Parking Ticket - AM PM time period NOT filled in

[joesmith188]

I live in NYC and i recently received a parking ticket for violating a street cleaning schedule. The sign says 8:00AM-8:30AM Mon - Sat and the officer noted down 8:10 as the time of violation but he forgot to circle AM or PM. I'm planning on fighting this ticket online, does anyone know how this works exactly? Do I just write them an email (since they already have a scan of the ticket online) indicating this is a defective ticket? I just want to make sure I use the correct verbiage. Thanks in advance!!!

 

[sandyclaus]

I live in NYC and i recently received a parking ticket for violating a street cleaning schedule. The sign says 8:00AM-8:30AM Mon - Sat and the officer noted down 8:10 as the time of violation but he forgot to circle AM or PM. I'm planning on fighting this ticket online, does anyone know how this works exactly? Do I just write them an email (since they already have a scan of the ticket online) indicating this is a defective ticket? I just want to make sure I use the correct verbiage. Thanks in advance!!!

I'm sure that it will be seen as a simple oversight which would be easily correctable by the officer who wrote the ticket. It seems pretty clear that the intent was to indicate AM, as the street cleaning wouldn't be taking place at night according to the posted schedule.

And no, you can't simply email them if you still want to try to fight the ticket. You can, however, file an online request for a hearing to dispute the ticket (click here to do so:

 

[HighwayMan]

I'm sure that it will be seen as a simple oversight which would be easily correctable by the officer who wrote the ticket.

Nope - it is not easily correctable. The officer has nothing to do with the process after he writes the violation. No assumptions are made so if something is missing then it is missing.

OP - AM/PM does not get "circled". Is it a hand written ticket or computer printed? If hand written it may be just that the marking did not show on your copy.

 

[Zigner]

Did s/he write "8:10" or "08:10"?

 

[joesmith188]

damn it says 08:10, guess i'll just pay... this damn street changed its signs twice within 3 weeks, so many ppl got tickets when i walked out to check on my car

 

[You Are Guilty]

damn it says 08:10, guess i'll just pay... this damn street changed its signs twice within 3 weeks, so many ppl got tickets when i walked out to check on my car

Ehhhh... I wouldn't be so quick to throw in the towel just yet. While I think you'd have a better shot at making the argument in person, you can still contest, for free, online. (When you go in person, a clerk pre-reviews your ticket to see if there are any "fatal flaws" before wasting the ALJ's time, and they can dismiss it right there if info is missing. They don't do this when you contest online). So in other words, you have nothing to lose but 5 minutes of your time.

The argument is two fold: a) the law requires the ticket to list the actual time of the violation/failure to list the time is a "fatal flaw"; and b) the am/pm boxes are not optional. If they did not need to be checked, then why are they printed on the form? The fact that they are present indicates that they are required.

Will this work? I have no clue. 0810 is an accurate way to say 8am, but it's the PVB, and anything goes.

Read page 4 of the pdf: http://www.nyc.gov/html/dof/downloads/pdf/04pdf/parking_rules39.pdf

 

[joesmith188]

Thank you all for the responses!! please tell me how I can professionally lawyer myself out of this!! thank you guys so much.

"The violation should be dismissed because the Time of observation did not indicate AM or PM; the circles corresponding to AM or PM were not filled in as seen in the scan. This makes the notice of parking violation invalid."

What do you guys think?

 

[Zigner]

Thank you all for the responses!! please tell me how I can professionally lawyer myself out of this!! thank you guys so much.

"The violation should be dismissed because the Time of observation did not indicate AM or PM; the circles corresponding to AM or PM were not filled in as seen in the scan. This makes the notice of parking violation invalid."

What do you guys think?

If the time is listed as 0810, then the am/pm IS shown. I think what You Are Guilty is saying is that you have nothing to lose by contesting the ticket. Personally, after reading the PDF that YAG referred to, I would say that the time is VERY clearly indicated on your ticket, and if that's the only thing you are contesting, then you will not be successful.

 

[You Are Guilty]

If the time is listed as 0810, then the am/pm IS shown. I think what You Are Guilty is saying is that you have nothing to lose by contesting the ticket. Personally, after reading the PDF that YAG referred to, I would say that the time is VERY clearly indicated on your ticket, and if that's the only thing you are contesting, then you will not be successful.

Failure to contest = 100% chance of paying full freight.

Contesting, even on a hyper-technical distinction = (probably) slightly less than 100% chance of paying full freight.

Time needed to contest = 5 minutes (online), 60 minutes (in person).

Full cost of ticket = $65.

Calculus needed: how much is every minute of OP's time worth?

 

[HighwayMan]

If the time is listed as 0810, then the am/pm IS shown...

No!!!! There are 4 boxes for time and they all must be filled in. Any time earlier than "12" must be preceded by a "0". Military time is NOT used. AM/PM is a fill in the oval and MUST be noted or the ticket will be dismissed.

 

[HighwayMan]

Is it a hand written ticket or computer printed? If hand written it may be just that the marking did not show on your copy.

Answer the question please.

 

[joesmith188]

Answer the question please.

Hand written.

I will let you guys know how it goes

 

[HighwayMan]

Then you can look at the original ticket online and see if the oval is filled in. Many times markings are not visible on the service copy of the violation but are there on the original (PVB) copy.

One thing is certain - if AM/PM is NOT noted then the violation should be dismissed.

 

[joesmith188]

"Defective summon dismissed"

I want to thank everyone for your comments!!

 

[Zigner]

"Defective summon dismissed"

I want to thank everyone for your comments!!

Congratulations