How to Fight a Parking Ticket in Cape May Court House, NJ

The parking restriction was not properly posted under NJSA 39:4-8, or the summons omitted required identifying information under NJSA 39:4-139.

Legal basis:

NJSA 39:4-8 requires local authorities to erect traffic control devices before parking restrictions are enforceable. NJSA 39:4-139 specifies required content for parking summonses; material omissions may support dismissal.

Required evidence:

• Photograph of the sign or its absence at the cited location
• Copy of the summons showing the deficiency

Middle Township must post clear, visible signs designating a residential permit parking area. If no such sign was present on the block face where the vehicle was parked, the citation lacks a legal foundation.

Legal basis:

NJSA 39:4-8 and Middle Township Code § 275-1 require that parking restrictions be designated by official traffic control devices before enforcement. Without posted signs, no permit restriction is enforceable.

Required evidence:

• Photograph of the street block showing the absence of residential permit signage
• Screenshot of Middle Township's official permit parking zone map showing the street is not listed

The overtime parking violation is invalid if the sign did not clearly specify the hours during which the time limit applies, or if the sign was posted in a location not visible from the parked vehicle's position.

Legal basis:

Under NJSA 39:4-138, time-limit parking restrictions are only enforceable when properly signed with the applicable hours. Ambiguous or missing hour designations invalidate the citation.

Required evidence:

• Photograph of the sign showing hours, or absence thereof
• Photograph from the vehicle's parked position showing sign visibility

The no-parking sign was absent, missing from the block, obstructed by a tree or another sign, or so faded as to be illegible at the time of the violation.

Legal basis:

A motorist cannot be held responsible for violating a regulation that was not properly posted. Signage must be installed and maintained according to the Manual on Uniform Traffic Control Devices (MUTCD).

Required evidence:

• Photograph of the sign (or lack thereof) taken on or near the violation date
• Wide-angle photo showing the full block face
• Timestamp metadata from the photo

The parking meter was visibly broken, displayed an error, accepted payment but failed to register it, or was not functioning at the time the vehicle was parked.

Legal basis:

Vehicle operators are not required to seek alternative parking when a meter malfunctions. The city bears responsibility for maintaining meter equipment.

Required evidence:

• Photograph of the meter display showing the error or malfunction
• Receipt or bank statement showing payment attempt if applicable
• Timestamp from the photograph

Two or more signs on the block face or pole provided contradictory parking rules, making it impossible to determine the lawful parking restriction.

Legal basis:

Contradictory signs create an ambiguity that must be resolved in the motorist's favor. Enforcement cannot stand when the regulation is unclear.

Required evidence:

• Photograph clearly showing both conflicting signs in the same frame
• Photograph showing the distance between the signs

The ticket contains a material error in the vehicle description — wrong license plate number, incorrect state, wrong vehicle make, model, or color.

Legal basis:

A ticket with a materially incorrect vehicle description is legally defective. The issuing officer must accurately identify the vehicle for the citation to be valid.

Required evidence:

• Copy of vehicle registration showing correct plate and description
• Photograph of the vehicle's actual license plate

The vehicle was parked in violation because of an unforeseen medical emergency affecting the driver or a passenger that required immediate attention.

Legal basis:

Most municipal codes recognize medical necessity as an affirmative defense to a parking violation. The emergency must be genuine and documented.

Required evidence:

• Hospital or emergency room discharge paperwork showing date and time
• Doctor's note or urgent care visit documentation
• Any emergency services record