Car illegally towed/impounded and ticketed by police?
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Car illegally towed/impounded and ticketed by police?
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The following situation happened to me last week and I would like to know what my options are:
I had spring break all of last week and flew out of town to Chicago for most of the week- the rest of the week I was home with family, and not at my off-campus house. On Monday, before my trip, I took my parents' car and stopped by my college house to pick up some last minute items when I noticed legal notices on my car (which I planned on leaving at my college house during break) and house saying there would be test-drilling for something in the driveway on Wednesday, and all vehicles had to be out of the driveway or they would be towed.
I moved the car to the street right in front of my house, maybe 10 feet from the driveway. I had all necessary city parking permits and obeyed all posted parking rules. I then left and went away to enjoy my spring break, like 99% of the surrounding area.
I then returned to the house the following Sunday and my car was gone. After repeated calls to the police (who were extremely unhelpful and gave lots of wrong information), I finally discovered that my car had been towed to a local impound lot and that it got ticketed for a parking violation. After spending $197 and most of my day getting my car released, I saw the parking violation ticket for $37, dated Wednesday morning, 8:45am. The towing paperwork said my car was towed shortly after this. I asked my neighbors what happened while I was away, and they said that on Tuesday or Wednesday the police put up temporary "No Parking" signs for Wednesday, from 7am-5pm for the construction, in front of my house and in front of both neighbors houses.
I called the local police department and parking enforcement department only to be told that if I fought and won the case, I could not get my $197 back, since it wasn't towed by the police, rather the police called a towing company to take care of it. They also said I probably wouldn't win to begin with, and wouldn't even get my $37 back.
What are my options? Is this legal? There was not enough advance warning of this temporary no-parking signage, and the legal letter I recieved said I would be towed if I was in the drieway. Additionally, this was during spring break, when everyone in my area, just off campus, goes away or goes home.
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Rock Firestorm
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first off they do put warnings up they're going to be closing off certain sections of the street. You didn't pay attention. And then you were out when they started the work and put the signs up, it's not their fault you weren't paying attention. You will lose if yuou try and fight it plus have court costs on top. Chalk it up as a lesson learned. |
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RemembertheUtah
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They are allowed to put up temporary no parking signs for construction or other work. They most likely put the signs up on Tuesday thus giving you 24 hours notice.
Also if you check, there probably is on the books a city ordinance about long term parking on the street saying that you can not leave a care more than 24 to 48 hours.
They always rig things for their benefit so if you fight it you will probably spend a lot of your time doing it. How much is your time worth? Mine is worth a lot and I would just chalk it up to the cost of going on Spring break. |
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CAT^
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You can ask for a court date and explain to the judge. You may have the parking citation fee waived. But the tow company, that's another story. The police aren't responsible for monitoring your car, or vacation. If it was necessary to tow your car due to construction, it's not an illegal tow. Your vehicle was in the way of the project. |
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huscafat
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If the judge understand the case and the police called the towing company on your car, you cant lose the case, but what evidence you show the judge other than verbal?
The towing company is likely has got its money and if you paid within 30 days of your lawsuit, you may get back that.
If you are a respected known pof of your college you may win the case.
Consequence: if you are a traveling kind, renting a car is less trouble than owning it. |
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