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JeffG

If the Appeal doesn’t award in your favor, have you also thought of writing to the NY Mayors office? Perhaps explain that this is public corruption and you plan to take the issue to every newspaper, television station, and radio station until the matter is resolved?

I would also send a letter to the NY Governors office… heck its only the cost of a stamp…

Isn't there also a certain NY senator that is seeking higher public office… See if you can get a response out of her, then take that response to the popular talk radio stations in NY… I'm sure you could get some publicity very fast ….

Bikeman982

If the Appeal doesn’t award in your favor, have you also thought of writing to the NY Mayors office? Perhaps explain that this is public corruption and you plan to take the issue to every newspaper, television station, and radio station until the matter is resolved?

I would also send a letter to the NY Governors office… heck its only the cost of a stamp…

Isn't there also a certain NY senator that is seeking higher public office… See if you can get a response out of her, then take that response to the popular talk radio stations in NY… I'm sure you could get some publicity very fast ….

Give it to 60 minutes or 20/20 to investigate.

 

Let them blow the scam wide open and expose the thieves!

amanoai

This is crazy, first I've heard of it, I hope you tell them to shove it....after you win of course. default_wink

Bikeman982

This is crazy, first I've heard of it, I hope you tell them to shove it....after you win of course. default_wink

He is fighting city hall. He needs a lot of help to win.

 

 

Brendon

Forget begging to some beaurocrat, you should just take over city hall. Long live the revolution!

Bikeman982

Maybe if all Toyota owners formed a union - we could have some real clout.

TRCar54

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.

Bikeman982

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.

Keep us informed, it is a serious issue.

 

 

TRCar54

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.

Sincerely,

Channel 7 wants to know how it turns out.

Jay in MA default_blink

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.

Keep us informed, it is a serious issue.

 

TheDarkKnight

WoW!

What a F$%ing nightmare.

But Jay, you are my hero!

I prob would have given up and paid LONG ago. (no patience...)

keep us posted!

tdk.

TRCar54

Thanks for the support. I haven't heard anything back yet but am expecting mail from NYC that will put me in a foul mood. default_biggrin I'll let you know.

Based on the stories posted by Channel 7, I may have to cancel this plate number since they now have it in their "system"

Jay in MA

WoW! What a F$%ing nightmare.

 

But Jay, you are my hero!

I prob would have given up and paid LONG ago. (no patience...)

keep us posted!

tdk.

TRCar54

UPDATE

Jay in MA 1

New York City 0

I got some mail from the NYC Finance Department yesterday concerning my appeal. Document

was dated 9/5/07.

It reads as follows:

"Upon review of the entire record before us, we find error. The decision is reversed

and the prior payment will be returned."

After this there are what appear to be 3 scribbled Administrative Law Judge signatures and

2 scribbled ALJ hand printed names.

Below that is a code section. In this section are the letters O M O N. No idea what

this means.

I don't know if the high level person I spoke of had someone call, or my call to Traffic Commissioner's Press Secretary got someone's attention, or if the fact that the citation contained errors and could not be supported due to the statement in their brochure had any weight in their

determination.

I will call my contact this weekend to find out if he made a call. The Press Secretary never

got back to me after the initial conversation and email.

I'm going to try to interest Channel 7 in doing a follow-up on their story.

They also included a Satisfaction Survey. I might save this for a later date when I know

this has been put to bed and my number doesn't pop up in another one of their scams.

In the end, it cost me about $20 for mailing and a good 10 to 15 hours of researching and

asking questions.

It just goes to show you can win in these situations. Push all the buttons you have to and don't give up. We need the politicians (all flavors) to know that we are watching what they're doing.

Now the Yankees............ default_tongue

Jay in MA

Outstanding! Good to here that the good guy still comes out on top.

TRCar54

Thanks Fish.

I emailed Channel 7 with the results and she was surprised. She said people seldom win in these types of things.

She said she would get back to me if they revisit the news piece.

Jay in MA

Outstanding! Good to here that the good guy still comes out on top.

amanoai

Jay, you are my hero! Glad you took them on and beat them.

Bikeman982

Wow! The little guy wins over city hall! That is not how it usually ends.

It was worth the effort. You are certainly a great inspiration for all people who have been unjustly accused.

There is hope to beat that scam and nobody should ever be a victim of it again.

Bitter

i'm impressed man, good job!

Bikeman982

If anyone has a problem, get Jay on their side.

He has the tenacity to make "right' triumph over evil doers.

TRCar54

Thanks guys.

While I posted the subject to solicit opinion from people who may have faced similar situations, I also posted the entire experience in case someone Googles "NYC Parking Ticket" etc. Google will bring them to this site and perhaps take something from my post that might help them fight their ticket.

It was aggravating though.......

I'll keep you posted if Channel 7 wants to do a followup.

Jay in MA

Bikeman982

Thanks guys.

While I posted the subject to solicit opinion from people who may have faced similar situations, I also posted the entire experience in case someone Googles "NYC Parking Ticket" etc. Google will bring them to this site and perhaps take something from my post that might help them fight their ticket.

It was aggravating though.......

I'll keep you posted if Channel 7 wants to do a followup.

Jay in MA

Now all you have to do is stay out of NY city!!

 

Just kidding Jay - This is a great success story.