Parking citation - Block Driveway in San Francisco

[dearrrfish]

Hi, I am a international student in San Francisco, CA.

I got my first parking citation today in the reason of Blocking Driveway (VC22500E).

I parked my car at the space which is between exits of two garages, I've checked before I left for class there were enough space in front and at back of my car. However, I remembered that I watched back once for the car when I wait for walking through the cross area, I saw a car just trying to park at back of me, which would directly block the driveway. I didn't go back to find another park place as I was hurry for class. Then after 1 hour I found my car was towed.
I paid $385.75 to get my car back from AutoReturn and got a $90 of Parking Citation.

I wonder if I could protest this citation , requesting a review to find if I was fined because another car just park in the space behind mine and when the owner of garage called, they towed both of our cars. Is this my fault? Can I request for some detail description?

Thank you for your help.

 

[CdwJava]

If the tow was authorized by a government agency, you have ten days to request a post-storage hearing. They must generally schedule the hearing within 48 hours. At the hearing you can ask for the legal justification to tow the car.

Here is CVC 22500(e):

22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.​

Note that it says "in front" and does not require that your car completely obstruct the driveway for the section to apply.

The tow may be a little trickier to justify, but given that there was likely no place to easily move the car too in front or behind it, chances are the impound was also good.

here is the Vehicle Code section that likely authorized it:

22651. A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act, under the following circumstances:

(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.​

About your only wiggle room might be the language that says the tow is permitted when the illegally parked vehicle is in a position to "block" the entrance to the driveway. While that might imply that it prevent access to it, it might also be seen as referring to most any obstruction or occlusion of the driveway.

So, you can ask for the post-storage hearing and see if they will admit to a bad tow (doubtful). You can also contest the parking citation using the procedures set forth with the parking authority.