NYC Parking Ticket without receiving one

[quincy]

In New York, supreme courts are primarily trial level courts, so saying that a case "went to the NY Supreme Court" doesn't make much sense since there are over 60 supreme courts in New York, and a case going to one of them isn't particularly notable. The highest level court in New York is the New York Court of Appeals. The opinion to which you provided a link was issued by the Supreme Court for New York County (i.e., Manhattan) on appeal from a decision by the City of New York Department of Finance Parking Violations Bureau. Still might be useful to the OP, though.

Hmmm. That seems to have been said previously. Not sure where.

 

[FlyingRon]

The Supreme Court is still a court of record where as tickets usually don't even rise to the kangaroo court that the TVB is.

 

[HighwayMan]

Thank you!! Exactly what I was looking for

Don't get all excited. My guess is that the DoF ALJ that adjudicates your NoV hears this excuse all the time and would tend to ignore it. Plenty of times parking notices of violation are affixed on vehicles and then something happens to them (they fall off, stupid people pull them off, etc.)

I doubt very much this will get you out of paying.

So you're saying you work for NYC OEM? If not, what exactly is "emergency management"?

 

[HighwayMan]

The Supreme Court is still a court of record where as tickets usually don't even rise to the kangaroo court that the TVB is.

I really wouldn't call it a "kangaroo court".

As someone who has testified in many hundreds (probably in excess of a thousand) of hearings in all TVBs (except for Manhattan North) I can say all of the ALJs are pretty fair and the ones that aren't, favor the motorists. In all honesty, it's extremely rare that a motorist presents any type of real defense or justification.

 

[HighwayMan]

The Supreme Court is still a court of record where as tickets usually don't even rise to the kangaroo court that the TVB is.

I think you should say "a Supreme Court".

 

[jetsetjosh]

Don't get all excited. My guess is that the DoF ALJ that adjudicates your NoV hears this excuse all the time and would tend to ignore it. Plenty of times parking notices of violation are affixed on vehicles and then something happens to them (they fall off, stupid people pull them off, etc.)

I doubt very much this will get you out of paying.

So you're saying you work for NYC OEM? If not, what exactly is "emergency management"?

I work for a vendor that was contracted by emergency management to deliver food to people in quarantine

Wanted to give an update and thank FlyingRon again, this defense worked:

Your statement as to why you believe the violation should be dismissed:
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On the day of the alleged violation, I was stopped in my vehicle at a bus stop. It is legal to stop in a bus stop in NYC. Rain was coming down heavy and a traffic enforcement vehicle pulled in behind me. The traffic vehicle was parked behind me which I found suspicious. Because of the rain, the traffic enforcement officer never got out of his vehicle to issue me a citation, and my knowledge of only ever being issued one came online.

According to the Matter of Dong Sic Ko v City of New York Dept. of Fin. Parking Violations Bur, a citation is required to be served on the operator if present at the time of the violation or affixed to the vehicle if the operator is not present. A traffic officer cannot remain in his vehicle for his convenience and issue a citation without the operator's knowledge.

Response

I genuinely don't think DOF has heard this one, they may have received the "I didn't get a ticket" excuse before (which does not work, have tried that with camera tickets and have been redirected to violationinfo.com to receive pictures) but not that an officer chose to not to step out of their vehicle. Referencing a case is usually more than enough to win a case with them (and including supporting documents)

I'm also appalled by the earlier responses that said there was no case here, as if its ok for a cop to sit in his car and write you a ticket for jaywalking without you knowing, only to find out when you get a letter in the mail a month later. That's like getting a speeding ticket when you pass a cop without being pulled over. That is not policing.

 

[HighwayMan]

I'm also appalled by the earlier responses that said there was no case here, as if its ok for a cop to sit in his car and write you a ticket for jaywalking without you knowing, only to find out when you get a letter in the mail a month later. That's like getting a speeding ticket when you pass a cop without being pulled over.

Those two scenarios wouldn't happen since the issuing officer would have no idea who the person is.

 

[HighwayMan]

My hazards were on and I was making a delivery...

Yet you claim you "stopped" in the bus stop. This is not stopping, it's standing (if not parking). You cannot stand or park in a bus stop, so if you think you can keep doing that it'll catch up to you again.

That doesn't excuse the way in which the NoV was issued in your case, but you were definitely guilty of a parking violation based upon your description.