NYC Violation Code 35: Selling or Offering Merchandise from Metered Parking
Parking violation · $115 base fine · 5-stage penalty escalation
Fine Breakdown
Base Fine
$115
Maximum (before judgment)
$215
Penalty Escalation Timeline
Base Fine
$115
At issue
+$10 Late Penalty
$125
After 30 days
+$30 Late Penalty
$155
After 60 days
+$60 Late Penalty
$215
After 75 days
Judgment Entered
$215
After 90 days
Quick Tip
If you were not selling or offering merchandise and were simply parked, provide evidence such as witness statements or photographs showing no commercial activity at the time.
When this ticket gets issued
Code 35 is issued for selling or offering merchandise from a metered parking space. The base fine is $115. This code targets vehicles used as mobile vending points, whether from the back of a truck, a trailer, or a van. Commercial fleet operators rarely receive Code 35 because legitimate delivery activity does not qualify as selling from the parking space. However, the code can be misapplied when an officer sees goods being unloaded and misreads the activity as commercial retail sale. Code 35 is unusual in that it has a narrow set of defenses: the vehicle was not there, the plate is wrong, or the ticket itself is defective.
How to fight code 35
Vehicle was not at this location at the time
Pull GPS or telematics data showing the vehicle was elsewhere when the Code 35 ticket was written. Export the trip log for the ticket minute and compare to the summons address. For commercial fleet operators who never engage in retail sales, this is often the strongest initial defense.
Evidence to bring: written_account
Wrong plate number on the ticket
Compare the plate on the Code 35 summons to your DMV registration. Attach a photo of the actual plate on the vehicle. Since Code 35 targets vending activity, a transcription error is especially impactful because your commercial delivery truck has no connection to the vending plate the officer intended to cite.
Evidence to bring: photo_of_plate, photo_of_registration
Ticket contains errors (wrong date, time, location, or vehicle description)
Review the Code 35 summons for wrong body type, color, street, or time. If the officer described a van but your vehicle is a box truck, or the ticket cites a time outside posted meter hours, list every defect. Include photos of the vehicle for comparison against the description fields.
Evidence to bring: written_account
Frequently Asked Questions
Can a delivery driver receive Code 35 for unloading packages at a metered space?
Code 35 targets selling or offering merchandise from the metered space, not delivering to a consignee. If an officer mistook delivery for retail sale, the TICKET_DEFECTIVE defense combined with a delivery manifest showing the consignee name and address usually resolves the ticket. Active loading is not commercial sale.
What if my truck has company logos that might look like a vending vehicle?
Signage alone is not grounds for Code 35. The ticket requires actual selling or offering. If an officer cited your logo-wrapped delivery truck, submit a written statement describing the delivery activity, the consignee, and the timestamp. Include the delivery manifest showing package handoff rather than retail sale.
Does Code 35 also require meter payment and commercial plates?
Code 35 is about the prohibited activity, not meter compliance. Even a paid meter does not authorize selling merchandise. For fleet operators, this is rarely a concern because commercial delivery is not merchandising; but if cited in error, focus defenses on VEHICLE_NOT_PRESENT or PLATE_ERROR rather than meter status.
What this means for commercial fleets
Code 35 is uncommon in commercial fleet data and usually signals a transcription or identification error when it does appear. At $115 per ticket, the fine is high enough to warrant immediate dispute review. Train dispatchers to flag any Code 35 against company vehicles, pull the driver's delivery manifest for the ticket time, and submit PLATE_ERROR or VEHICLE_NOT_PRESENT defenses with supporting GPS data. The low frequency of this code against legitimate fleets means the success rate for dispute is typically high.
Related violation codes
Track violation codes across your entire fleet
Clear Plates identifies every violation code, monitors penalty escalation deadlines, and alerts you before fines increase.
Disclaimer: Clear Plates is not a law firm and does not provide legal advice. The information on this page is general educational content about NYC violation code 35 and is not a substitute for advice from a licensed attorney. Defenses, evidence strategies, and hearing outcomes depend on facts specific to each ticket. For legal advice about a specific violation, consult a qualified attorney licensed in New York.