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Old 04-20-2018, 09:10 AM
 
594 posts, read 1,104,090 times
Reputation: 1027

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I received a ticket for parking at the LIRR commuter lot.

The ticket says "Drivers side front 1 foot over the line"

$135.00 fine.

The ticket, while the VIN # is correct, states my car is a 4 Door Sedan - when in reality it is a 2 Door Coupe. I've check my registration and it also says "4DSD".

This was an angled parking spot and the car in front of me (parking head on) left a 6 foot gap and I pulled a little too far forward - 1 foot to be exact.

Yes, my car was 1 foot over the line (let's get that out of the way).

Yes, I do have a parking permit on the car in the correct spot (right rear bumper).

Has anyone had success in fighting a ticket of this nature?

My issue (while I agree I am guilty of this egregious and heinous offense), is that $135.00 seems a high price to pay for being one foot over the line.

While $135.00 does seem high, do I waste a morning to argue it and potentially lose a half day of pay and lose the case?

So, again - my question is - Has anyone had success in fighting a ticket of this nature?

Thanks

Last edited by peabodyn; 04-20-2018 at 09:15 AM.. Reason: Clarity
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Old 04-20-2018, 09:24 AM
 
738 posts, read 481,062 times
Reputation: 574
Similar situation I was slightly over the line at Hicksville station. Went to court made the guy laugh he threw it out paid nothing.
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Old 04-20-2018, 09:30 AM
 
533 posts, read 890,980 times
Reputation: 145
Like GX89 mentioned, if you go to traffic court I guess they will throw out the ticket. My wife received the same ticket at the Hicksville lot. I went to traffic court to fight it, saw the line out of the door waiting to get into the court room. I decided it wasn't worth wasting half of a day and just paid the ticket. The cashier even asked me are you sure you don't want to challenge it.
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Old 04-20-2018, 10:17 AM
 
429 posts, read 284,051 times
Reputation: 287
You decide.
Take some time or a day off work to go to court with a chance of getting it thrown out or plead guilty and pay it.
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Old 04-20-2018, 12:26 PM
 
Location: Massapequa
238 posts, read 151,092 times
Reputation: 308
I just got on at a LIRR lot for an expired inspection (by 2 days). Also $135. I was extremely annoyed when I got it and planned to go to court and hope for a reasonable judge, but when the court date approached I just paid it online because I didn't want to deal with it. Shame on me really. I should have a least tried to fight it or get the fine reduced. It's legalized robbery basically at those prices.
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Old 04-20-2018, 01:07 PM
 
8,141 posts, read 12,502,917 times
Reputation: 3954
Quote:
Originally Posted by peabodyn View Post
I received a ticket for parking at the LIRR commuter lot.

The ticket says "Drivers side front 1 foot over the line"

$135.00 fine.

The ticket, while the VIN # is correct, states my car is a 4 Door Sedan - when in reality it is a 2 Door Coupe. I've check my registration and it also says "4DSD".

This was an angled parking spot and the car in front of me (parking head on) left a 6 foot gap and I pulled a little too far forward - 1 foot to be exact.

Yes, my car was 1 foot over the line (let's get that out of the way).

Yes, I do have a parking permit on the car in the correct spot (right rear bumper).

Has anyone had success in fighting a ticket of this nature?

My issue (while I agree I am guilty of this egregious and heinous offense), is that $135.00 seems a high price to pay for being one foot over the line.

While $135.00 does seem high, do I waste a morning to argue it and potentially lose a half day of pay and lose the case?

So, again - my question is - Has anyone had success in fighting a ticket of this nature?

Thanks
I'm not saying I'm perfect - but don't you check your car after you get out of it? I always look & make sure I am within the lines, especially at the train stations .. b/c they will ticket if you are over the line (and even less than a foot) ... so you have to check. Unfortunately @ the LIRR stations, you need to be diligent about how you park.
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Old 04-20-2018, 01:18 PM
 
Location: Stony Brook
1,782 posts, read 2,910,554 times
Reputation: 1167
I wish they would ticket the idiots that don't know how to park in between the lines in ronkonkoma. It's unbelievable how someone can't park properly.
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Old 04-20-2018, 01:27 PM
 
3,572 posts, read 1,093,514 times
Reputation: 2175
It is a fatal misdescription that requires dismissal. See https://law.justia.com/cases/new-yor...011-50765.html

Quote:
With respect to Violation No. 7324225871, this court finds that although the description of the body of the vehicle as a sedan was correct, it is not disputed that the vehicle was a two- door sedan and not a four-door sedan. Thus, the summons which described the body type as "4DSD" contained a misdescription of the vehicle. In respondent's memorandum of law they concede that the two-door vehicle was misdescribed, however, respondent contends that "the identification of the two-door sedan as a four-door sedan on a parking ticket is not a fatal mistake, because it does not reach the level of misdescription of the body type as required by VTL §238." [*5]

However, the Court of Appeals clearly stated in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014 [1992] that a misdescription of any of the five mandatory identification elements mandates dismissal. Contrary to the respondent's contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not provide for levels of misdescription and it does not provide for an exception for small errors. Here, because the body type of the car was clearly misdescribed, the Adjudication Bureau was mandated to dismiss the summons pursuant to VTL§ 238(2-b)(a). Thus, as the determination of the Appeals Board was based upon an error of law, the determination of the Board with respect to Violation No. 7324225871 must be annulled.
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Old 04-20-2018, 02:06 PM
 
1,838 posts, read 1,688,742 times
Reputation: 1392
Quote:
Originally Posted by peabodyn View Post
The ticket, while the VIN # is correct, states my car is a 4 Door Sedan - when in reality it is a 2 Door Coupe. I've check my registration and it also says "4DSD".
How did you get a registration that says it is a 4 door sedan when it is a 2 door coupe? That doesn't make sense. I think (but I'm not positive) that the VIN includes the body type so it shouldn't be possible to have the wrong body type on the registration. I don't know if that "error" would get a dismissal, as it's on the registration.
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Old 04-20-2018, 04:37 PM
 
594 posts, read 1,104,090 times
Reputation: 1027
Quote:
Originally Posted by martinjsxx View Post
How did you get a registration that says it is a 4 door sedan when it is a 2 door coupe? That doesn't make sense. I think (but I'm not positive) that the VIN includes the body type so it shouldn't be possible to have the wrong body type on the registration. I don't know if that "error" would get a dismissal, as it's on the registration.

I don't know why the VIN # translates to a 4DSD but when I first noticed it, I thought I would get a better rate on my car insurance as 4 door cars are typically less "sporty" than coupes. At the time, the manufacturer did not make a 4 door version of the car.


I may go the route of one of the other posters and just pay the bill and not waste a half day of work and potentially lose the case.


Needless to say, I have been careful about "parking within the lines" at the commuter lot since this event.
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