Parking tickets are the scourge of New Yorkers who regularly park on the street (which is one reason we encourage people to use Edison ParkFast lots instead, hint hint).
But if you do park on the street and are unlucky enough to get a ticket, how can you tell that that the ticket has been filled out properly by the issuing authority and is therefore valid?
We came across a post on the NewYorkParkingTicket blog that’s chock full of good information about this matter. Read on!
What is a required element?
A required element is a bite size bit of information that must be entered on a NYC parking ticket to establish a “prima facie” case against the owner and driver of a vehicle for a parking violation. “Prima facie” is a legal term that is described:
“In most legal proceedings, one party has a burden of proof, which requires it to present prima facie evidence for all of the essential facts in its case. If they cannot, its claim may be dismissed without any need for a response by other parties. A prima facie case might not stand or fall on its own; if an opposing party introduces other evidence or asserts an affirmative defense it can only be reconciled with a full trial. Sometimes the introduction ofprima facie evidence is informally called making a case or building a case.
For example, in a trial under criminal law the prosecution has the burden of presenting prima facie evidence of each element of the crime charged against the defendant. In a murder case, this would include evidence that the victim was in fact dead, that the defendant’s act caused the death, and evidence that the defendant acted with malice aforethought. If no party introduces new evidence the case stands or falls just by the prima facie evidence or lack thereof.
Prima facie evidence need not be conclusive or irrefutable: At this stage, evidence rebutting the case is not considered, only whether any party’s case has enough merit to take it to a full trial [Source: Wikipedia].
A parking ticket “trial” is conducted in person, by mail, or on line. A parking ticket warrior is not required to personally appear at a trial. The parking ticket is your adversary. Therefore, if any of the required elements are omitted, misdescribed, or illegible, a parking ticket judge is required to dismiss the parking ticket because the piece of paper failed to successfully establish a prima facie case against you (yea!). It’s you versus a piece of paper, and you are not permitted to use a shredder!