Prior to sending in the appeal I spoke to a detective friend of mine. He called NYC and couldn't get anywhere with it. He did say that he thought I was doing it the right way. He said that even though it is lousy to have to pay for something that you didn't do, it could turn into a real !@#$ storm in a couple of years if I ignore it. I was thinking of canceling the Corolla plate when I sell my Jeep and transfer the Jeep plate to the Corolla. He agreed that it might be a good idea to do so.
Here's the Appeal letter.....I bet it doesn't buy me anything.
August 13, 2007
To Whom It May Concern,
I have chosen to appeal the Decision and Order concerning Violation# ---from 03/06/07 at 08:48 AM . My defense is as follows:
- I have never been to New York City.
- I never got any notice(s) until the judgment letter stating that I owed $105.00.
- The citation as viewed online shows the car in question to be a red, 2 door Toyota. My car is a gray, 4 door Toyota.
- I was working that day from the hours of 7:00 AM to 4:30 PM and have notarized letters from supervisors to verify.
- I carpool and I drove that day, also backed up with a notarized letter from my fellow carpooler.
- I have an electronic timecard to verify my presence at work that day.
- I have 32 sent messages from my EMC email showing that I was at work that day.
- I have email correspondence with EMC Security and a report of my badge swipe activity for that day. Unfortunately a time stamped picture of my car was not available as they do not keep that data indefinitely.
On page 2 of the "NYC Department of Finance Guide to Parking Ticket Hearings Brochure", it states the following:
"Is the ticket written correctly? A ticket is defective when a required element under the law is missing or misdescribed. Defective tickets may be dismissed even if you do not have another defense to a charged violation. When conducting a hearing, Finance will review recently issued summonses for these defects and if any defects are found Finance will dismiss the tickets." As you can see, the wrong color and body style was described on the citation.
Request For Hearing After Judgment
In my request for a hearing by mail dated 06/28/07, I included the following:
1.Completed "Request for Hearing After Judgment" form.
2.Copy of "Notice of Judgment Enforcement".
3.Copy of the citation as viewed on the NYC.gov website.
4.Pictures of my car when purchased in 2003 and now.
5.Original notarized letter from supervisors testifying to my presence at work on the day of the citation.
6.Original notarized letter testifying to my carpooling with a work associate using my car on the day of the citation.
7.Copy of my auto registration.
8.Copy of my electronic timesheet for the period of 02/26/07 thru 03/09/07
On Thursday 07/18/07 I received the Decision And Order dated 07/16/07 in response to my original letter and "Request for Hearing by Mail" which was sent to the NYC Department of Finance. Motion to vacate was denied. I have to question whether Judge Fama received all of my information as the Motion to Vacate Judgment Decision only mentioned that
"Respondent states he has never been to New York City and never received any of the notices until he received the notice of judgment. Motion denied respondent has not established grounds for excusable default."
Application For Appeal
Included with my Application for Appeal you will find the following:
1.A check in the amount of $106.40 as required by the NYC Department of Finance to process my Application for Appeal. In no way does this imply guilt and it has been clearly marked that I have "Paid Under Protest".
2.A copy of the Decision and Order.
3.Email correspondence with EMC Security and a report of my badge swipe activity for that day.
4.Copy of the citation as viewed on the NYC.gov website.
5.Pictures of my car when purchased in 2003 and now.
6.Copy of the original notarized letter from supervisors testifying to my presence at work on the day of the citation.
7.Copy of the original notarized letter testifying to my carpooling with a work associate using my car on the day of the citation.
8.Copy of my auto registration.
9.Copy of my electronic timesheet for the period of 02/26/07 thru 03/09/07.
10.Copy of completed "Request for Hearing After Judgment" form.
11.Copy of "Notice of Judgment Enforcement".
It is my hope that the information above and the attached documentation will satisfy the requirements for a successful appeal.
Channel 7 wants to know how it turns out.
Jay in MA
Keep us informed, it is a serious issue.
I'll update soon....tomorrow the appeal gets mailed....what a PIA.
I'm a little disappointed in a couple of people right now but we'll see what happens with this.
Maybe if all Toyota owners formed a union - we could have some real clout