Car got towed away. Advise please.

[kudessnik]

What is the name of your state (only U.S. law)? New Jersey.
I live in apartment complex. I have my own off-street parking space but recently I decided to sell my car. So I sticked pair of "for sale" signs with my telephone number and parked the car on the street across the apartment where I live. Parking on the street is allowed if you have resident parking permit which I obtained few days before and hooked to the mirror in the car. So today I came back from work and found out that my car got towed away. Called police and they explained to me that might one of the neighbors complained about unattended car (car was parked absolutely legally) in front of their house (though it is public parking with permit which I have), police made a note in their computer system and waited for 48 hours to see whether the car is going to be attended or not. Even if there is such a law, I think police must leave some sort of notes or warnings on the car. and there was No tickets whatsoever since it was parked legally.
Police said that there is NJ law that states the abovementioned procedure. where can i find that law? is that so? Can I hold the police department to pay towing charges? Small claims court or hire a lawyer?
Instead of towing away the car they could just verify by hanging resident permit card that I live across the street.

Please advise.

[mojo_stevo]

Here in California the police must reference a tow code prior to towing a vehicle for anything from public streets. There are different sections for different circumstances. I would assume your state is the same. Find out what vehicle or municipal code they used to remove your vehicle. In CA there are very few codes that will allow an officer to immediately tow an unattended car. Things such as registration expired over 6 months, outstanding parking cites, traffic hazard, perm/temp "no parking, tow away" signs.

So find out what the impound authority was, and see if they adhered to the circumstances. As far as I know, In California Vehicle Code, as long as an abandoned looking vehicle is not posing a hazard, the officer must wait 72 hours in order to take it, so your state may be similar.

[I_Got_Banned]

Originally Posted by kudessnik

where can i find that law?

You can look for it here:
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=394357&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on &infobase=statutes.nfo&record={E06E}&softpage=Doc_Frame_PG42

Originally Posted by kudessnik

Can I hold the police department to pay towing charges? Small claims court or hire a lawyer?

You'd have to establish that it was unlawfully towed away first then you can decide whose responsible for any monetary damages... and how to recover them.

[I_Got_Banned]

After a quick search I came across this (which might be somehow related):

TITLE 40 MUNICIPALITIES AND COUNTIES
40:11A-22. Municipal parking authorities
(3)(d) In order to implement such enforcement of applicable law, ordinances and regulations as aforesaid, the appointment by or on behalf of the municipality upon designation as required by the authority of persons to serve, under the supervision and direction of the authority, as parking enforcement officers of the municipality with full power and authority, in such manner and to such extent as may be approved on behalf of such municipality, (1) to issue summonses for violations of any provision of said law, ordinances or regulations, (2) to serve and execute all process with respect to any such violation issuing out of the police court of the municipality by whatsoever name the same shall be known, and (3) to cause any vehicle parked, stored or abandoned in violation of any provision of said law, ordinances or regulations to be towed away from the scene of such violation and collect from the owner of such vehicle the costs of the towing and subsequent storage of said vehicle before surrendering said vehicle to such owner;

I'll see what else I can find later on...

[patstew]

As an addendum, many municipalities have ordinances prohibiting parking a car in a public space for the purpose of selling the vehicle. Even if you have a resident permit, you may not be allowed to use it that way. Check your local ordinances, which you are responsible for knowing anyway, of course.