NY1 For You: Illegal Driveway Sparks Dispute Over Wrongful Parking Ticket
A Brooklyn resident was recently hit with an erroneous parking ticket after parking in an illegal driveway, but she hasn't been able to file a successful appeal. NY1’s Susan Jhun filed the following report.
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It's a totally bogus parking ticket, and driver Helen Dellaporte says the city doesn't care.
“$95 for a parking ticket for blocking a driveway that's not even there,” says Dellaporte.
That's what Dellaporte was slapped with when she parked her car in a legal spot right in front of an illegal driveway.
“My parents own this house since 1965, there's never been a driveway there. Because the curb looks low, they assumed that it was a driveway and they built an overhead door,” says Dellaporte.
The owner called the police to report their driveway was blocked and Dellaporte was ticketed.
“When I go to fight the ticket online, they say I don't have sufficient evidence. I go to my community board, they researched it with the Department of Buildings, gave me a letter to send to the appeal unit for the parking ticket,” says Dellaporte.
She still lost her appeal.
“There's no legal driveway, but I'm still stuck paying a $95 parking ticket,” says Dellaporte.
NY1 called DOB and confirmed the space is an illegal driveway.
NY1 then called the Department of Finance. They looked into Dellaporte's case, and a spokesman said that even though it's clear the ticket is in error, the decision cannot be overturned since Dellaporte didn't present evidence showing it was an illegal driveway in her initial hearing online. Judges can only consider evidence from the initial case on appeal.
NY1 went back to the DOB and they sent inspectors out to the location and found that a curb cut was installed without a permit. As a result, the department issued a violation to the building owner. The owner now either needs to remove the illegal curb cut or obtain the necessary permits to legalize it.
That doesn't help Dellaporte, who's on a fixed income, pay $95 for the erroneous ticket, but at least she hopes it means she won't get another one.
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