Parking Ticket with wrong body type

[moracca]

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

I received a parking ticket for parking on the wrong side of the street during street cleaning. The body type on the ticket is reported as a 4-door sedan, whereas my car is actually a 2-door coupe. I was under the impression that this ticket could be automatically dismissed as defective, however when I fought it online, I received a letter in the mail saying that my unsupported claim of wrong body type is unpersuasive.

I attached a picture of my vehicle to the evidence of the plea which clearly shows that it is 2-door. What gives? Should I appeal it, or just pay it?


Thanks in advance!

 

[justalayman]

was there a VIN or license plate number on the ticket?

 

[HighwayMan]

An appeal is free so go for it. Keep in mind you cannot introduce any new evidence when you appeal.

Incidentally, you'll have to pay it anyway, even if you appeal. If you win you get a refund.

The error you point out is not particularly relevant if the other information on the violation notice is correct, so your chances of winning are slim.

 

[HighwayMan]

I attached a picture of my vehicle to the evidence of the plea which clearly shows that it is 2-door. What gives? Should I appeal it, or just pay it?

By the way, how did you take a picture of your car, i.e. are the plates visible? How does the photo link the pictured vehicle with the one in violation?

 

[You Are Guilty]

Not exactly on point, but here are some tips about taking photographs when fighting a NYC parking ticket. (While the precise tips won't help you on appeal, up you should certainly take note of the logic behind the recommended photos when submitting your own).

http://www.newyorkparkingticket.com/Blog/bid/30335/Do-you-Know-How-to-take-Photographs-to-Beat-a-NYC-Parking-Ticket

 

[moracca]

thanks for the advice guys, I guess I'll just pay it if I can't add any more evidence in an appeal. The photo was taken from the side so its not clear that its the same vehicle.

 

[HomeGuru]

thanks for the advice guys, I guess I'll just pay it if I can't add any more evidence in an appeal. The photo was taken from the side so its not clear that its the same vehicle.

**A: you did not answer post #2. Please provide the answer.

 

[moracca]

yes the license plate number is on the ticket, but I was under the impression that if the body type is not accurate, the ticket would be automatically thrown out.

 

[justalayman]

yes the license plate number is on the ticket, but I was under the impression that if the body type is not accurate, the ticket would be automatically thrown out.

Maybe you put the plate on your 4 door car that day and the description on the ticket is accurate.

 

[moracca]

impossible since scion does not make a 4-door sedan and it say's Scion on the ticket

 

[justalayman]

impossible since scion does not make a 4-door sedan and it say's Scion on the ticket

sedan would be a subjectively used term. I do not see why the xD or xB could not be called a sedan.

 

[moracca]

well its the only car I own.. i really don't see how that's a valid argument. who's to say someone didn't come take my license plate off my car, put it on theirs, park illegaly, and then come put it back on my car?

 

[justalayman]

well its the only car I own.. i really don't see how that's a valid argument. who's to say someone didn't come take my license plate off my car, put it on theirs, park illegaly, and then come put it back on my car?

Ah, the old: somebody borrowed my plate and returned it after they were done, defense. So far it hasn't worked for anybody.

and how do the parking enforcement folks know it was even your car?

did you report a stolen or missing plate to the police to support your "the borrowed plate" theory?

 

[moracca]

I wasn't serious about the borrowed plate thing, I was saying that that is about as rediculous as saying I put it on my other non-existent car

 

[Free_Advice]

yes the license plate number is on the ticket, but I was under the impression that if the body type is not accurate, the ticket would be automatically thrown out.

Is there a regulation/rule or law that supports your claim? Please post. Otherwise, its an affirmative defense & I think its a losing defense.

Is this all you argued?