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Towing Question

Caddywumpus

Caddywumpus

4N631
Joined
Sep 10, 2008
Location
The Grove
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Happy
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o'/<
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AMA#: 2809543
Hello LEOs of BARF.

I left Friday afternoon for a mountain trip. I returned Monday and my whole street had construction signs and my truck was towed. Nearly $400 later I have my truck back, but I thought there had to be written notice of at least 72 hours before people could authorize a tow.

Tow was authorized by local PD.

Not sure what my legal options are other than eat $400.

Any advice is welcome.
 
Caddywumpus said:
my whole street had construction signs and my truck was towed
Click to expand...

Without knowing who the local PD was I am only making a guess that in that jurisdiction they have an ordinance that allows the erection of signs for temporary "No Parking" zones. If they do they generally have a time requirement for posting before the temporary No Parking zone is enforced (e.g. Aliso Viejo has a 24 hour prior to ordinance). My recommendation would be to check the local ordinance governing temporary No Parking zones.

Good luck.
 
Monterey.

I was under the impression that I had at least a 72 hour notice
 
72 hours would be Friday afternoon to Monday afternoon.

If the notice was up at 7 am Friday they could tow me 8
7 am Monday

Per my neighbors they towed me at 10 am. Of signed off on it
 
Caddywumpus said:
72 hours would be Friday afternoon to Monday afternoon.

If the notice was up at 7 am Friday they could tow me 8
7 am Monday

Per my neighbors they towed me at 10 am. Of signed off on it
Click to expand...

Ok. First thing I would do is contact the PD or Public Works and find out when the signage was posted. If the vehicle was towed at 10am, then any answer after 10am on Friday would be insufficient notice and you should not be responsible for storage/release fees.
 
Agree with Nick about finding out when signage was posted. From the City of Monterey Municipal Code:

Sec. 20-27.
Removal of vehicles from streets by Police Department.

Any regularly employed and salaried officer of the Police Department of this City may remove or cause to be removed:

c.Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the removal.
Click to expand...

https://monterey.municipal.codes/Code/20-27

If it was for construction it looks like they have to provide at least 24 hours for compliance after they post the signs.
 
Nick said:
Well there ya go.

24h for construction seems like pretty short notice, IMO.
Click to expand...

I agree, that's short notice. Then again, on the top of my head, I have no idea what my city's equivalent mini code on this is.

Common sense should dictate that they use 72 hours to post a notice for temporary no parking, since that's likely the time specified in their other muni code which regulates normal street parking. This would basically prevent screwijg over those who happen to be out of town when they posted the notice. If they were going to disregard the standing 72 hour code, that's on them. But if they had the code in mind to comlly with, they'd be back in time to see the notice.

Laws and common sense aren't always the same thing.
 
Not a criticism, just my experiences. Monterey tends to be very strict about parking.

My advice is to make a friendly call to your Councilmember. They may help with a partial refund unless you're a habitual offender. I only worked there, but they still waived the ticket fee and they got me a small break on the tow and storage (after I had paid all in full first, of course).

Best of luck!
 
Yeah I don't violate the 72 hours. They used the 24 hour power to tow. Now I can't leave for a weekend without wondering if they are going to tow my damn car because suddenly my street needs more maintenance
 
Most PD have a tow hearing officer. Call and ask to speak with that person. You may be able to get the release fee back. The storage and tow yard is harder but worth a shot.
 
I find it unlikely that you'll get anywhere contacting the police department or the tow company as it sounds like they both followed the rules as required.

My suspicion is that you'll be out the $400, and if you'd like to avoid a repeat you'd need to contact the elected officials for Monterey who have the ability to change the municipal code.
 
And if you have a neighbor you trust, give them a key to the truck.

Shitty situation. Definitely talk with the city about this code.
 
Called for a tow hearing.

Officer referred me to city risk management and to fill out a claim form.
 
24hrs!? That's a pretty short window. Some people don't even come out of their house that often.
 
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