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Is there any difference between a post-storage tow hearing and a post-impound tow hearing?

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What is the name of your state?
Ca.
Any difference between them besides the fact that I am entitled to a post- storage hearing according to CVC. I attended a post-impound hearing instead of a post-storage tow hearing, as indicated on the decision letter given to me by the tow hearing officer, wouldn't that be a denial of due process ?
 


quincy

Senior Member
Are your questions asked here connected to your other thread? If so, please add them to your other thread and this will be deleted.

Thanks.
 

CdwJava

Senior Member
What is the name of your state?
Ca.
Any difference between them besides the fact that I am entitled to a post- storage hearing according to CVC. I attended a post-impound hearing instead of a post-storage tow hearing, as indicated on the decision letter given to me by the tow hearing officer, wouldn't that be a denial of due process ?
You can call it what you want, but the post-storage hearing is governed by VC 22852. What you or the hearing officer calls it is irrelevant since the governing section (of Division 11, Chapter 10, Article 2 is referred to as "Vehicle Disposition" referencing CVCs 22850-22856) has no specific title. But, it does refer to the hearing as a "poststorage hearing" in the text of VC 22852. Calling it a "post-impound hearing" doesn't change what it was about.
 
You can call it what you want, but the post-storage hearing is governed by VC 22852. What you or the hearing officer calls it is irrelevant since the governing section (of Division 11, Chapter 10, Article 2 is referred to as "Vehicle Disposition" referencing CVCs 22850-22856) has no specific title. But, it does refer to the hearing as a "poststorage hearing" in the text of VC 22852. Calling it a "post-impound hearing" doesn't change what it was about.
I couldn't find any information about the tow hearing officers duties or my rights and protections in CVC, it only has info about when a hearing can be held. Can the tow hearing officer make up his own rules for hearings? He must have rules that he is required to follow, and I doubt these rules say that I would I only be allowed to see the evidence that is used against me if I appeal the decision and not during the hearing. How is that not a violation of my right to a fair hearing? Is a post storage tow hearing usually a formal or informal hearing?
I hope I'm not coming across as being argumentative, that is not my intention. I really do appreciate you taking the time to answer my questions.
 

CdwJava

Senior Member
The hearing is an informal process without specific rules akin to the rules of court. Ergo, no specific rules of evidence or similar guidelines. The appeal to such a hearing would be through the agency’s chain of command, or, via a civil suit (generall, Small Claims).
 
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