Rental Car Hydrant Parking Ticket

[1tenant]

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

I rented a uhaul to move out of my apartment during when the city get ticket happy.
I was standing at a fire hydrant waiting. Even in the car a dotcop started a ticket so I drove off.

I went around the block and parked legal. The cop finds me and gives me the ticket.

Long story short. I got a letter that I was guilty lack of proof from a administrative judge.

1)can I appeal to higher court other then administrative traffic court?

2) Which court and How can I file a counter claim in traffic ticket matters?

3) Traffic tickets are civil or criminal? What jurisdiction of law?

[You Are Guilty]

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

I rented a uhaul to move out of my apartment during when the city get ticket happy.
I was standing at a fire hydrant waiting. Even in the car a dotcop started a ticket so I drove off.

I went around the block and parked legal. The cop finds me and gives me the ticket.

Long story short. I got a letter that I was guilty lack of proof from a administrative judge.

1)can I appeal to higher court other then administrative traffic court?

2) Which court and How can I file a counter claim in traffic ticket matters?

3) Traffic tickets are civil or criminal? What jurisdiction of law?

If you could re-post that using some semblance of English, I may have some suggestions for you. As written though, I can't tell what the heck happened.

[1tenant]

Please bare with me I am determined to get good at this.

I got a guilty notice for parking ticket and would like to appeal. guilty for lack of proof.

1) I want to appeal my parking ticket but to a higher court and not the proceed with the nyc dept of finance appeal process.

Can I appeal to a higher court?

2) I want to file a counter claim. Is it possible to do so? which court?

3) Parking tickets are criminal or civil action? I want to better understand the nature of parking tickets for my research.

I would like to add this,

4) How do you file motions in parking ticket proceedings? example motions for discovery. motions to dismiss.

If you could re-post that using some semblance of English, I may have some suggestions for you. As written though, I can't tell what the heck happened.

[racer72]

What is your reason to appeal. Nothing in your post suggests the ticket was improper or illegal. You can't appeal just because you did not like the decision.

[1tenant]

I was in the car ready to move. it was given a ticket anyway. I am going to appeal best I can, maybe I will find supporting reasons while I research.

I appreciate the help with my questions.

What is your reason to appeal. Nothing in your post suggests the ticket was improper or illegal. You can't appeal just because you did not like the decision.

[You Are Guilty]

If English is not your first language, I apologize, but this is still a bit difficult to understand, and the specific details matter. I will try to answer what I can and feel free to add more details if I miss something.

I got a guilty notice for parking ticket and would like to appeal. guilty for lack of proof.

What proof did you give them the first time? Did you mail it, or do it in person?

1) I want to appeal my parking ticket but to a higher court and not the proceed with the nyc dept of finance appeal process. Can I appeal to a higher court?

No. NY law requires that you exhaust all your administrative remedies before you can move the case to a "real" court. If you lose the appeal though, you can file what is called an "Article 78" action in Supreme Court which would get a real judge assigned. This is way more expensive than the cost of the ticket (it's $305 just to file the papers alone) and you have to follow a lot of laws to do it right, which is why most tickets never get this far.

2) I want to file a counter claim. Is it possible to do so? which court?

Counter claim for what? Against who? Probably not going to happen.

3) Parking tickets are criminal or civil action? I want to better understand the nature of parking tickets for my research.

For parking at a hydrant? 100% civil. It doesn't go on your "record" and it is definitely NOT a "crime".

You can read more about it here (and if you scroll to the bottom of the page, it is available in other languages besides English):
http://www.nyc.gov/html/dof/html/parking/park_tickets_common.shtml

4) How do you file motions in parking ticket proceedings? example motions for discovery. motions to dismiss.

You don't. It's an administrative hearing, not a court case, so it's not allowed.

Now, here's something that might be helpful, but only if the ticket was for blocking a hydrant. Section 1202(3)(b) of the Vehicle and Traffic Law says that you cannot:

3. ...
(b) 1. No person shall stop, stand or park a vehicle within fifteen
feet of a fire hydrant except when such vehicle is attended by a
licensed operator or chauffeur who is seated in the front seat and who
can immediately move such vehicle in case of emergency, unless a
different distance is indicated by official signs, markings or parking
meters.
2. No person shall stop, stand or park a vehicle within fifteen feet
of a fire hydrant except when such vehicle is attended by a licensed
operator or chauffeur who is seated in the front seat and who can
immediately move such vehicle in case of emergency, when such vehicle
impairs or hinders the access of a fire vehicle to a fire hydrant while
such fire vehicle is engaged in an emergency operation, unless a
different distance is indicated by official signs, markings, parking
meters or the provisions of any local law, rule, or ordinance.

What that means is that it is legal to park next to a fire hydrant if there is a licensed driver in the front seat who can move it if needed. So, if you had a driver in the truck and still got a ticket, you can (and should) fight it based on this statute.

Good luck.

[1tenant]

Thank you for your advice. its well appreciated.

My first reaction was to look for what a ticket might be. I found various material saying it was a presentment. from there I found something called refusal for cause with U.C.C. §2-207(c) and §3-501(b). if you look up proper refusal for cause in a search engine.

I know what people say about things like this. I got response guilty lack of proof.

Parking ticket is civil but you still have to plead like criminal?

I don't want to be part of any administrative hearings.

[You Are Guilty]

Thank you for your advice. its well appreciated.

You are welcome.

My first reaction was to look for what a ticket might be. I found various material saying it was a presentment. from there I found something called refusal for cause with U.C.C. §2-207(c) and §3-501(b). if you look up proper refusal for cause in a search engine.

I do not know what you searched for, but the UCC has nothing to do with this, at all.

I know what people say about things like this. I got response guilty lack of proof.

What proof did you give them? (And if you didn't give any proof, then why would you think they would dismiss the ticket?)

Parking ticket is civil but you still have to plead like criminal?

Basically. But it is not even close to being a crime to plead guilty to a parking ticket.

I don't want to be part of any administrative hearings.

And I don't want to go to work every day at 8:30am, but I do it. Sometimes you just don't have a choice.

[1tenant]

You are welcome.

I do not know what you searched for, but the UCC has nothing to do with this, at all.

What proof did you give them? (And if you didn't give any proof, then why would you think they would dismiss the ticket?)

I sent them a letter stating I refuse contract with them stated the U.C.C. §2-207(c) and §3-501(b). 72 hours to refuse a contract. treated it as financial instrument.

What does ucc 207(c) and §3-501(b) mean to you?

It says notice on the ticket.
What is a Notice?
What is the origin of the ticket.
is it a security interest?
Is it a bill?

Basically. But it is not even close to being a crime to plead guilty to a parking ticket.

If its no crime then i shouldn't have to plead. It sound to me that the administrative court is like arbitration or something.

And I don't want to go to work every day at 8:30am, but I do it. Sometimes you just don't have a choice.

Nothing wrong with making your daily bread. Better then 2 boxes of multiple choice on a parking ticket thats for sure.

I know its business for the city nothing personal.

[justalayman]

=1tenant;2711977]I sent them a letter stating I refuse contract with them stated the U.C.C. §2-207(c) and §3-501(b). 72 hours to refuse a contract. treated it as financial instrument.

You have got to be kidding. I've heard a lot of silly arguments but I think this is the silliest one yet.

You were given a ticket. It isn't a contract. It isn't a financial instrument. It is a charging instrument used to notify you of the charges being filed against you in the courts.

If its no crime then i shouldn't have to plead. It sound to me that the administrative court is like arbitration or something.

then don't. Only you will suffer the consequences.



You are guilty gave you your defense, if applicable. If not, you are guilty and just need to quit before you get yourself in trouble with the silly arguments you have presented here and pay the ticket.

[The Occultist]

If its no crime then i shouldn't have to plead.

I think you're misunderstanding how our legal system works in the US. There are two types of infractions: criminal, and civil. When YAG informed you that what you did was not a crime, he was simply stating that they weren't holding criminal charges against you, as what the state is charging you with is a civil infraction. The means you are still officially being accused as having done something wrong and you must still take the necessary steps to rectify the situation.

[You Are Guilty]

I sent them a letter stating I refuse contract with them stated the U.C.C. §2-207(c) and §3-501(b). 72 hours to refuse a contract. treated it as financial instrument.

Well, I hate to say "I told you so", but... really, what did you expect? And since you didn't provide any actual evidence with your first try, I'm not sure you have any chance on appeal, even if you have a notarized photo of you and the Pope sitting in the front seat of the truck while being handed the ticket - appeals review old evidence, not new evidence. Appeal anyway, and cross your fingers.


PS. Do you have a brother named Dillon by any chance?

[Dillon]

If you could re-post that using some semblance of English, I may have some suggestions for you. As written though, I can't tell what the heck happened.

i understood what the op said, are you the englich police?

and the spell check police, too?

[Dillon]

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

I rented a uhaul to move out of my apartment during when the city get ticket happy.
I was standing at a fire hydrant waiting. Even in the car a dotcop started a ticket so I drove off.

I went around the block and parked legal. The cop finds me and gives me the ticket.

Long story short. I got a letter that I was guilty lack of proof from a administrative judge.

1)can I appeal to higher court other then administrative traffic court?

2) Which court and How can I file a counter claim in traffic ticket matters?

3) Traffic tickets are civil or criminal? What jurisdiction of law?

An interesting facet of being heard by an administrative law judge is that such a hearing presumes you are subject to federal regulatory control!

I would notice this so-called judge, its my understanding, i was in fact without the UNITED STATES (aka the federal government) at the time of the so-called offense. i am not a government employee or if you think so, i quit.

[Dillon]

You have got to be kidding. I've heard a lot of silly arguments but I think this is the silliest one yet.

You were given a ticket. It isn't a contract. It isn't a financial instrument. It is a charging instrument used to notify you of the charges being filed against you in the courts.

its all about agreements - one can revoke their signiture for faurd and lack of full and complete discloser of all materal facts.

A security interest defined is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt.

like a promiss to (perform) as to appear per the citation agreement or pay a debt of money to the court?