds to your letter. In the meantime, you may get notices of late penalties. Stick to your guns and ignore them. The PVB cannot impose late penalties if you are pleading not guilty and your case has not yet been heard.

V. Gather evidence that proves your case. If, for example, the ticket incorrectly lists the address where you were parked, a photo of the site, showing your car and the number of the building you parked in front of may help get the ticket dismissed. Similarly, if you still had time on the meter, notarized statements from witnesses make a stronger argument than your word alone.

Other Helpful Hints

• Pay by check or keep a receipt as proof of payment. A friend of ours once stood in line at the PVB behind a man who protested -- to no avail -- that he had paid his ticket but did not have the receipt. Learn from his mistake and use a check so that you will always have a record of your payment. Keep records for up to seven years -- the PVB has been known to bill and rebill for tickets that have already been paid.

• Use certified mail with return receipt requested to send your ticket payment or your appeal to the DOT. This will provide proof of your timely response and help you fight late penalties if your documents are somehow lost or misplaced.

• Complete the "pay to" portion of a money order or cashier's check, if you choose not to pay by check. Payment should be made to the "NYC Department of Finance at the Parking Violations Bureau." If you leave the space empty, anyone can cash your money order or cashier's check.

• Know the Rules of Appealing. If you were not successful in fighting the ticket the first time around, don't hesitate to appeal the guilty ruling. But remember that you must first pay the fines and penalties. Be patient -- the PVB will refund the money if you win the appeal.

Resources

Need to know more? Thankfully, New York has everything, including a number of books on the topic of parking tickets. We found the following books to be particularly helpful.

Secrets of the Parking Violations Bureau: Confessions of an Ex-Judge by Andrew Kone.

The Original How to Beat a Parking Ticket, 2nd Edition written by Joel S. Peskoff.

Beat NYC Parking Tickets by Mail with the Z System, a companion piece to Peskoff's book, which includes sample letters and forms to help you get your ticket dismissed.

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