recieved a code 20 parking violation for a street cleaning sign.

[myluckydawg]

i was parked illegally during street cleaning hours in brooklyn. typically if i had forgotten, like a i did, i would pay the reduced fine online.
however this ticket was checked with code 20 which is just a general no parking violation.
i was wondering if anyone knew if this was grounds for dismissal before i fork over the cash.
probably not but i'd love to hear otherwise... any thoughts.
what i mean exactly is that i think it's possible that i was issued a violation for code 20 when it should have been code 21.
thanks

[You Are Guilty]

Originally Posted by myluckydawg

i was parked illegally during street cleaning hours in brooklyn. typically if i had forgotten, like a i did, i would pay the reduced fine online.
however this ticket was checked with code 20 which is just a general no parking violation.
i was wondering if anyone knew if this was grounds for dismissal before i fork over the cash.
probably not but i'd love to hear otherwise... any thoughts.
what i mean exactly is that i think it's possible that i was issued a violation for code 20 when it should have been code 21.
thanks

I know it may be hard to believe, but we don't memorize all the PVB codes on parking tickets. What (sub)sections are listed for 20 & 21? (It's entirely possible you were guilty of either/both, but you never know).

[HighwayMan]

Code 20 is "No Parking" - TR 4-08 (d)
Code 21 is "No Parking (street cleaning)" TR 4-08 (d)(1)

The street cleaning statute is a subsection of the regular "no parking".

My professional opinion is that you can't get it dismissed for that reason. Street cleaning is just a more specific case of "no parking".

This is what 4-08 (d) says:

(d) Violation of posted no parking rules prohibited.
When official signs, markings or traffic control devices have been posted prohibiting, restricting or limiting the parking of vehicles, no person shall park any vehicle in violation of the restrictions posted on such signs, markings or traffic control devices, except as otherwise provided herein


Ideally, you can be written for sub "d" for street cleaning, since it meets the requirements of the statute, but the specific restrictions on the sign should be written on the ticket, i.e. on the parking ticket there is a box labelled "other description, rider, or time limit" - that box should be filled in with "street cleaning rules" or whatever else the sign says. Also the days/times of the restriction need to be noted.

Only difference in the violations is that as long as you were outside of "the forbidden zone" in Manhattan, the fine for the "no parking - street cleaning" is $15 less.

[You Are Guilty]

I stand corrected. Some people did memorize the codes.

If Highwayman's info as to which code is which rule is correct, then his conclusion is similarly correct. You can frequently be written up under different sections for parking infractions, and this is a prime example of how that happens.

I do think that street cleaning tickets are eligible for settlements though. Unless there is a glaring error elsewhere on the ticket, might as well jump on it.

[HighwayMan]

Originally Posted by You Are Guilty

I stand corrected. Some people did memorize the codes.

No memorization here. I happened to be at work when I read the original post and had all my paperwork with me!

[HighwayMan]

When many of the NYC parking fines went up to $115 everyone who got a ticket pled "not guilty" when they got any parking ticket.

The PVB was inundated with adjudications. Their solution was to offer an immediate (and very modest) reduction in fine to entice the violator to just plead guilty. I believe this applies to ALL violations, not just the $115 ones.

So if you plead "not guilty" you should get their offer about a month later. Take it or leave it.

Again, the parking notice of violation needs to have the days/times of the restriction noted as well as what the "no parking" restriction was. If you can't read your service copy clearly you can view an image of the original online through nyc.gov. Poke around there and you'll find it easily enough.

[You Are Guilty]

Certain parking tickets are not eligible for the discount - handicapped and hydrant spaces come to mind (but there may be others). You can find out quite easily if you qualify if you call and ask.