unlawful towing! please help me (cali)

[jkypes]

so I simply mail in my request for trial by written declaration, along with my $65 for the ticket. I write down the stated law above, and how that law was not followed. I ask for all my money back. Is this correct? I had heard that in order for my case to even be heard, I had to first pay the ticket.

 

[fairisfair]

thanks Carl. Is there a specific form i have to fill out to mail to them about there error? Do i still have to mail in the money for the ticket even though this was illegitimate? I like that idea of contacting the media, but honestly don't have a clue how to do that. I just moved out here a few weeks ago.

Every TV Station has a consumer rights advocate.

Here is one

http://cbs2.com/consumer

I would contact them all, just go to each station's home page, there should be a link to their consumer investigative reporter.

 

[CdwJava]

so I simply mail in my request for trial by written declaration, along with my $65 for the ticket. I write down the stated law above, and how that law was not followed. I ask for all my money back. Is this correct? I had heard that in order for my case to even be heard, I had to first pay the ticket.

You would likely have to pay the fine first, but I would request a hearing in person. At the hearing, present your information.

- Carl

 

[jkypes]

well I contested the ticket, and am going to go down to the court office tomorrow to contest the tow. ( I think there is a diferent word for it). Anything I should know, or should be sure to put in my statements? One thing that made me annoyed is that I HAVE to show up in person. I hope its not too big of an issue, and doesn't take too long, I have to work!

 

[CdwJava]

Why are you going to the court office about the tow? This should not be a court matter, yet. Parking cites are first heard by the local city or county government entity responsible for them, and tows are not an issue for the court unless you sue someone.

- Carl

 

[jkypes]

when i spoke with the lady at the parking office, ( the number on my ticket), she said she put the ticket under investigation. Remembering what you said, I asked if I should wait until the ticket was cleared before going about getting my towing money back. She said the towing was a separate matter, and that I should contest it now.

 

[CdwJava]

That's fine. But, to contest the tow you should probably start with the agency that towed it. The court will have no record or jurisdiction over it until it becomes part of a lawsuit or a criminal case. Of course, your case regarding the tow will be strengthened by a win with the parking cite.

I would recommend contacting the agency that authorized the towing of the car and ask for a hearing there. If it was law enforcement that towed it, check with that agency. You ought to be able to get a hearing with a supervisor on the matter.

- Carl

 

[jkypes]

I believe it was the parking enforcement that towed it. Thats who I got the ticket from, and the impound lot was a police lot. The towing company said they couldn't even tow it without the officer there. So I would assume that I am heading in to the right agency courthouse to challenge this.

One question, is this court hearing going to cost me anything? The amount of time alone this is going to take is making it less worth it, but I can't stand letting people get away with something that isn't right.

 

[CdwJava]

Again, I ask, why the courthouse?

The court will have NO record of the tow. The court is not involved with a tow. Unless you go to court as part of a lawsuit or an appeal of the administrative hearing on the parking matter, the court will not be involved.

If the impound was authorized by the police department, start there. If it was authorized by the parking enforcement agency, talk to them. The authorizing agency will be listed on the CHP 180 form used for the tow. The tow company will have a copy of this document.

- Carl

 

[jkypes]

yeah sorry Carl i think it was just bad wording. its not the courthouse, its the parking enforcement department that i am going into to dispute it.

Is that what you are getting at?

thanks,
Jason

 

[CdwJava]

yeah sorry Carl i think it was just bad wording. its not the courthouse, its the parking enforcement department that i am going into to dispute it.

Is that what you are getting at?

thanks,
Jason

Yes.

Remember, words mean something ... if you say "court" people you are speaking to on this matter are going to think "court". You need to be careful in the terms you use.

- carl