Rights When Parking Violations Operations (PVO) Is Wrong
Dealing with the New York City Parking Violations Operations (PVO) can be confusing and frustrating.
That is one of the reasons the State Legislature passed a law making it easier for motorists to dispute defective parking tickets.
As a result of this law, motorists can have a parking ticket dismissed if it is incomplete, illegible, misdescribed or is missing information.
Internet access is now available as well.
Motorists can now look up a parking ticket, fight a summons, pay a parking violation or request a hearing and submit their defense at the PVO website: www.nyc.gov/finance.
This article provides an overview of the PVO and its processes, which you will find useful.
When you receive a summons for a parking violation, the ticket instructs you how to respond. You have three options:
1. Plead Guilty (admitting liability to the charges)
2. Plead Guilty (admitting liability to the charges) with an Explanation
3. Plead Not Guilty
Whichever option you choose, you should photocopy the original summons (front and back) and any supporting documentation or payments made.
The City is required to send a second notice of violation if you fail to respond within 40 days of the issuance of the first summons. You have 20 days from the date of issuance of the second notice to respond.
|LIST OF PVO ADDRESSES:|
New York City Dept. of Finance, Parking Violations Operations
210 Joralemon St., 5th Fl., Brooklyn, NY 1120l
Helpline: (718) 422-7800
Borough Help Centers’ office hours: (9:00 am – 4:30 pm, Monday – Friday)
1400 Williamsbridge Road
210 Joralemon Street
144-06 94th Avenue
350 St. Marks Place
1 Centre Street – Main floor
|To respond by mail:|
|NYC, Dept. of Finance, Hearings-by-Mail Unit
P.O. Box 1724, NY, NY 10116
|Internet Access: www.nyc.gov/finance|
|Appeals Board Address:|
|NYC, Dept. of Finance, Parking Violations Appeals Board
P.O. Box 1724, NY, NY 10116
CONSEQUENCES OF FAILING TO RESPOND
Failing to respond to the first and second notice of violation may subject you to the suspension and non-renewal of the owner’s registration, additional penalties, and a default judgment.
Additional Penalties: You must enter a plea within 30 days of the issuance of the summons to avoid an additional $10 penalty. Entry of a plea more than 45 days, but less than 76 days from the date of the summons, subjects you to another $20 penalty, raising the total additional penalties to $30. An additional $30 penalty is imposed upon persons entering a plea more than 75 days from the date of the summons, raising the total in additional penalties to $60.
Default Judgments: Failure to enter a plea, to appear at a hearing, or to comply with a determination is deemed an admission of liability, which is grounds for a default judgment. Before a default judgment can be entered, the PVO is required to notify you of the violation charged, of the impending default judgment, that the judgment shall be entered in the Civil Court and that a default may be avoided by entering a plea or making an appearance within 30 days of the sending of the notice.
An entry of default judgment against you could result in:
- assignment of your account to a collections attorney or agency
- the booting, towing and sale of your motor vehicle
- seizure of other non-exempt personal property
- restraining of your bank accounts
- garnishment of your non-exempt wages
- non-renewal of your motor vehicle registration, if you have unsatisfied judgments on three or more summonses within an 18-month period
- placement of a lien against your real property
Satisfaction of Default Judgment: If a property lien was filed against your real property, you should secure a “Satisfaction of Judgment” when you pay. You can get this form at any Help Center upon presentation of proof of payment. The satisfaction must be filed with the Office of the County Clerk to show the lien has been fulfilled. The County Clerk will then issue a “Certificate of Disposition”. Once again, it is a good idea to keep all your records.
If you plead “not guilty” and the PVO renders a “guilty” verdict, you may appeal it to the PVO Appeals Board within 30 days of the decision. To file an appeal, you should serve a notice of appeal on the PVO in writing, either personally or by certified or registered mail, within 30 days of the entry of the final determination. The notice of appeal must state the reasons why the final determination should be reversed or modified.
Filing a notice of appeal does not necessarily stop enforcement of the final determination and you may still have to pay the fine. However, the Appeals Board could direct a stay or you could post a bond in the full amount on or before filing the notice of appeal.
IMPROPER DUNNING – COMPLAINT PROCESS
Motorists have financial recourse against the Parking Violations Operations if they continue to receive notices for tickets that have been previously satisfied (either by payment, adjudication or by administrative action).
You can file a complaint if you continue to receive notices requesting payment or your registration has been deferred and:
- you have paid the fine and penalty for the summons, or
- the violation was dismissed by the PVO, or
- a parking summons was issued after your automobile was reported stolen or your license plates were reported stolen, lost or surrendered to the Department of Motor Vehicles (DMV) and you already provided the PVO with documentation.
You can submit the complaint form in person at any Help Center or at the PVO Headquarters or by certified mail (return receipt requested) to the PVO Improper Dunning Complaint Unit 210 Joralemon St., 6th Fl., Brooklyn, NY 11201. If you file the complaint in person, you will receive a receipt. At that time, it may be possible for the service representative at the PVO to grant or deny your claim in writing.
If you file by certified mail, the law requires the PVO to send acknowledgment within 10 days. It is important to save these records. In completing the complaint process, you must provide specific documentation.
The following records must be submitted, where appropriate, in connection with the complaint:
- a copy of the receipt, money order or front and back of a cancelled check; and
- a copy of a police report of the stolen vehicle; or
- proof of an insurance company payment for a stolen vehicle; or
- a copy of a DMV receipt for surrendered plates.
After a complaint form is filed, the law requires the PVO to make a determination within 30 days. As previously mentioned, it is strongly advise you to save a copy of the determination for possible future reference.
If the claim is granted, you should not receive further notices concerning the summons(es) involved. If the claim is denied, the PVO must state why.
If you receive further notices more than 30 days after your claim was granted or if you do not receive a determination of a pending claim within the 30-day time limit, you are entitled to a further review. This review must be done within six months of the date of the complaint by a panel of three administrative law judges. Subsequently, you may qualify to receive reimbursement for out-of-pocket expenses (e.g. taxi fares, photocopying costs, bank charges) up to the amount of your original fine, incurred in pursuing your Improper Dunning claim. You cannot secure an additional review if the PVO denies your complaint within 30 days or seeks payment for a different violation.
To obtain the review and compensation, you must submit the proper form. If you are seeking compensation, you should contact:
PVO Error Correction Unit
PO Box 1724
New York, NY 10116