Terms of Service
Last Updated September 17, 2024
airPark Technology LLC (dba as PayNYCFines, "PayNYCFines" and sometimes referred to herein as "we" or "us") is a privately held company, not affiliated, associated, authorized, endorsed by, or in any way officially connected with any city, county or state government agency.
By using www.paynycfines.com (the "Website") or the PayNYCFines SMS service (the services made available to you via the Website or the SMS service are collectively referred to as the "Service"), an offering owned and operated by AirPark Technology LLC, you agree to these Terms of Use. PayNYCFines may change these Terms of Use and such modification shall be effective upon being posted to the Website, and your continued use of the Service signals your agreement to be bound by any changes. The Website and Service allow you to track, manage and pay parking tickets.
- Ticket Payments.
- Ticket payment cost & fees: We show the total cost of selected tickets and bothservice fees (charged both by New York City Department of Finance (NYC DOF) and PayNYCFines) on the search results page for all tickets. Our fee is shown in the right column below relative to the ticket amount in the left column below:
- <$46.00 | $4.95
- $46.00 - $65.99 | $5.95
- $66.00 - $115.99 | $6.95
- $116.00 - $200.99 | $7.95
- $201.00 - $300.99 | $8.95
- $301.00+ | 2.5%
- Ticket payment process: By using this service you understand and empower PAYNYCFines to facilitate your payment to NYC. In most cases, your payment for tickets and the NYC DOF convenience fee will be processed directly by NYC DOF. PayNYCFines is authorized to charge your credit card for its service fee and only charges its service fee after NYC DOF issues a payment confirmation that your payment has been processed successfully. Users whose tickets are paid using this payment method will see three charges on their card statement: (1) "DOF PARKINGANDCAMERANEW" (Ticket payment), (2) "PRKNG&CAMERATIX SERVICE" (NYC Credit Card Processing Fee), and (3) "PAYNYCFINES" (Our service fee). All three charges are disclosed on the PayNYCFines checkout page. We may choose to facilitate your payment to NYC by credit card and/or other payment methods, including, but not limited to, through a "For Benefit Of (FBO)" account that we may establish at a bank. In these cases, you authorize us to pre-authorize your card for the ticket amount and our service fee and/or to charge your card for the ticket amount and our service fee.
- In our discretion, we will choose the payment method that will be used to pay your ticket. In every case, we will promptly e-mail you a receipt after your ticket has been successfully paid (or if the payment was unsuccessful, we will notify you of the failed payment). No payment is being transmitted directly by us to NYC DOF on your behalf in any method of payment facilitation.
- All payments via PayNYCFines are final. Once you authorize PayNYCFines to facilitate payment for a parking ticket, you will not be able to cancel the transaction and you will not be able to get a refund under any circumstances, including payments through the website or the SMS/texting interface. By submitting payment information to PayNYCFines, you acknowledge that you are the owner, registrant, and/or operator of the vehicle that was ticketed.
- You are responsible for reviewing all information provided to PayNYCFines before submitting payment. If any errors are made in inputting your information, PayNYCFines assumes no responsibility for any interest, late fee, or other legal penalties that results. If the amount due is different than the amount authorized, then you give PayNYCFines permission to charge you for the full amount due. Keep in mind that the amount owed may be different from the initial amount on your ticket because of late fees or other penalties.
- You agree that PayNYCFines may provide other information, including personally identifying information and payment information, to the necessary government department or its assigns. You agree that in the process of facilitating your ticket payment, PayNYCFines may solve any Captchas we encounter on your behalf. You also acknowledge that PayNYCFines is not a financial institution, trustee or other fiduciary.
- Ticket payment cost & fees: We show the total cost of selected tickets and bothservice fees (charged both by New York City Department of Finance (NYC DOF) and PayNYCFines) on the search results page for all tickets. Our fee is shown in the right column below relative to the ticket amount in the left column below:
- Ticket dispute process: PayNYCFines is neither an attorney referral service nor a law firm. If you choose to dispute your ticket through our platform, your communications with us do not constitute legal advice and are not privileged communications. We will act as your agent and dispute the ticket on your behalf, using any information that you have provided as evidence. When disputing a ticket through our platform, your credit card will be charged 50% of the current fine amount at the time of your ticket dismissal request. If your ticket dispute is not successful, you will not be charged and you have 30 days to pay the ticket before NYC imposes additional late fees and penalties.
- SMS Communication. PayNYCFines uses SMS to inform users about important events related to their parking tickets and our services, including alerting users of new tickets, reminding them about upcoming penalties, sharing transaction receipts, providing monthly recaps, and offering customer support. By paying a ticket via PayNYCFines, or subscribing to SMS alerts (no purchase required), you allow PayNYCFines to send you SMS messages as part of the offering of PayNYCFines. You understand that by subscribing to PayNYCFines's SMS/text messaging service, you may be charged by your carrier for text messages, and these potential costs are owed by you. You'll also receive text updates periodically on the status of all your tickets, and when you interface with our application to inquire about ticket status. You may also get sms messages for customer services. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy below.
- Term. These Terms of Use shall remain in effect for the entire time you use the Website and/or the Service. You may terminate your account at any time; PayNYCFines may terminate your account at any time and for any reason, including but not limited to your dispute of any fees owed to PayNYCFines. Should PayNYCFines terminate your account, you will be notified at the email address specified when you signed up for the Service or by text. If your account is terminated, the relevant provisions of these Terms of Use shall stay in effect.
- Use of Website & SMS Services. The Service is intended for use by users who are at the legal age permitted to hold a driving license. In any case, accounts of users under the age of 13 years will be canceled and deleted by PayNYCFines.
- Accounts. Accounts are not required, but can be created for your convenience. You can cancel your account at any time. To create an account, you will be required to provide certain personally identifiable information, including but not limited to your name, email address, phone number, license plate number and credit card information.
- Passwords and Security. If you have an account, it is tied to your phone number and/or email. You agree to accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications and submissions. You agree to notify PayNYCFines immediately of any unauthorized use if any other breach of security is suspected by you.
- External Links. The Website may provide links to other websites that are not maintained or controlled by PayNYCFines ("Linked Sites"). The inclusion of any hyperlinks to Linked Sites does not imply approval or endorsement by PayNYCFines of those Linked Sites and PayNYCFines expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall PayNYCFines be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
- Ownership, License & Data Use. The Website and the information, computer code, and related functionality appearing featured or otherwise displayed on the Website are owned by PayNYCFines. PayNYCFines grants you a limited, non-exclusive, non-transferable license to use the Website per these Terms of Use and the instructions provided by us on the Website. You may not copy anything you get from the website or service. Scraping PayNYCFines data via automated or manual methods is expressly forbidden. Don't do it. Any rights not expressly granted herein are reserved to PayNYCFines and its affiliates.
- Disclaimer of Warranties. PAYNYCFINES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUTTHE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE 'WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAYNYCFINES DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. PAYNYCFINES MAY ATTEMPT TO PREDICT UPCOMING PENALTIES FOR UNPAID TICKETS USING PUBLICBLY AVAILABLE PENALTY SCHEDULES, BUT IT DOES NOT WARRANTY THE ACCURACY OF THIS DATA. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THESE TERMS OF USE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
- Limitation on Liability. IN NO EVENT SHALL PAYNYCFINES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF PAYNYCFINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAYNYCFINES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PAYNYCFINES FOR THE SERVICE DURING 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Indemnification. You agree to indemnify, defend, and hold us (and our officers, employees, directors, managers, and agents) harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) your use of or inability to use the Website and/or the Services; (ii) your breach or violation of these Terms of Use, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct. We will not be liable for any access to your account caused by unauthorized use or disclosure of your account information by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
- Data & Records Access. You understand, agree, and acknowledge that searching for a violation may require a motor vehicle record search through the Services and access the results of that search only for a purpose permitted under the Driver's Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules and regulations of the state from which the motor vehicle record is sought (collectively, "DPPA Laws"). You represent that you are aware of and understand the requirements and restrictions of the DPPA Laws, and that you are conducting your search through the Services for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use of motor vehicle records made available through the Services for any purpose other than a permitted purpose under the DPPA Laws may subject you to criminal fines for non-compliance and to civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys' fees. You agree to indemnify, defend, and hold harmless PayNYCFines (airPark Technology LLC) and its affiliates, subsidiaries, offices, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities of whatever nature or kind, due to or arising from your violation of the DPPA Laws.
- Privacy Policy. Your use of the Website is also governed by PayNYCFines' Privacy Policy.
- Arbitration.
PLEASE READ THIS SECTION -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS PROVISION REQUIRES YOU TO ARBITRATE DISPUTES WITH PAYNYCFINES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IT FURTHER PROVIDES THAT YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. THIS SECTION OF THE TERMS SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
To opt-out of arbitration, send an email to [email protected] with the heading "Arbitration Opt-out" prior to using our service.- We will try work in good faith to resolve any issue you have with our Service if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a client's satisfaction. In that case, you and PayNYCFines agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of our Service shall be determined by binding arbitration rather than court, except that you or we may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on a non-class, non-representative basis.
- Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and PayNYCFines are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and PayNYCFines.
- If you desire to assert a claim against PayNYCFines, and you therefore elect to seek arbitration, you must first send to PayNYCFines, by e-mail to [email protected], a notice of your claim ("Notice"). The Notice to Company should be addressed to: email ("Notice Address") and should state in the "subject line" of the e-mail "LEGAL NOTICE" in all capital letters. If PayNYCFines desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by PayNYCFines, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). In an effort to accelerate resolution and reduce the cost of any Demand between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Demand prior to either party initiating a lawsuit or arbitration ("Initial Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will we. The Initial Dispute Resolution Conference shall occur within 60 days after the other party receives a Notice, unless an extension is mutually agreed upon by the parties. The Initial Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a Demand cannot participate in the same Initial Dispute Resolution Conference. The completion of the Initial Dispute Resolution Conference is a mandatory pre-condition to either party initiating an arbitration or lawsuit against the other. If either party fails to participate in the Initial Dispute Resolution Conference prior to initiating an arbitration or lawsuit, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Initial Dispute Resolution Conference process required by this paragraph.
- If PayNYCFines and you do not reach an agreement to resolve the claim within 60 days after the Notice is received and after the completion of the Initial Dispute Resolution Conference, you or PayNYCFines may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by PayNYCFines or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. The arbitrator shall decide all disputes arising out of or relating to the interpretation or application of this Arbitration Agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Unless PayNYCFines and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address, and may occur by videoconference at either party's election. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less, the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, unless the total damages awarded are less than the amount of a settlement offered by us prior to the initiation of the arbitration. The arbitrator may also award us our attorney fees, expert witness fees and costs if it is determined that your claim was brought in bad faith, for purposes of harassment, or is patently frivolous.
- If multiple individual arbitration proceedings are consolidated pursuant to this Arbitration Agreement, AAA and the arbitrator shall treat the consolidated proceedings as one arbitration for purposes of assessing AAA fees and the arbitrator's compensation, and you consent and agree not to object to any reduction or elimination of AAA fees or arbitrator compensation.
- The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis, whether in arbitration or in court.
- Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the AAA may consolidate an individual arbitration filed under this Agreement with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed arbitration. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by the AAA.
- If any court or arbitrator determines that the class action and class arbitration waiver set forth in this Arbitration Agreement is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- If this Arbitration Agreement is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in or with jurisdiction over New York County, New York, and these Terms of Use will be governed by the laws of the State of New York, without regard to conflicts of laws principles. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.