A DRIVER is speaking out after they were pressured into paying $300 on the street to avoid their car getting towed.
The New York family accidentally parked in an accessible space, that the driver insisted was unmarked and had to fork over hundreds to get their vehicle back.
The driver was shocked when an officer told him his car would be towed[/caption]
The driver was told his car was in an accessible parking spot[/caption]
A New York county is cracking down on parking fines[/caption]
The driver, Mike, said he left a pizza restaurant in Long Beach, New York, and saw the officer had already written him a ticket.
“So my wife says, okay, we got to go pick up my disabled son in Lido Beach,” Mike told News 12 Long Island.
Mike added that the officer simply told him he couldn’t leave because a tow truck was already on its way.
He and his wife were shocked that a tow truck had to be called, and their misfortune didn’t stop there.
He said the only way to get his car back was to fork over $300 in cash to the tow truck driver.
A video revealed the interaction as Mike’s wife pleaded with the driver, admitting she didn’t have the cash on her.
“Then take the money out,” one of the men pushed back.
Mike was devastated by the interaction and said his “trust and faith” in the city was gone.
“If you’re going to give a ticket, give a ticket, but don’t take somebody’s car,” he added.
“This incident took place more than two years ago under a different administration and different police leadership. We will review the video for any improprieties and take action as warranted,” the city of Long Beach said in a statement to News 12.
DRIVERS FIGHT BACK
Mike felt compelled to tell his story after the city of Long Beach settled a lawsuit on the same policy that lost him $300.
Long Beach, a city in Nassau County, has a boot and tow policy meaning cars can be towed when a ticket is issued.
At least five New Yorkers joined the suit alleging the city violated their rights by booting and towing vehicles without their knowledge.
This is the second legal action taken in Long Beach against the city for the controversial policy.
How to fight a parking ticket
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made
Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.
Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.
- Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
- Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
- Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
- Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
- When in court, avoid these phrases as they reduce your credibility and weaken your argument:
- “I didn’t know the law.”
- “I was on my way to move my car.”
- “I can’t afford this ticket.”
- “I’ve been doing this for years.”
- “I checked with the parking officer, who said it was OK.”
- Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Reader’s Digest
“It’s unconstitutional, but yet they do it, and no one’s stopping it,” Daniel Guma, one of the first litigants told News 12.
Andrew Campanelli, one of the lawyers in the lawsuit told the local outlet that the city is towing cars “for pretty much any reason they can come up with.”
“If you were two inches too close to someone’s driveway, if you were parked in a parade route, if you had unpaid parking tickets,” he elaborated.
“There’s a huge financial incentive to local governments to do so…because the average person who was forced to pay $500 to get their car back is not going to hire a lawyer to get it back,” Campanelli added.
BOOT AND TOW
The boot and tow program in Nassau County allows law enforcement to boot or tow a vehicle if the owner hasn’t paid two or more parking fines.
A boot is a wheel clamp that is placed onto one of the car’s wheels and prevents it from moving.
After 48 hours with a boot, the city can then tow a car.
Drivers can’t get their cars back until they pay their parking fines in full.
In addition to the driver’s outstanding parking fines, a $341 booking fee must also be paid to get the boot taken off.
The U.S. Sun has reached out to the City of Long Beach, Nassau Police, and attorneys representing the drivers in the lawsuit against the city but didn’t immediately hear back.
