Appealing a Parking Ticket Decision & Public Records Request

[gypsyblues]

What is the name of your state (only U.S. law)? New York

I was ticketed for no standing and my car was towed in New York City 2 weeks ago. I do believe I'm in the right and want to fight it.

Here's the situation. On a Tuesday afternoon, I parked on a Tuesday / Friday alternate side rules parking space. On Friday, when I returned to re-park it, the car was gone. Fast forward to me retrieving it from the NYPD impound lot and surprised to find a ticket for no standing on the 'opposite of' the address where I was actually parked. The car was towed on Thursday. I live in the neighborhood and know the parking rules well. I would never park in a no standing zone especially when I put in the time to wait for a perfectly good legal space elsewhere. I decided to fight the ticket by claiming I was parked in a legal spot 'in front of' the address and not 'opposite of' as the ticket purports. I took video of the entire block and even the opposite side where my car was alleged to have been (although I am confident it was not!). The adjudicator decided to uphold the ticket on the grounds that there was insufficient evidence to prove I was not parked illegally. Well, of course I couldn't prove it if my car was unlawfully towed!

I so believe in my case that I want to appeal. I contend that the parking warrior made a mistake and misapplied the sign on the opposite side to the entire block (or he just plain lied). I passed by the scene again and noticed there are cameras right in front of where my car was parked. I was wondering whether I could submit a public records request to see the exact moment my car was ticketed & towed. If it was legally parked on the right side of the street, then I feel I can prove my innocence and be vindicated.

Can this work? If not, what are my other recourses with an appeal?


Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? New York

I was ticketed for no standing and my car was towed in New York City 2 weeks ago. I do believe I'm in the right and want to fight it.

Here's the situation. On a Tuesday afternoon, I parked on a Tuesday / Friday alternate side rules parking space. On Friday, when I returned to re-park it, the car was gone. Fast forward to me retrieving it from the NYPD impound lot and surprised to find a ticket for no standing on the 'opposite of' the address where I was actually parked. The car was towed on Thursday. I live in the neighborhood and know the parking rules well. I would never park in a no standing zone especially when I put in the time to wait for a perfectly good legal space elsewhere. I decided to fight the ticket by claiming I was parked in a legal spot 'in front of' the address and not 'opposite of' as the ticket purports. I took video of the entire block and even the opposite side where my car was alleged to have been (although I am confident it was not!). The adjudicator decided to uphold the ticket on the grounds that there was insufficient evidence to prove I was not parked illegally. Well, of course I couldn't prove it if my car was unlawfully towed!

I so believe in my case that I want to appeal. I contend that the parking warrior made a mistake and misapplied the sign on the opposite side to the entire block (or he just plain lied). I passed by the scene again and noticed there are cameras right in front of where my car was parked. I was wondering whether I could submit a public records request to see the exact moment my car was ticketed & towed. If it was legally parked on the right side of the street, then I feel I can prove my innocence and be vindicated.

Can this work? If not, what are my other recourses with an appeal?


Thanks

You're spitting in to the wind on this one...really. You CANNOT provide any evidence that what the ticketing officer/agent said was false or incorrect. Think of it as a score card...you have to be ahead in the score at the end of the game to win. First volley: You are ticketed for parking incorrectly. Return volley: Nothing. Score is now 1-0. The score remains 1-0 for the entire game. You lose.

 

[HighwayMan]

You can't "appeal" since you haven't even adjudicated your ticket yet.

Feel free to follow the adjudication procedure printed on the ticket. You may have a walk-in hearing, do it online, or by mail.

It is highly doubtful you will be able to get any video, and the video YOU shot is pretty meaningless. This will be a "he said/he said" situation.

Who wrote the ticket? A police officer or a traffic agent? Was it a computer-printed ticket or hand written?

Your chances are slim to none, but if you want any chance at all I would go for the walk-in hearing.

 

[Zigner]

You can't "appeal" since you haven't even adjudicated your ticket yet.

The OP said that already happened:

The adjudicator decided to uphold the ticket on the grounds that there was insufficient evidence to prove I was not parked illegally.

 

[HighwayMan]

Boy, I don't know how I missed that one.

OP can, of course, appeal, but no new evidence can be introduced. It would appear that he will not be winning this one.