Should I protest?

[Riv]

What is the name of your state? CA

my car was towed in the residential area last week and I was cited by the DPT for the reason of Driveway Complaint (under code 22500E) while the description remain "U/A" and "N/A". I recall I didn't block anyone's driveway as each time I would check it before I leave (in that morning as well). besides, the place I parked has enough space to fit my car in so I truly deem this is unjust.

and then shortly after I paid for the towing price (about $220), I realized a couple damages have been made to my car and the exhaust was bended, not to mention there's another parking violation ticket sitting on my windshield ($75). It was totally a nightmare.

in my case, I realize I only got two cents to fight as my car had already towed away by the time I found out the incident and I had no evidence to prove my right. but I do question for two things:

1. is it possible for me to file a protest for the wrong towing with my two cents?

2. who should responsible for the damages of my car? (boy it's gonna take more than a thousand dollars to fix my car... )

I would really appreciate if any of you can give me some insight in my case. Thanks

[CdwJava]

Originally Posted by Riv

besides, the place I parked has enough space to fit my car in so I truly deem this is unjust.

"Enough space" isn't the issue ... blocking the driveway in whole or in part is sufficient to warrant the cite and a tow.

1. is it possible for me to file a protest for the wrong towing with my two cents?

Who authorized the tow? If it was the city, what was the authority section they used?

You can protest anything you want. But if you were in front of any portion of the driveway you will lose. If you want to protest the impound and make a claim for compensation, contact the agency that authorized the tow.

FYI, there IS authority in the Vehicle Code that gives the city (police, parking enforcement, etc,) the lawful authority to tow a vehicle parked in front of a driveway obstructing it to any degree.

CVC 22651(d) When any 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.

2. who should responsible for the damages of my car? (boy it's gonna take more than a thousand dollars to fix my car... )

Probably the tow company ... unless the pre-impound check indicated the damage in which case a successful claim against the tow company will be tough. In any event, this will likely be between your insurance company and the tow company anyway, so it's not a fight you will have to engage in.


- Carl

[Riv]

I truly appreciate for your post and helpfulness, Carl.

Originally Posted by CdwJava

Who authorized the tow? If it was the city, what was the authority section they used?

it was the DPT department (according to the receipt from the tow company). and on that receipt, it was towed for the reason: 500/500E; description: Blocking driveway. I don't know what the authority section they used when determining whether my car should be towed as I couldn't find it on both the citation ticket and the receipt I got when releasing my car, only the section, code VC 22500E was stated on the citation ticket charging for another $75.

Originally Posted by CdwJava

You can protest anything you want. But if you were in front of any portion of the driveway you will lose. If you want to protest the impound and make a claim for compensation, contact the agency that authorized the tow. "Enough space" isn't the issue ... blocking the driveway in whole or in part is sufficient to warrant the cite and a tow.

you're right, and that's why I said I only have two cents (or even less than that)... I was very conscious that morning, very relax, parked my car, picked up my jacket in the back-truck (that's how I got to know the car was parked probably) before I walked back to my office. it happened just five minutes after I left my car. They towed it before I got back so it made it extremely hard to prove my innocent. and it was towed so they could say anything they want, isn't it?!


[quote]

Originally Posted by CdwJava

FYI, there IS authority in the Vehicle Code that gives the city (police, parking enforcement, etc,) the lawful authority to tow a vehicle parked in front of a driveway obstructing it to any degree.
CVC 22651(d) When any 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.

I understand. but again, I recall I didn't block other's driveway. (saying so with my weaken voice...)


[quote]

Originally Posted by CdwJava

Probably the tow company ... unless the pre-impound check indicated the damage in which case a successful claim against the tow company will be tough. In any event, this will likely be between your insurance company and the tow company anyway, so it's not a fight you will have to engage in.

no, the damage was not there before they towed the car. I swear! but really thanks for sharing your information with me. maybe I should get in touch with my insurance agent beforehand. yes? -Riv

[CdwJava]

If it was towed by a law enforcement agency (not sure who the DPT is) or other city agency, they likely used a form known as a "CHP 180" for the impound. You shoul dbe able to get a copy of this form from the tow company or the agency that towed the car. In fact, they are required by law to provide the registered owner as well as the legal owner notice of the tow. If it hasn't been mailed to you, then they need to provide it to you in person.

Ask for a copy of that form. It should state on there the "authority" for the tow. That will almost always be a vehicle code section.

If there IS NO CHP-180 or equivalent document, you MIGHT have an unlawful tow. Certainly if the DPT had it towed they have a record of it, or the tow company does.

- Carl

[Riv]

Originally Posted by CdwJava

If it was towed by a law enforcement agency (not sure who the DPT is) or other city agency, they likely used a form known as a "CHP 180" for the impound. You shoul dbe able to get a copy of this form from the tow company or the agency that towed the car. In fact, they are required by law to provide the registered owner as well as the legal owner notice of the tow. If it hasn't been mailed to you, then they need to provide it to you in person.

Ask for a copy of that form. It should state on there the "authority" for the tow. That will almost always be a vehicle code section.

If there IS NO CHP-180 or equivalent document, you MIGHT have an unlawful tow. Certainly if the DPT had it towed they have a record of it, or the tow company does.

- Carl

wow! thanks for that quick reply! you're super, Carl!

DPT stands for Department of Parking & Traffic. so yes, a law enforcement agency. I have never received any extra paper such as the CHP-180 form other than the citation ticket and the receipt from the tow company. more, no such thing has ever been sent to me by mail as it's been two weeks already since they towed my car.

p.s. I just called the tow company and they claimed they don't have such form or record. their reply is that "we only do the towing part." there would be another round of works before the due date for me to file a protest if I've decided to. sigh...

[CdwJava]

Originally Posted by Riv

p.s. I just called the tow company and they claimed they don't have such form or record. their reply is that "we only do the towing part." there would be another round of works before the due date for me to file a protest if I've decided to. sigh...

That is VERY odd.

Can they provide you with the name and ID number of the officer authorizing the tow? How about the AUTHORITY to tow the vehicle?

There are many cases in CA of "pirate tow" outfits making tows without the legal authority to do so and this just might be one of them.

I would also call the DPT on Monday morning and get details from them. If they don't know anything, tell them about this tow. In places like Los Angeles (and I believe, Santa Barbara) they have been bringing criminal charges against these outfits.

- Carl

[Riv]

Originally Posted by CdwJava

That is VERY odd.

Can they provide you with the name and ID number of the officer authorizing the tow? How about the AUTHORITY to tow the vehicle?

There are many cases in CA of "pirate tow" outfits making tows without the legal authority to do so and this just might be one of them.

I would also call the DPT on Monday morning and get details from them. If they don't know anything, tell them about this tow. In places like Los Angeles (and I believe, Santa Barbara) they have been bringing criminal charges against these outfits.

- Carl

no, nothing the towing company can provide me at this point, as they said. they also asked me to go back to the DPT department to gather further information. I assume the person who authorized the tow would be the same person who gave me the citation. but on the citation I can only see the signature and the badge number 143. the DPT seems to have a direct account links to this tow company (boy they got excellent business relationship). but who issued/authorized the practice remain unknown on the paper I've gotten so far.