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The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It (tumblr.com)

Data analyst Ben Wellington claims that that the NYPD has been systematically ticketing legally parked cars for years. Doing so, he says, helps NYPD collect millions of dollars every year. In a blog post, Wellington notes about a change of law in 2008 (PDF) which allowed one in New York City to park their car in front of a sidewalk pedestrian ramp -- provided it's not connected to a crosswalk. Despite this, the NYPD continues to ticket people. To check how many more people are falling for this, Wellington looked into NYC's Open Data portal, and his findings are startling. In front of 575 Ocean Avenue in Brooklyn, which is in the middle of the block, with no crosswalk, over $48,000 in parking fines were issued in the last 2.5 years. He writes: 1705 Canton Avenue in Brooklyn, 273 Tickets, $45,045: Legal. 270-05 76 Avenue in Queens, 256 Tickets ($42,440) Legal. 143-49 Cherry Ave, Queens, 246 Tickets, ($40,590). Legal. A spot in Battery Park, ranked #16 on my list and the top spot in Manhattan, had 116 tickets ($19,140) and turned out to be legal.Wellington wrote to the NYPD about this, and he got the following response: Mr. Wellington's analysis identified errors the department made in issuing parking summonses. It appears to be a misunderstanding by officers on patrol of a recent, abstruse change in the parking rules. We appreciate Mr. Wellington bringing this anomaly to our attention. The department's internal analysis found that patrol officers who are unfamiliar with the change have observed vehicles parked in front of pedestrian ramps and issued a summons in error. When the rule changed in 2009 to allow for certain pedestrian ramps to be blocked by parked vehicles, the department focused training on traffic agents, who write the majority of summonses.

38 of 177 comments (clear)

  1. Of all the illegally parked cars in NY... by Austerity+Empowers · · Score: 2

    I mean they could raise a fortune just ticketing double parked cars in Main St. Flushing, why be criminal about it all?

  2. Re: Power WILL be abused by Anonymous Coward · · Score: 4, Interesting

    I noticed there was no mention of refunding the illegal ticket fines. Typical, sure we'll try to get them to stop but why would you get any money back?

  3. So how do they plain to fix wronged people? by Anonymous Coward · · Score: 3, Insightful

    Will they refund people and wipe their record of the error?

    1. Re:So how do they plain to fix wronged people? by Andy+Dodd · · Score: 2

      I don't think there's any "record" for parking tickets unless they are chronically unpaid.

      Also, as the article author states, when these erroneous tickets have been challenged, the city did not fight them.

      Of course, there are the people who didn't realize the rule changed and thought they were parking illegally...

      --
      retrorocket.o not found, launch anyway?
    2. Re:So how do they plain to fix wronged people? by Applehu+Akbar · · Score: 2

      Will they refund people and wipe their record of the error?

      And your refund will be delivered by a shining maiden riding a unicorn.

    3. Re:So how do they plain to fix wronged people? by Krojack · · Score: 2

      I'm thinking they will end up refunding or a class action suit will happen. It's the cops responsibility to know the laws they are writing out tickets for.

    4. Re:So how do they plain to fix wronged people? by Jason+Levine · · Score: 2

      I live in upstate NY, not NYC, but I think this is true. I was pulled over once for running a stop sign (I did the standard "rolling stop" that most people do) When I went into court, all people with offenses like mine were told to talk with a representative from the city who offered a reduction to "parking on the pavement." This carried a smaller fine and didn't go on your license. (It also meant people were less likely to challenge the tickets since they could just get off with a small fine instead of a drawn out legal proceeding which might result in a larger fine and points on your license.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:So how do they plain to fix wronged people? by bondsbw · · Score: 2

      It may depend on whether their agreement to pay is a plea of guilty vs. a plea of no-contest.

      Plus, the perceived risk of losing in court combined with the inconvenience of showing up for court often outweighs the benefit of a successful outcome for many people. It should not be difficult to show a higher court how such illegal tickets amount to an abuse of power.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    6. Re:So how do they plain to fix wronged people? by Agent0013 · · Score: 4, Insightful

      I'm thinking they will end up refunding or a class action suit will happen. It's the cops responsibility to know the laws they are writing out tickets for.

      Sorry, that is wrong. Courts have found that you cannot expect a police officer to know the law that they are enforcing. And if they make a mistake it is ok and they can proceed with your trial and incarceration. http://thinkprogress.org/justi...

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    7. Re:So how do they plain to fix wronged people? by SeaFox · · Score: 4, Insightful

      Courts have found that you cannot expect a police officer to know the law that they are enforcing.

      Meanwhile, on the flip-side, ignorantia juris non excusat.

    8. Re:So how do they plain to fix wronged people? by h4ck7h3p14n37 · · Score: 2

      Isn't it the recipient's responsibility to confirm the ticket is valid and to contest it if it's invalid?

      I'm not sure about New York, but in Chicago you can contest a ticket by mail. You just need to submit a letter to the court explaining why you think it should be invalidated; there's no court fees involved either. I've gotten several tickets dismissed by taking thirty minutes to write and mail a letter.

    9. Re:So how do they plain to fix wronged people? by meerling · · Score: 2

      You mean that's how it's supposed to work, too bad the reality is different.

  4. Ignorance of the law by Locke2005 · · Score: 5, Insightful

    Ignorance of the law is an accepted excuse for law enforcement's mistakes, but not an acceptable excuse for the mistakes of people being punished by law enforcement. That's fair, right?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Ignorance of the law by myowntrueself · · Score: 3, Insightful

      Ignorance of the law is an accepted excuse for law enforcement's mistakes, but not an acceptable excuse for the mistakes of people being punished by law enforcement. That's fair, right?

      At least in Toronto the city and the police just threw their arms up in the air and said "You know what? The laws and regulations concerning taxis are just so complicated we just don't know what the fuck to enforce so we aren't enforcing anything and uber can just carry right on."

      This is a huge problem in North America; so many layers of laws and regulations and by-laws no one knows what the law is, not Joe public, not the cops, not the courts.

      --
      In the free world the media isn't government run; the government is media run.
    2. Re:Ignorance of the law by twotacocombo · · Score: 4, Insightful

      This is a huge problem in North America; so many layers of laws and regulations and by-laws no one knows what the law is, not Joe public, not the cops, not the courts.

      I'm assuming this is by design. When things are so complicated that it takes a lawyer many billable hours to figure out where you can legally park, it stacks the odds heavily in the citys favor and turns anything they want into an easy revenue stream. They may lose a few contested citations here and there, but the majority of people will grumble and just pay up. Until the police have to actively prove every ticket they write is legit, it's a guilty till proven innocent situation that most people aren't prepared to fight.

    3. Re:Ignorance of the law by Anon-Admin · · Score: 4, Insightful

      People laugh at me when I say it is a conflict of interest to have lawyers making laws. (Most elected officials are lawyers)

      Well, this is what you get. It is advantageous for lawyers to make complicated laws so only they can figure them out.

    4. Re:Ignorance of the law by shawn2772 · · Score: 5, Insightful

      This is a huge problem in North America; so many layers of laws and regulations and by-laws no one knows what the law is, not Joe public, not the cops, not the courts.

      I'm assuming this is by design. When things are so complicated that it takes a lawyer many billable hours to figure out where you can legally park, it stacks the odds heavily in the citys favor and turns anything they want into an easy revenue stream.

      I think Hanlon's Razor favors a different explanation, namely that the people who make the laws don't really understand them either. They make changes in a reactive manner when they see something that's a problem or doesn't make sense, and they apply a minimal patch to the law (avoiding refactoring) that appears to resolve the problem they're trying to address, in their jurisdiction. They also don't coordinate with higher or lower jurisdictions, and indeed don't necessarily even pay any attention to what those other jurisdictions are doing.

      That sort of a process creates spaghetti law, just the way doing the same thing in software creates spaghetti code. Without careful attention to modularization, separation of concerns, without a willingness to refactor when necessary, and without extensive tests to validate that changes don't cause regressions, what you get is a mess.

    5. Re:Ignorance of the law by Shortguy881 · · Score: 4, Insightful

      Most doctors, architects and engineers are trying to make the world a better place. Lawyers on the other hand...

      --
      Brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
    6. Re:Ignorance of the law by Stormy+Dragon · · Score: 2

      Money from fines should be distributed to the citizens as part of the tax process. e.g. if your municipality collected $10 million in fines last year and 1 million people live there, everyone gets $10 when they file their local taxes. Same process at state and federal level.

      If tickets don't provide additional revenue, there's no incentive for abusive ticketing.

    7. Re:Ignorance of the law by sjames · · Score: 2

      Doctors, architects, and engineers make rules to be followed by doctors, architects, and engineers respectively. Lawyers are making rules that they expect everyone to follow regardless of profession or ability to understand. I would call that a significant difference.

  5. Democracy by CauseBy · · Score: 5, Interesting

    This is democracy in action. It isn't perfect, but good luck trying to get a King to change like that.

    I grew up in Anchorage in the 1990s. We were so fed up with overzealous parking enforcement that we disbanded the parking authority by referendum.

    After that only uniformed police officers could write tickets. That was a much more tolerable and balanced level of enforcement.

    1. Re:Democracy by Solandri · · Score: 3, Interesting

      A better way would be to decouple fines from the government revenue stream. Instead of fines for things like parking tickets going into the city coffers, it goes into a trust fund. Every year on April 15, each tax filer gets a proportional share of the total value of that fund applied to their taxes. The fine is punishment for doing something which harms the public, and that money is redistributed to the public which was harmed. No middleman (government) manipulating it to their advantage.

      The city no longer has an incentive to overzealously issue parking tickets, and manpower is instead devoted to things that matter, like violent crime and the occasional illegal parking which actually endangers people (parking in front of hydrants, blocking driveways, etc).

  6. The system is broken. by iCEBaLM · · Score: 2

    Ignorance of the law is no excuse, unless you're the government. There are so many laws the government can't even keep track of them all, how are regular people supposed to?

    Combine this with the permission of police to lie as a matter of course, and we have a system that is way too top heavy.

  7. Re:autonomous cars can't arrive soon enough by Applehu+Akbar · · Score: 3, Insightful

    I'm looking forward to autonomous cars driving a stake into the hearts of vampiric police departments... but only after proclaiming, "here are your 30 pieces of silver, you Judas!" and dumping a bag of silver coins on their searing flesh. It really is the most satisfying way to pay parking tickets.

    This is actually what will happen. As cars go autonomous, the need for parking at the places you visit will diminish. It will take a generation, but eventually, so will parking at homes and places of work. Autonomous cars will 'rest' in off-street buffer lots and maintenance warehouses, and it will be No Parking forever citywide.

  8. In unrelated news by ThatsNotPudding · · Score: 4, Funny

    Data analyst Ben Wellington is now on the Terrorist Watch List, is randomly stopped and frisked on a daily basis, and selected for state tax audits every quarter.

  9. Blocking a pedestrian ramp is a dickish move by mysidia · · Score: 2

    They need to fix the law back, so they can be ticketed appropriately.....

    It was kind of stupid gov't in action enacting laws that allow vehicles to interfere with pedestrian access.

  10. Re:As if the Repukian... by Anonymous Coward · · Score: 2, Insightful

    If you're not angry about the current political situation, you're either *REALLY* not paying attention, or getting paid by it.

    Either way, fuck off for being glad people were beaten.

  11. Re:Power WILL be abused by Agent0013 · · Score: 4, Interesting

    On the one hand, I kinda agree with you. Let the cops issue whatever tickets they want, and let it be hashed out in the courts. It's no different from letting anyone sue anyone else for anything, and letting it get hashed out in the courts. On the other hand, then you get things like "I'm innocent, but it's too much of a hassle to prove, so I'll just pay the damn fine", and I feel that cops, or hell, government in general, should be held to a standard that discourages such practices.

    And I also support the use of deadly force as self defense against the "mafia in blue". If they break the law so frequently with no consequences, then they are no longer the upholders of the law. They are just another criminal organization and defending yourself against them trying to kidnap or shoot you is perfectly acceptable.

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  12. Re:autonomous cars can't arrive soon enough by Agent0013 · · Score: 2

    You could call your car say, thirty mins before you want to leave downtown or have it pick you up at a give time...

    Better to call it 45 minutes ahead of when you expect to leave and let it drive around the block for the extra time. That will just create more traffic and so the car will take longer to get to your destination. Better call it an hour ahead just to be safe.

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  13. Only a ticket? Meh... by damn_registrars · · Score: 4, Interesting

    I lived for a while in a place where car theft was legal - if you happened to own an impound lot. My car was stolen by such a lot owner from my reserved, paid, contract parking spot and the city wouldn't do shit to help me. I tried to report my car as stolen but the police would hear nothing of it. I had to pay a ransom to the thieves to get my car back, and the towing inspector refused to help as well. Being as the thieves had plenty of experience (and assistance) in the court system you can imagine how well that went as well...

    Basically I would have much rather had a ticket. A ticket doesn't do front end damage to my car or force me to go through hell trying to pursue some semblance of justice. I've fought unjust traffic tickets before (and won) but the city wouldn't help me when my car was stolen by crooked bastards.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  14. Re: All large unions are corrupt.End public unions by GLMDesigns · · Score: 3, Insightful

    Which Republican was that? The same one that wanted to tax large bottles of soda, funds anti-gun legislation? That one? Yeah. Bloomberg is really popular among Republican circles.

    --
    If you're scared of your govt then you need to further restrict its powers
    Vote 3rd Party in 2016 and beyond
  15. Re:Power WILL be abused by Zak3056 · · Score: 4, Insightful

    On the one hand, I kinda agree with you. Let the cops issue whatever tickets they want, and let it be hashed out in the courts. It's no different from letting anyone sue anyone else for anything, and letting it get hashed out in the courts.

    The problem is that court costs (which, IIRC, were only assessed in the past if you LOST your hearing) are now assessed by many courts regardless of outcome. So you can go to court (time off work, misc expenses like fuel, parking, etc) and "win" your case and get the $50 ticket thrown out, and be assessed with $125 of court costs. You come out far worse off than had you just paid the phony ticket to begin with.

    Note - all numbers above are rectally extracted, but do reflect relative reality in many municipalities.

    --
    What part of "shall not be infringed" is so hard to understand?
  16. Re:If People Don't Know It by Zak3056 · · Score: 2

    Then the cop's probably don't either. They are not lawyers and the myriad of byzantine laws and exceptions in any jurisdiction can hardly be comprehended by the judges and lawyers whose job it is to adjudicate them. I would guess it would be a legitimate mistake with the only exception would be meter maids who are supposed to know the scope of parking laws they enforce.

    If cops don't know what the law is, why would they be writing citations for claimed infractions? How about "If you don't know that something is illegal, you don't write tickets/arrest people for it?" Will society collapse because of that?

    --
    What part of "shall not be infringed" is so hard to understand?
  17. Re: Power WILL be abused by Anonymous Coward · · Score: 2, Informative

    There will be no refund. There will be a lawsuit and the city will win. Their state reads more like "we know we were doing this, we got caught, we are sorry. we will do a better job of continuing to do this in a manner to not get caught."

  18. Re:Government by squiggleslash · · Score: 4, Insightful

    In fairness, that law change looks absurd on the face of it and I'm not surprised the officers writing tickets - and the drivers who voluntarily paid the fines didn't realize this.

    The fact both sides, drivers and police, thought a parking violation had been committed hints the law is actually wrong here and probably should be changed back.

    --
    You are not alone. This is not normal. None of this is normal.
  19. Re:autonomous cars can't arrive soon enough by Obfuscant · · Score: 2

    As long as the car parks close enough that it can get to you within a few minutes, what's the problem?

    "Off-street buffer lots" are what we call, today, parking lots, using that kind of definition. To replace the on-street parking, there will have to be a lot more of them, and where do you get the space? From further away from the city. My point still stands, people will just love standing around on the sidewalk waiting for their cars to come back from "resting".

    And if you're not going to be there that long, just have the car drop you off and circle the block.

    Sometimes you don't know how long you are going to be there, sometimes you think it will be "not that long" and you find out it will be an hour. If there is a "circle the block" option, then you'll create an endless parade of empty cars circling the block, creating traffic issues, and delaying those "few minutes" away resting cars from getting back.

    As for handicapped people; there's no need for the *car* to park to help them.

    Why no, of course not. Just stop in the middle of the street and vomit forth the paraplegic and his wheelchair and let him get to the curb on his own. And have the arthritic people standing on the curb for half an hour waiting for their cars to come back ...

    I sense a lack of compassion here. Is your desire for a neat and tidy autonomous future that strong?

    Same for deliveries, unless substantial unloading time is required, in which case the delivery vehicle will need a loading dock or other unloading zone, same as now.

    So a parcel delivery man needs a special parking place ("loading zone") so he can go up thirty floors to deliver his package? And it's not "parking" when he leaves the vehicle, even though it meets all the legal definitions of parking? It's now some magical "unloading space" instead of "parking space"?

    Sorry. Your optimism over the death of parking in the city is not justified. Even before the age of the automobile, there were "parking spaces" for horses on-street. Not everyone took their trusty steeds to the stable, and they certainly didn't allow them to "autonomously" wander around until called.

  20. Re:autonomous cars can't arrive soon enough by Obfuscant · · Score: 2

    All I am ignoring is your assertion that you need to own a car.

    I didn't make that assertion. I made the assertion that it is ignorant to claim that there is no need to own an autnomous verhicle, and I gave you examples of what I do today with my car that I could not do with an autonomous "service" car.

    All the issues you mention can and will be solved.

    No, I'm sorry, they won't. I can point to one very simple issue that you ignored: radios. No car service is going to allow me to install them in every one of the vehicles they might supply, I can't afford to do that, and the agencies whose frequencies I use wouldn't allow it if I could.

    The vision that I am looking at (and is being seriously considered by some major cities) is one in which only autonomous vehicles are allowed in the city.

    How sad. And it doesn't speak to the claim you made that it makes no sense to own an autonomous vehicle. That's what I replied to.

    Once you have that restriction in place, many things are possible.

    Yes, and none of them negate the reasons I gave for why it can, and does, make sense to own your own autonomous vehicle. You ignored every one of them and started on a tangent of how cities might prohibit non-autonomous vehicles in their city. How does that change the logic of owning your own?

    For example, lots of space is freed up because there is no longer a need for people to park their cars.

    Space that will be taken by the large number of autonomous vehicles as they "rest" between calls. You gain nothing with regard to space, you just move it around a little bit. Considering the "drive around the block until I need you" option, you don't save much at all.

  21. Re:Power WILL be abused by meerling · · Score: 2

    I guess you could take the cop that gave you a ticket under false pretenses to small claims court to be reimbursed for your court costs. (Not the time off work obviously.)
    I don't know, it's just a wild guess. ianal