You return to your car and see it—that hideous ticket tucked under your windshield wiper. Here's how to fight a parking ticket successfully.
How to Fight a Parking Ticket, According to Legal Experts
Updated on Jan. 31, 2025
Read the parking ticket carefully
Whether you’re planning to appeal your parking ticket or pay it, it’s important to read it with an eagle eye. “In most circumstances, the key to a successful challenge is to focus on errors in the ticket that render it legally invalid,” says Rapaport. “Examples of fatally defective errors include tickets that do not correctly state the date and time of the alleged infraction [and] failure by the issuing officer to legibly print or sign their name.”
On the other side of the coin, what your parking ticket does not say may turn out to be the key to refuting it, according to Rosenthal, who notes that “as a matter of law, a parking ticket must afford you proper notice of the ordinance you’ve violated.” So you’ll want to make sure the ticket clearly states what law you’re being accused of violating. And since proper notice also includes correct identification of the vehicle itself, “the issuing officer’s failure to note the make or model of the vehicle” could also render the ticket defective, adds Rapaport.
Take lots of photos
“If you really want to know how to fight a parking ticket, the key is taking photos—lots of photos,” Rosenthal tells Reader’s Digest. “Otherwise you’re dealing with a he said/she said situation.” Let’s say your parking ticket says you parked too close to a fire hydrant. If it so happens that you can produce a photo showing you could have fit an 18-wheeler between your car and the hydrant and the police officer who ticketed you was in the wrong, then that could be your whole defense.
And you should take photos even if you’re not exactly sure what you did wrong or what it will take to refute the ticket. Any photos you take at the scene can turn out to be helpful. “If you don’t yet know what your offense is, you can’t yet know what your defense will be,” Rosenthal points out. “But if it turns out that there is a story to tell, any photos you’ve taken could end up an integral part of that story. And don’t forget to set your camera to include a time stamp.”
Read the law you violated
Most parking tickets will identify the municipal code you’ve allegedly violated. Sometimes, you might even find that the parking enforcement officer has written a few words about what made your parking illegal (e.g., “Car parked too close to fire hydrant”). In either case, you should hop on the internet to look up the municipal code number, then read the text carefully.
“Determining what you’re being accused of is the first step in determining what your defense should be,” Rosenthal explains. For example, if the law says it’s illegal to park on the north side of the street on a Tuesday, and it’s the south side of the street or a Wednesday, that’s your defense right there.” And you can prove it with those photos we just talked about.
Defend the situation with extenuating circumstances
But what if you really were parked in a handicapped spot without visible credentials? Or you really did park in front of signage clearly marked “No Parking”? According to Rosenthal, “how to fight a parking ticket when you don’t have a statutory defense requires thinking outside the statute.” And that means identifying a potentially sympathetic and/or excusable reason for having parked illegally.
For example, maybe you actually have handicapped parking credentials but were driving a rental car, and one of the things your rental car company didn’t tell you is that you need to take your credentials with you. Or perhaps you parked there because you blew out a tire and didn’t have much of a choice. If you can prove the existence of “extenuating circumstances,” as Rosenthal calls them, you might actually be able to beat a parking ticket, although the odds are slim. “You’ll have to hope your appeal is handled by someone who can sympathize,” he adds.
Initiate your parking ticket appeal as soon as possible
You’ll vastly increase your chances of disputing your parking ticket if you follow the directions that appear on the ticket—and to the letter, Rosenthal says. Fortunately, the instructions are almost always simple, and they often include submitting your appeal within the deadline specified.
“Don’t take chances,” adds Rosenthal. “Submit your appeal as soon as you can because if you don’t do so on time, then chances are, you’ll forfeit your defense.” In addition, there is often a late fee if you miss that deadline.
Even worse? If you wait too long, especially if you make a habit of it, you could end up under what Rosenthal refers to as “warrant status.” That means if you ever get pulled over, even for something minor, you could end up in lockup!
Write your appeal as simply and clearly as possible
“When contesting a parking ticket, be sure to give it a KISS,” quips Rosenthal. “In other words, Keep It Short and Simple.” Parking tickets tend not to provide much space in which to express yourself, and that is by design. Unless you’re claiming an extenuating circumstance (which is relatively rare), there shouldn’t be much to say in your defense. Just state the fact(s) that refute what the ticket says. For example, if the ticket was for parking too close to a hydrant, you might say, “Car parked more than 15 feet from hydrant. Please see photo.”
It also helps if you write neatly, respectfully and without emotion. Just the facts! You certainly don’t want to antagonize whoever is reading your appeal. And be sure to keep a copy of whatever you submit.
Handle a hearing like a pro
In some instances, contesting a parking ticket could require you to appear at a hearing in a municipal courtroom. A hearing will usually involve a judge, but not a jury. To prepare, you’ll simply want to arrive on time and dress neatly (wearing a nice business casual outfit couldn’t hurt). You’ll also want to bring two copies of whatever it is you submitted when you initiated your appeal.
When you are called upon to speak, “keep it as simple as you can, but be aware there might be follow-up questions,” Rosenthal says. “If so, keep your responses just as simple. And always be polite.”
Don’t say these things in your defense
In those brief moments when you do speak at a hearing, you need to say the right things. On the other hand, skip the following statements that won’t work as a defense, according to Rosenthal, for the reasons noted:
- “I didn’t know the law.” Ignorance of a law is not a defense.
- “I didn’t mean to” or “I made a mistake.” Parking violations do not require intent.
- “I can’t afford this ticket.” That’s a “you” problem.
- “I’ve been doing this for years.” You don’t want to admit to being a scofflaw.
- “I checked with the parking enforcement officer, who said it was OK.” It’s your word against some phantom officer who didn’t have authority to grant you immunity in the first place, and you very well could be making this up (which the judge knows).
Here’s how to avoid getting a parking ticket in the first place
Tickets aren’t inevitable. You just need to pay close attention to the rules and plan accordingly. Here are a few things you should always do when parking:
- After you park, carefully read all signs you can see to determine if parking is legal on the day/time and for as long as you planned to be parked.
- If it’s metered parking, make sure to pay as directed, and don’t stay beyond the time you’ve purchased.
- When available, use parking apps. They can really help you stay out of trouble, since they will often notify you when time is running out and allow you to add time without actually having to return to your car. Many municipalities have parking apps, and parking signage often contains a QR code for the applicable app.
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Sources:
- Jeremy Rosenthal, Texas-based attorney and founding partner at Rosenthal, Kalabus & Therrian; email interview, November 2024
- Marc A. Rapaport, New York–based attorney and founder of Rapaport Law Firm; interview, 2018
