Dear sirs: My parking ticket should be dismissed because of the facts and a defective ticket. My defense is the following: - According to Title 34 4-08 When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading of unloading property to or from the curb. At the time I was unloading property as described in the title and had walked away from my vehicle for a brief moment. Therefore I was not parking, but unloading the vehicle thus I was not engaged in a prohibited action. I did see the person who gave me the ticket as I was carrying boxes and was trying to get their attention to no avail. - The parking ticket is defective for the following reasons: 1) My vehicle is not a suburban or SUBN as described on the ticket. The definition of suburban according to NY Vehicle and Traffic law is one that has windows on the side in the rear and has seats which can folded or removed as the vehicle can carry cargo My vehicle is more appropriately described as a 4 door sedan. My vehicle is not registered as a suburban. 2) There is no VIN# on my ticket. The VIN# on my vehicle can be clearly seen and there is a reason why the ticket has a place for the vin#. The person writing the ticket is supposed to fill in the vin#. This was not done. 3) The ticket has the wrong place of occurrence. The ticket says I was parked in front of 400 West 14th St when I was actually in front of 408 West 14th St. The addresses on the street are clearly marked and the complainant should have been able to distinguish between 400 and 408 (see pictures attached). In conclusion I was not parked, but loading and unloading under the definition of the law. The ticket is defective because it does not accurately describe my vehicle, there is no vin# and the place of occurrence was wrong. Attached you will find several pictures which clearly demonstrate the fact that I was in front of 408 West 14th St and NOT 400 West 14th St as the ticket states. Please dismiss this ticket. Many regards, Michael Vadon
Posted on: Mon, 21 Oct 2013 23:52:13 +0000
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