Questions regarding parking tickets

[Trueborn12]

What is the name of your state? NY

Just have few questions that would appreciate any feedback.

1) Is there any documented rules/regulations stating that parking summons written must be 100% accurrate?

2) I received a parking summons for alternate side violation but the officer was in such a rush to finish writing it he put down that my car was BLUE. My car is hunter green, doesn't look like any shade of blue. Is there a way to dispute the summons on the grounds that the summons was not filled out correctly? Ive always observed the " Under penalty of perjury" statement at the bottom of each ticket and was wondering technically if the issuing officer is stating the above statement is true and he is swearing under penalty of perjury, if in fact there is a way to have it dismissed due to incorrect info?

I mean i do not own a BLUE car. I know it seems petty but ive paid a handful of tickets that I was clearly in the right but calculated price of fine vs. price of taking day off to fight it. I just wanna stick them once if i can.

[The Occultist]

OP, under your logic, murderers could be let completely off the hook for simple clerical errors. Wouldn't that be neat.

[PrinceCharming]

*cough* OJ Simpson *cough*

[You Are Guilty]

Ironically (?) someone from NY just posted a few hours ago about his trip fighting a ticket and quoted the ALJ who told him what effect the wrong color has on a parking ticket. Had someone spent the same amount of time searching as they did posting this question (for the 10th time this month), we'd all be a lot happier.

http://forum.freeadvice.com/showpost.php?p=1714830&postcount=15

[PrinceCharming]

Originally Posted by Trueborn12

What is the name of your state? NY

Just have few questions that would appreciate any feedback.

1) Is there any documented rules/regulations stating that parking summons written must be 100% accurrate?

2) I received a parking summons for alternate side violation but the officer was in such a rush to finish writing it he put down that my car was BLUE. My car is hunter green, doesn't look like any shade of blue. Is there a way to dispute the summons on the grounds that the summons was not filled out correctly? Ive always observed the " Under penalty of perjury" statement at the bottom of each ticket and was wondering technically if the issuing officer is stating the above statement is true and he is swearing under penalty of perjury, if in fact there is a way to have it dismissed due to incorrect info?

I mean i do not own a BLUE car. I know it seems petty but ive paid a handful of tickets that I was clearly in the right but calculated price of fine vs. price of taking day off to fight it. I just wanna stick them once if i can.

I happened to come accross the following link. Read it, it might be helpful.

[url]http://forum.freeadvice.com/showthread.php?t=376331[/url]

[Trueborn12]

I figured as much, just wanted to know if there was a way out of it. I mean if someone can sue Mcdonalds for making them overweight or sue the cable company for having shows that make you not wanna go to work and get fired, was wondering if there was anything.

And yes, murderers could go free for errors if the police report have them at 6' 1" when they are 5' 11". Then again you could catch a guy killing 10 people on video tape but if it was obtained illegally he goes free. Ok maybe i watch too much Law & Order.

Anyway thanks for the input guys.

[jasesun23]

I was the one who just recently fought a parking ticket I got in Manhattan for night regulations. Just as You Are Guilty said the Judge told me that color and year do not matter. He did mention that if your body type (car) is different from your registration then that is grounds for dismissal. Even if your registration has the wrong body type. Sedan and Coupe are both consider sedans according to parking violations. Other than that a friend sent me a pdf file from the dept of finance which shows a picture of an example ticket and what needs to be correct, if anything it mentions is missing or incorrect the ticket is defective. The strange thing is the Dept of Finance doesn't seem to make it available anymore. My friend must of had it saved. The title of it is " It's the Law: Your Rights When Disputing A Defective Parking Ticket"

[You Are Guilty]

Originally Posted by jasesun23

I was the one who just recently fought a parking ticket I got in Manhattan for night regulations. Just as You Are Guilty said the Judge told me that color and year do not matter. He did mention that if your body type (car) is different from your registration then that is grounds for dismissal. Even if your registration has the wrong body type. Sedan and Coupe are both consider sedans according to parking violations. Other than that a friend sent me a pdf file from the dept of finance which shows a picture of an example ticket and what needs to be correct, if anything it mentions is missing or incorrect the ticket is defective. The strange thing is the Dept of Finance doesn't seem to make it available anymore. My friend must of had it saved. The title of it is " It's the Law: Your Rights When Disputing A Defective Parking Ticket"

Oddly, the City removed that pdf from it's original location, but one of the other posters found it's new home and posted a revised link (a search for "NYC parking ticket" will find it if you read through a few of the results). Despite the ALJ's statement, color and year can result in dismissals, if the ALJ is sympathetic (quite rare, IMO). However, the rule is that they are not "fatal" errors which require a dismissal - they are discretionary.

One of the odd things about discretionary errors is that I have had very little success arguing them via mail or even in person, back in my college days. Yet on the few occasions when I would stop in to the PVB in person on my way back from court (back when the PVB was located at 1 Centre), I was treated like royalty. As soon as I'd walk in, the clerk would politely say "Good morning, counselor. How many do you have today?" I'd say "just one" and get put in the front of the line. Walk in to the hearing room and the ALJ would ask "What have you got?" I'd hand the ticket over without saying anything and they would either dismiss it without asking any questions, or ask for a copy of the reggy or other supporting documentation.

Long story short, lawyers used to stand a much better chance of getting tickets dismissed - even lawyers who don't practice traffic law. Now that the PVB moved to John St., none of those "perks" seem to be in place - they like to screw everyone equally.

Back to the regularly scheduled thread, already in progress.

[PrinceCharming]

Originally Posted by You Are Guilty

One of the odd things about discretionary errors is that I have had very little success arguing them via mail or even in person, back in my college days.

We had a difference of opinion as to come down in person or to dispute via mail or on-line.

I had 7 out of 7 personal parking violations dismissed since November 2006. which I have disputed them all on-line to support my opinion.

You have an article and your own experience to support your opinion.

I believe that the reason why I beat all 7 tickets on-line because they were not discretionary errors. They were easily proven errors (like wrong address). Those errors can be beaten on-line since the law requires those tickets dismissed.

With regards to the discretionary errors, I now agree with your opinion. Always go down in person.