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Government Transportation United States

The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It (tumblr.com) 177

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

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

    • Re: (Score:1, Insightful)

      by Anonymous Coward

      why be criminal about it all?

      Because being criminal is how police be. It's the way of their kind.

  • by Anonymous Coward on Thursday May 12, 2016 @12:10PM (#52099231)

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

    • by iCEBaLM ( 34905 )

      Technically, the people who paid the ticket agreed to do so, otherwise they could have went to court.

      • by Krojack ( 575051 )

        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.

      • by bondsbw ( 888959 )

        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.

        • 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.

          For parking ticket yuou agree to plead guilty and pay the fine or fight the ticket by going to the City's website and filling a form detailing why you are not guilty and uploading supporting evidence such as pictures. An administrative judge (Not and actual judge at all) will review your submission and make a judgment. Personally I fight every ticket I receive. The exorbitant fees are obviously not there as punitive measures but rather to fill the city coffers and I want to make it as difficult for them as

          • There needs to be some incentive to fight bad tickets. Often the tickets cost less to pay than to fight. Winning against a disputed ticket should come with automatic restitution of a median day's pay (sort of how mileage reimbursements are a flat amount per mile).

            Around here you have to show up to fight one. After waiting a long time to show you are present to argue it, you get put into a second line to eventually see the judge. You waste a whole day of work just to finally get in front of the judge. S

      • by Agripa ( 139780 )

        Technically, the people who paid the ticket agreed to do so, otherwise they could have went to court.

        And paid an even larger fine, err, I mean fee for the privilege of contesting the ticket.

    • by Andy Dodd ( 701 )

      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...

      • 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

        • New York is very good about letting you plea to parking on the pavement regardless of how severe your infraction is. In court, charges can only be reduced to a lesser charge included in the charged offense. In other states, parking on the pavement is not a lesser charge included within driving twice the speed limit or going through a stop sign, so the plea deals aren't as lenient. I am not a lawyer. I have lived in NJ and NY and I've been to traffic court for one minor infraction and an erroneous parkin
      • by bondsbw ( 888959 )

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

        Negligence of the law isn't a defense, in either direction.

        • Unfortunately a judge disagrees with you on that, at least with regards to the cops.
          I consider that cop to be conspirator of the bad cops out there as he is intentionally aiding them in their illegal activities and shielding them from prosecution for them.
    • Will they refund people and wipe their record of the error?

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

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

      Ha ha ha ha ha ha ha... Oh, wait. You're serious. Let me laugh harder. HA HA HAAAA HA HA HAAAAA HAAAAA!!!!!

  • by Locke2005 ( 849178 ) on Thursday May 12, 2016 @12:10PM (#52099233)
    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?
    • by myowntrueself ( 607117 ) on Thursday May 12, 2016 @12:27PM (#52099393)

      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.

      • by twotacocombo ( 1529393 ) on Thursday May 12, 2016 @12:32PM (#52099439)

        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.

        • by Anon-Admin ( 443764 ) on Thursday May 12, 2016 @12:54PM (#52099635) Journal

          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.

          • by mjwx ( 966435 )
            I guess its up to the non American to play devils advocate and say the law is wrong. When "people" protest against an incorrect law they're "heroes".

            When cops do it, they're villains.

            For many people who are mobility impaired which is quite a few including old persons who are capable of assisted walking (read: with cane) but not capable of walking down ramps unassisted footpath ramps are a godsend they sorely need.

            It was a law passed to appease lazy drivers at the expense of those who are most vul
            • by sjames ( 1099 )

              These particular ramps would be primarily 'useful' for jaywalking since they are mid block.

              If the cops wish to protest, they need to at least mark them off as no parking.

        • by Shawn Willden ( 2914343 ) on Thursday May 12, 2016 @01:08PM (#52099779)

          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.

          • by Livius ( 318358 )

            That sort of a process creates spaghetti law, just the way doing the same thing in software creates spaghetti code.

            In a way, the law is a lot like a software system that has undergone millions of upgrades, some minor, some major, and has been in continuous operation for several thousand years.

        • 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.

          • by Agripa ( 139780 )

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

            The city can just add processing fines, err, I mean processing fees to recover the cost and return a profit from enforcement.

          • by tepples ( 727027 )

            Money from fines should be distributed to the citizens as part of the tax process

            In effect, fines are already distributed to citizens when the taxing authority doesn't raise the tax rate for the tax year after the fines are collected and deposited to the general fund.

        • by tnk1 ( 899206 )

          Maybe, but it is just as likely the problem is that lawmakers are great at making laws, but they rarely get credit for repealing old laws unless it is some sort of tax.

          Ask your legislator about some law that was passed even 20 years ago, and unless it is on a hot button issue like taxes, abortion, gay marriage, or whatever, they won't know shit about it. That's how stupid blue laws and such stay on the books for years after everyone alive considers them quaint or even abhorrent when they find out about the

          • Which is why I'd love to see it written into the constitution that all laws automatically sunset after a few decades unless individually renewed. Not only does that ensure that only laws with ongoing political support will remain on the books, but it also puts a practical upper limit on the total number of laws that can exist at any one time. Even if it only averaged a minute apiece to "rubber stamp" laws into continuation, and congress worked full time doing nothing else without vacations, that'd still b

            • by tnk1 ( 899206 )

              Many laws do have sunset clauses, for instance the Patriot Act did. And it does help create new debate around existing provisions. Although, as you can see with the Patriot Act, sometimes they just get renewed.

              I'd actually like to see something like a project to create a clean slate version of the various titles of the US Code. Once that was agreed on, we'd simply repeal an entire Title of the US Code and replace it with the refactored one. You'd need an independent commission to do that work, because i

      • by Agripa ( 139780 )

        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.

        Think of it as an employment program for lawyers and law enforcement.

    • Re: (Score:2, Insightful)

      by LWATCDR ( 28044 )

      The police do not judge you guilty or innocent. If an officer breaks a law that he did not know he was breaking then is as guilty as anyone.
      In this case he made an error in writing the ticket but the person that got the ticket made an error in paying it.
      If you bothered to take it to court you should win.
      Of course now that they found the error the correct thing would be to refund all tickets that were paid in error.

      • by Agripa ( 139780 )

        In this case he made an error in writing the ticket but the person that got the ticket made an error in paying it.

        It is not an error in paying it when the fines, err, I mean feeds to contest the ticket are greater than the cost of the ticket.

      • by sjames ( 1099 )

        I don't know about New York, but in many places there are "court fees" that exceed most tickets that you have to pay if you contest it, win or lose.

  • 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.

    • by Applehu Akbar ( 2968043 ) on Thursday May 12, 2016 @12:40PM (#52099499)

      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.

    • Wait... will autonomous cars just drive around the block until somebody leaves? Ever been on a street in San Francisco that turns from "No Parking" to "Parking" at 6pm? By 6:05, literally every parking spot is filled. It's truly a wonder to behold; people start circling the block at about 5:50, then it's a giant musical chairs game!
      • Autonomous cars won't need to park in residential streets. They will return to base.

        You don't think that you will actually own an autonomous car, do you? That would make no sense. No, instead, you will pay a monthly fee for an autonomous car service.

        • You don't think that you will actually own an autonomous car, do you? That would make no sense.

          I'm sorry, what? Of course I'd own an autonomous car (WHEN and IF that becomes the only option for private transportation, that is). Why wouldn't I? I have things I keep in the car so they will be there when I need them. I have two radios installed so I can communicate when I need to. I sometimes need to go somewhere NOW, not after someone else gets done with the car. And sometimes I am the one who needs the car for a long time. It's an hour and a half to the closest major airport, which takes that car out

    • by Agripa ( 139780 )

      No worries. They can use civil assets forfeiture to make up for the loss of ticket revenue. Invest in drug dog futures.

  • Democracy (Score:5, Interesting)

    by CauseBy ( 3029989 ) on Thursday May 12, 2016 @12:32PM (#52099437)

    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.

    • Re:Democracy (Score:4, Interesting)

      by Solandri ( 704621 ) on Thursday May 12, 2016 @04:22PM (#52101171)
      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).
    • This is democracy in action. It isn't perfect, but good luck trying to get a King to change like that.

      "Democracy" isn't supposed to involve having to fight an overbearing and corrupt government (nor is democracy supposed to be a tyranny of the majority, another common misconception).

      Furthermore, kings historically have been quite concerned with corruption in their government, because, unlike politicians, they have to think in the long term, and when they lose the confidence of their people, it often cost th

  • by iCEBaLM ( 34905 ) on Thursday May 12, 2016 @12:35PM (#52099463)

    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.

    • by Zak3056 ( 69287 )

      The sad thing is that the Supreme Court ruled recently (last year, IIRC) that ignorance of the law is, indeed, an excuse if you are the police.

      Some animals are, indeed, more equal than others.

  • by ThatsNotPudding ( 1045640 ) on Thursday May 12, 2016 @12:41PM (#52099513)
    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.
  • by mysidia ( 191772 ) on Thursday May 12, 2016 @12:43PM (#52099535)

    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.

  • For those who don't RTFA they won't know that ...

    In this case, the NYPD acknowledged the mistake, is retraining its officers and is putting in monitoring to limit this type of erroneous ticketing from happening in the future. In doing so, they have shown that they are ready and willing to work with the people of the city. And what better gift can we get from Open Data than that.

  • For those who don't have a dictionary handy it means "hard to understand".

    But the law isn't hard to understand. Here's the section that applies:

    A person may stop, stand or park a vehicle alongside or in a manner which obstructs a pedestrian ramp not located within such crosswalk, unless otherwise prohibited.

  • Parking is prohibited within 15 feet of a fire hydrant. (1) The edge of the sidewalk is usually painted yellow, BUT IT MAY NOT BE 15 FEET! It's up to YOU to figure it out. (2) Except it's really up to the police or traffic wardens. You can be 25 feet away and get a ticket. When you complain, with a photo, they'll simply point out that you could have taken the photo after moving your car.
  • by damn_registrars ( 1103043 ) <damn.registrars@gmail.com> on Thursday May 12, 2016 @01:55PM (#52100129) Homepage Journal
    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.
    • If you had a reserved, paid spot, did you try to recover from the entity who rented the spot to you. The towing company was likely a contractor to them. Not that it wouldn't still suck. I had my car towed once but I was parked wrong. It upset me terribly.
      • I tried, but they wouldn't help either. Said owner of spot was my landlord when I lived in a large apartment complex. The towing company was not strictly a contractor to them but rather a sub-contractor as it was the "security" company who was a contractor to the landlord and the towing company was - in theory - a subcontractor to the security company. Even though the documentation showed the towing company was there - inside the secured-access garage - first, the landlord wouldn't touch the matter.

        Be
    • by Agripa ( 139780 )

      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 we

      • 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...

        I would approve of vigilant justice in this situation against the facilities and personnel.

        There is a reason why the place has security cameras all over the place, and bullet proof glass in front of their cashier. They also kept the cars they knew owners would most likely want back kept in a locked garage (which - you guessed it - was also monitored by security cameras).

  • Actually the city response was

    ... the department is also taking steps to digitally monitor these types of summonses to ensure that they are being issued correctly.

    So, hopefully an end to it, but perhaps not.

  • We appreciate Mr. Wellington bringing this anomaly to our attention

    No, they most likely do not appreciate it.

    More importantly, a fraction of ticketed car-owners must have appealed the summonses — and won. NYPD could — and therefor must — track the appeals and their results. Had they done so, they would've noticed the anomaly themselves.

    Next in line — use FOIA to chart ticked-issuance per day of the month. This would finally establish — beyond doubt — whether or not pol

  • There was a sidewalk in Queens, NYC, NY with ramp in it for a driveway (well not a ramp but no curb so you could drive up it). The driveway was for a garage. The garage door had been walled up. The former garage was only a few feet from the street so a car could not pull up into the driveway anymore. If you parked in front of this non-garage you would get a parking ticket for blocking the non-driveway. Even if the front of your car extended over the non-driveway you would get a ticket for obstructing the no

  • "It appears to be a misunderstanding by officers on patrol of a recent, abstruse change in the parking rules."

    Really? A "misunderstanding by officers"? You gonna stick with that answer?

    Because when *I* break the law I don't get a pass because I "misunderstood" something. I mean, isn't it the police and judges who are the first to exclaim that "ignorance of the law is no excuse"?

    I'm sure they'll pay back all of the people they wrongly ticketed, and with interest too. (Ah ha ha ha ha ha ha ha ha, who am I ki

  • Seriously - exact same situation - link below of legal parking spot.

    I submitted evidence for an online hearing that included the blog post from TFA (plus a screen grab of that street view, plus the appropriate legal stuffs).

    I'd love to know when Mr. Quant NYC submitted his findings. I got my ticket three weeks ago (and this Slashdot post was a reminder for me to fight it).

    https://www.google.com/maps/pl... [google.com]

  • P E R J U R Y !! (Score:2, Interesting)

    by redelm ( 54142 )

    When a cop signs a ticket [summons] they are swearing they have observed the offense. Without sworn testimony, no default [missed appearance] judgement and punishment can be legally imposed. If a copy writes ticket s/he knows is bad, s/he's just committed perjury.

    Unfortunately, prosecutors most places rely heavily on police to build their cases, so are extremely reluctant to prosecute police. When they must, they use clever ticks to sabotage their own cases (Rodney King). Clear corruption, albeit withou

    • by Agripa ( 139780 )

      When a cop signs a ticket [summons] they are swearing they have observed the offense. Without sworn testimony, no default [missed appearance] judgement and punishment can be legally imposed. If a copy writes ticket s/he knows is bad, s/he's just committed perjury.

      For my own edification I have sat in court monitoring the proceedings when cops testify to support their ticket. More than half of the time when challenged, they keep changing their answer until the judge finds one that is acceptable.

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