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never receive ticket and double parking

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celionyang

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

I realized I got a doubleparking ticket when I went online to pay for another parking ticket. I never double parked and get ticket from meter maid. I took this ticket to judge to appeal, told jude I didn't get this ticket and doublepark, he still said I am guilty. His reason on the paperwork "Respondent's xdenial is not persuasive and unsupportive. Guilty, penalty waived: no summons service copy received."

How can the judge still says I am guilty after I said I didn't double park and never got the ticket and never drive off (ticket says "drive off"). How I can explain the the appeal application so that I will not be charged guilty?

Thanks
 


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Some Random Guy

Senior Member
OK. Meter maid says you did. You say you didn't. Judge listened to both sides and said she was more believable.

What are you going to appeal? Do you have any evidence that says you didn't do it? Did the meter maid describe a different vehicle on the ticket? Did the judge make any legal mistake? If your appeal just says "listen to the same evidence again", its not going very far.
 
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celionyang

Junior Member
I wanted to appeal that I never double park. How will I have evidence that I never double park with I really did not double park there? Can I just go back to the same place and take pictures of that area and prove that the violation is a meter parking area?

How Can I best prove that I am not guilty? I just feels outragous for being forced to pay for a ticket that I never guilty for.

Thanks
 
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celionyang

Junior Member
Also, what do you mean by "Did the judge make any legal mistake?" The judge didn't say anything.. except for the paperwork discription I mentioned ealier.
 
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Some Random Guy

Senior Member
How will I have evidence that I never double park with I really did not double park there?
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Its really hard to prove a negative. Your best bet for an appeal is to prove that your car was someplace else on the day and time in question. Seond best would be to show that the meter maid wrote down "blue pickup truck" along with your plate number, when in fact you have a red Escort.

And as far as the judge making a mistake. There is very little he could do to make a mistake here, since he did in fact listen to your explanation before making his decision. I was just saying that a legal mistake on the part of the judge is a valid reason for an appeal. "I didn't like the verdict" is not a valid reason.

Regardless of whether you infact did double park, It seems doubtful that you can get out of the ticket.
 
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celionyang

Junior Member
I am not there, and if the meter maid is there, he/she would have scan my ticket. On my ticket everything says NA, except for plate state, make, color.

I will appeal again to stand my ground. City cannot just take money from us if we didn't violate the law.
 
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seniorjudge

Senior Member
celionyang said:
I am not there, and if the meter maid is there, he/she would have scan my ticket. On my ticket everything says NA, except for plate state, make, color.

I will appeal again to stand my ground. City cannot just take money from us if we didn't violate the law.
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As said above, if the court did not make a legal mistake, you have no grounds for appeal.
 
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celionyang

Junior Member
I'm sorry but didn't mean to sound stupid here. You said "court", do you also mean the judge at the the NYC dept of finance? I thought we can still appeal after we see the judge at the NYC dept of finance office if we still are not guilty.
 
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seniorjudge

Senior Member
celionyang said:
I'm sorry but didn't mean to sound stupid here. You said "court", do you also mean the judge at the the NYC dept of finance? I thought we can still appeal after we see the judge at the NYC dept of finance office if we still are not guilty.
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Yes, there should be a right of appeal (actually...it's a whole new trial) if the first time was before an administrative law judge (who works for a government bureaucracy, not a court).
 
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smrtnrgtc1983

Member
seniorjudge said:
As said above, if the court did not make a legal mistake, you have no grounds for appeal.
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I have to AGREE with you..."seniorjudge", my advise to this individual is to PAY the stupid ticket and move on to more important matters...come on how much was the TICKET???? if you think real HARD...the amount of time you have spent on arguing your case about the "appeal" you could have PAID the "stupid" ticket. OH!!! and there is not "principle" matter ... you are being silly.!!!!! :)
 
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celionyang

Junior Member
The ticket is $115. I might as well use this amount on my kid's tuition. Plus why I must pay of this violation when I know 100% I didn't commit it.:(
 
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smrtnrgtc1983

Member
celionyang said:
the ticket is $115. I might as well use this amount on my kid's tuition. Plus why i must pay of this violation when i know 100% i didn't commit it.:(
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this has nothing to do with your child's tuition!!! Pay the mistake you made...be an adult and face your responsibility... You double parked...pay the ticket...
 
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patstew

Member
celionyang said:
How can the judge still says I am guilty after I said I didn't double park and never got the ticket and never drive off (ticket says "drive off").
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Sounds to me like the officer was writing the ticket, you didn't see them in the process, you concluded your business and you... drove off.
 
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celionyang

Junior Member
Let me say it again -I never double parked and never drove off. Double park means you PARK the car, but drop off is standing for 1 sec for dropping people off. Unless I get the meaning of these terms wrong, they cannot say I double park.

Also, the meter maid must be writing my ticket from across the main busy street (6 lanes with 2 for meter parking), cause on the ticket, it says the violation location is 24 browery CROSS street. That means this metter maid saw my husband dropping me off and drove off and he/she still wrote the ticket. How ridiculous!!!

smrtnrgtc1983- I never say it has anything to do with my child's tuition. I said I rather use this $$ on somewhere else. And I did not make any mistake, so do not jump into conclusion that I did make the mistake.
 
Zigner

Zigner

Senior Member, Non-Attorney
celionyang said:
Let me say it again -I never double parked and never drove off. Double park means you PARK the car, but drop off is standing for 1 sec for dropping people off. Unless I get the meaning of these terms wrong, they cannot say I double park.

Also, the meter maid must be writing my ticket from across the main busy street (6 lanes with 2 for meter parking), cause on the ticket, it says the violation location is 24 browery CROSS street. That means this metter maid saw my husband dropping me off and drove off and he/she still wrote the ticket. How ridiculous!!!

smrtnrgtc1983- I never say it has anything to do with my child's tuition. I said I rather use this $$ on somewhere else. And I did not make any mistake, so do not jump into conclusion that I did make the mistake.
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Please research the LEGAL definition of double-parking and then post back.

In the mean-time, pay the ticket.
 
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