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Handicapped Space in unused parking lot

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Curious2212

Junior Member
What is the name of your state (only U.S. law)? NY
I was attending a family function & parked my car in a Handicapped space of an unused car parking lot. The parking lot used to be for Duane Reade however the store has been unoccupied for over 6 months. Can I fight this ticket? The fine is for $230.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY
I was attending a family function & parked my car in a Handicapped space of an unused car parking lot. The parking lot used to be for Duane Reade however the store has been unoccupied for over 6 months. Can I fight this ticket? The fine is for $230.
I think that is an interesting question. I think that if I were in your shoes I would try to fight the ticket based on the fact that the store was unoccupied and the parking lot unused for its normal purpose. I cannot guarantee that you will win, but I don't think that anyone can guarantee that you will lose either.
 

Zigner

Senior Member, Non-Attorney
I think that is an interesting question. I think that if I were in your shoes I would try to fight the ticket based on the fact that the store was unoccupied and the parking lot unused for its normal purpose. I cannot guarantee that you will win, but I don't think that anyone can guarantee that you will lose either.
Really? The "normal purpose" is a place for cars to park. Our OP parked in the lot. Thus, the lot WAS being used for it's "normal purpose"
 

Indiana Filer

Senior Member
What is the name of your state (only U.S. law)? NY
I was attending a family function & parked my car in a Handicapped space of an unused car parking lot. The parking lot used to be for Duane Reade however the store has been unoccupied for over 6 months. Can I fight this ticket? The fine is for $230.
Why couldn't you park in one of the non disabled spots in the lot? You admit to violating the law, so pay your ticket and learn a lesson from this.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? NY
I was attending a family function & parked my car in a Handicapped space of an unused car parking lot. The parking lot used to be for Duane Reade however the store has been unoccupied for over 6 months. Can I fight this ticket? The fine is for $230.
Unless the law has an exception as offered by you, this so called "Justification" has no legal merit.

Justification is a defense to certain acts, but the reasoning has to be accepted by the court?
 

justalayman

Senior Member
Really? The "normal purpose" is a place for cars to park. Our OP parked in the lot. Thus, the lot WAS being used for it's "normal purpose"
I believe LidJ's statement was referring to its purpose being parking for the business that used to be at that location. As such, the HC spaces are not enforceable (maybe) because the location is based upon the people entering that store.

To stretch that a bit further.

If the building was razed but the lot, and markings, remained, would the HC restrictions still be enforceable?

I believe the spirit of the law would support LdiJ's point even though the letter may not. It might be worth a shot.

I am not inclined to hunt up the requirements for HC markings but if I were the op, I would consider LdiJ's argument but also make sure the markings in place were 100% adequate per NY laws.
 

Zigner

Senior Member, Non-Attorney
Don't we try to avoid wild goose chases? :confused:

Yes, it can't hurt to ask for leniency...but really. The ONLY spot this guy could park in was the handicapped spot?
 

LdiJ

Senior Member
Really? The "normal purpose" is a place for cars to park. Our OP parked in the lot. Thus, the lot WAS being used for it's "normal purpose"
The normal purpose of handicapped parking spaces is to allow a disabled person to park close to the store so that they have less distance to travel to get into the store, and also to provide more space for entering and exiting the vehicle.

As the store is unoccupied there would be no need for a handicapped person to use the parking space.

Therefore this would not be a wild goose chase. Its a reasonable and logical argument to make to a judge. Again, there is no guarantee that the OP would win, but I don't think that there is any guarantee that he would lose either.
 
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>Charlotte<

Lurker
The normal purpose of handicapped parking spaces is to allow a disabled person to park close to the store so that they have less distance to travel to get into the store, and also to provide more space for entering and exiting the vehicle.

As the store is unoccupied there would be no need for a handicapped person to use the parking space.

Wouldn't that logic imply, then, that it's okay to park in a handicapped spot after business hours?
 

LdiJ

Senior Member
Wouldn't that logic imply, then, that it's okay to park in a handicapped spot after business hours?
That might be an argument to make in certain circumstances, but its less applicable. A disabled employee of the store might enter it after/before hours. Therefore there is still a chance that the spot would be needed by someone with a disability.
 

Zigner

Senior Member, Non-Attorney
The law does NOT allow the exception you guys are aiming for. It just does not.
 

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