Missing sign on part of block

[nycshopkeeper]

Jurisdiction

New York

We have a small shop in midtown New York City. One of our delivery persons received a summons for no standing in a no standing zone at a certain time, unaware that the block has such rules during a certain time period. The problem was that the sign which was on the block was damaged and not visible so he temporarily stopped there to unload and a traffic cop was down the block and writing tickets. The only sign that remained was all the way on the other end of the block, which he complained about after he returned to the van but the cop said that they had already begun to write the ticket and he could fight it if he wanted to. Unless you knew to walk all the way to the end of the block, you wouldn't know that the block is a no standing zone during that time. Would this be a valid defense to fight the summons?

 

[Zigner]

We have a small shop in midtown New York City. One of our delivery persons received a summons for no standing in a no standing zone at a certain time, unaware that the block has such rules during a certain time period. The problem was that the sign which was on the block was damaged and not visible so he temporarily stopped there to unload and a traffic cop was down the block and writing tickets. The only sign that remained was all the way on the other end of the block, which he complained about after he returned to the van but the cop said that they had already begun to write the ticket and he could fight it if he wanted to. Unless you knew to walk all the way to the end of the block, you wouldn't know that the block is a no standing zone during that time. Would this be a valid defense to fight the summons?

There's really only one way to find out...

 

[adjusterjack]

Would this be a valid defense to fight the summons?

Plead not guilty, of course.

Bring photos of the broken sign from various angles to show that it was not visible.

Say a prayer and sacrifice a small animal to the NYC parking gods and hope that they are paying attention. (That's a joke, folks).

At the end of the day, a parking fine, while a nuisance, is harmless to other than your wallet.

 

[Zigner]

(That's a joke, folks).

I guess I should have read ahead a little...poor fluffy.

 

[Michael Wechsler]

We have a small shop in midtown New York City. One of our delivery persons received a summons for no standing in a no standing zone at a certain time, unaware that the block has such rules during a certain time period. The problem was that the sign which was on the block was damaged and not visible so he temporarily stopped there to unload and a traffic cop was down the block and writing tickets. The only sign that remained was all the way on the other end of the block, which he complained about after he returned to the van but the cop said that they had already begun to write the ticket and he could fight it if he wanted to. Unless you knew to walk all the way to the end of the block, you wouldn't know that the block is a no standing zone during that time. Would this be a valid defense to fight the summons?

I've been to the New York City Traffic Violations Bureau and Parking Violations Bureau just a few times. Matters are heard in front of judges called "ALJs" or "Administrative Law Judges" aka "TVB Judges" (Transit Violation Bureau Judges) for traffic violations and PVB Judges for Parking Violations Bureau issues. Yours appears to be the latter and the experience can vary greatly. Some judges may give you a hard time, others might not and might actually be diligent about fully reviewing and enforcing defective summonses. Be prepared and consider the cost of retaining a lawyer may outweight the benefits of beating a single parking ticket / violation.

You may have a problem fighting this one since the PVB insists that those parking on a New York City block inspect the entire block for parking signage to make sure that parking is permissible. (Hypothetically you might park on one end of a block between avenues and get a summons while walking to the opposite end and back to inspect the block for signage, as it generally takes 5-7 minutes or so - but I digress.)

Don't head into court with no bona fide defense and make it clear you're throwing excuses at the judge hoping one will stick. You will be wasting everyone's time, especially your own. It's challenging enough to get traffic and parking tickets dismissed with a bona fide defense.

1) Take clear photos of the block, beginning to end, making sure that any street signs (such as the the street names at the corner) are visible and that you can lay pictures side by side to confirm it represents the block. Print them out on paper - do not bring digital copies on a laptop. You may also wish to use a printout of a well known mapping program to confirm location (e.g., Google Maps.)

2) Take clear photos of the damaged sign, which you're claiming is not visible. If you've got a Google Maps photo that shows what it looked like prior, you might want to have that in hand. If the sign was torn off and there is no sign there, that might be a good defense.

Do not volunteer the following information unless asked. If the ALJ asks, be prepared to explain why the driver didn't know that there was no parking/standing there, e.g., he was a new driver and unfamiliar with the area, all thought the sign was removed and the no standing requirement no longer in effect as it seems to have been down for an extended amount of time, etc.

3) If you're going to ask questions of the parking officer, do so respectfully and be prepared what to ask. Consider what the officer can testify to that might be of assistance to you, e.g. ask the officer to confirm the sign was missing, for how long it has been missing, visibility conditions (rain/snow, numerous vehicles unloading without issue at that time, etc.)

4) Some judges want the person/party appearing on the summons to appear and will frown upon an attorney appearing in their place with a sworn affidavit in hand.

Make no mistake. Fighting parking tickets is often a time consuming experience.