I just received a ticket for a no front plate from may 2nd of 2003?!?!? I remember this ticket very well. I also remember driving out there in a God damn snow storm to pay it off because I had procrastinated that long. I had to pay for it that night with cash or my licence would be suspended. I paid it and it had disappeared from my record and never thought twice about it.
Since then I’ve had my full record pulled by several police officers to make sure I had nothing outstanding and pulled my DMV abstract as well (pulled for completely different reasons). Nothing showed up on anything.
Now over seven years later they’re telling me I never paid it and unless I find the receipt or by some chance they find it in their records I’ll have to pay for the same ticket again.
Is this even legal? The $65.00 isn’t a huge deal but it’s the principal of the thing. Why should I have to pay twice for a mistake someone else is making? If I were to try and fight it is there any other way possible?
I’m pretty sure I’m screwed just because I paid in cash.
One of my main points of bringing this up is I’m sure there is at least another one of you guys out there that were racing about that time going to the 1/4 in Leicester and may possibly be in the same boat. The clerk told me she sent out 50 letters like this.
N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.
213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.