My question involves a parking ticket & tow from the state of: California
Over the summer my car was cited and towed for being parked in a (temporary) bus zone on a street in Imperial Beach (San Diego). My niece was driving and she parked in a regular parking spot around 7AM on the day of an annual sandcastle festival. Sometime after she parked the city established a temporary bus zone at that area to accommodate the city bus being re-routed for the event. About 2 hours after she parked the sheriff's dept had it towed per CVC 22651 (n).
(n) Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(v) (1) If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(w) (1) If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
She and I have participated in this festival for years and we are both very aware that many streets and parking spaces become restricted for the event. She made sure, both before parking and after exiting the car, that it was a safe spot. The signs for the temporary bus stop were not up and there were no warning signs indicating that the spot was off-limits/would become a bus zone.
After going thru the process (contesting, an administrative hearing, court appeal) the citation was dismissed in court. I did not get to argue against the citation as the city/sheriff simply didn't send anyone to contest my appeal, despite the court itself serving them with the notice. It's good to have that settled, now I'm turning my attention to the $375 I paid for the tow. I've been looking thru the code but I haven't yet found anything that addresses what recourse I have in this situation: towed from a public street/failure of the city to post warning signs.
Anyone have an idea what code sections I should be looking thru? I didn't find anything in the sections from what I quoted above. Also as to whether already having the citation dismissed gives me any kind of edge? I imagine that arguing about the lack of warning signs could come down to a he-said/she-said type of argument and I'm not sure I like my chances with that.
Over the summer my car was cited and towed for being parked in a (temporary) bus zone on a street in Imperial Beach (San Diego). My niece was driving and she parked in a regular parking spot around 7AM on the day of an annual sandcastle festival. Sometime after she parked the city established a temporary bus zone at that area to accommodate the city bus being re-routed for the event. About 2 hours after she parked the sheriff's dept had it towed per CVC 22651 (n).
Quote:
(n) Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(v) (1) If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(w) (1) If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
After going thru the process (contesting, an administrative hearing, court appeal) the citation was dismissed in court. I did not get to argue against the citation as the city/sheriff simply didn't send anyone to contest my appeal, despite the court itself serving them with the notice. It's good to have that settled, now I'm turning my attention to the $375 I paid for the tow. I've been looking thru the code but I haven't yet found anything that addresses what recourse I have in this situation: towed from a public street/failure of the city to post warning signs.
Anyone have an idea what code sections I should be looking thru? I didn't find anything in the sections from what I quoted above. Also as to whether already having the citation dismissed gives me any kind of edge? I imagine that arguing about the lack of warning signs could come down to a he-said/she-said type of argument and I'm not sure I like my chances with that.
Towing: Parking Citation Dismissed - Now Need to Recoup Towing Fee
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