Car Towed and Ticketed for Road Construction with No Advanced Warning

[David4man]

My question involves towing laws for the State of Florida.
I live in South Beach and have paid to park in Zone 1. Last night I parked where I always park, only this morning my car was gone and they were repaving the street. There were no clearly marked signs or flyers or notices placed on cars. Nothing that I noticed. Besides the city has record of all the people parked in this zone along with our emails so they could have informed us easilty of the road work schedule. The towing fees were $206 dollars and they gave me a ticket for $46 dollars for parking in a zone where I have paid for a permit!
Is there any regulation or recourse for the actions of the Miami Beach Parking Authority? Are there state requirments for advanced notice on moving cars such as flyers or stickers on cars?
Thanks for your advice!

[Mr. Knowitall]

Presumably you aren't the only homeowner affected by this situation - what have the other affected homeowners done, and have they had any amount of success?

To be clear, we're talking about the City of Miami Beach? There's a second "South Beach" that is a "Census Designated Place" in Florida.

[Tow me noT]

My question involves towing laws for the State of Florida.
I live in South Beach and have paid to park in Zone 1. Last night I parked where I always park, only this morning my car was gone and they were repaving the street. There were no clearly marked signs or flyers or notices placed on cars. Nothing that I noticed. Besides the city has record of all the people parked in this zone along with our emails so they could have informed us easilty of the road work schedule. The towing fees were $206 dollars and they gave me a ticket for $46 dollars for parking in a zone where I have paid for a permit!
Is there any regulation or recourse for the actions of the Miami Beach Parking Authority? Are there state requirments for advanced notice on moving cars such as flyers or stickers on cars?
Thanks for your advice!

I recently had my vehicle impounded in a rather complex and well planned scam, which I fought and won but there are a few things that happened which may be of interest to anyone who had their car impounded for TEMPORARY NO PARKING SIGNAGE. First, make sure the ticket (violation) matches the EXACT SIGN at the location you parked. In my case, the sign said NO PARKING ANYTIME SUNDAY, but the Officer wrote NO PARKING SUNDAY 6am - Midnight.

That discrepancy was what won my case, but it actually was part of an elaborate damage control plan between Dept of Transportation, Parking Violations Bureau and the Tow Company (which happened in Hollywood, Calif). The facts I brought to the hearing were based on the signs not being securely posted in place 24 hours (which is still not enough) in advance of enforcement (CA VC 22651 (m). So, to begin a Anytime Sunday Temporary No Parking Restriction, signs must be IN PLACE by Saturday at 12:01 am.

In my case, me and two associates parked at 2:15 am and carefully looked for parking restriction signs (due to a parade in the morning which I knew about), there were none. Upon return (10:45 am - 7.5 hrs later), my car had been taken without my consent, without probable cause and in violation of the vehicle code 22651 (m) plus cited an $85 parking ticket. At the location I parked, there was the largest no parking sign I ever saw at the exact location placed at eye level, in an almost taunting manner, this sign was not there when we parked.

The outrage I felt was only softened by the fact that my two witness included a CBS NEWS PRODUCER and A College professor.

After going home on the bus, missing a $200 shift at work and unable to pay the $256.00 impound fee until Monday (next day), I paid $298.20 to Hollywood Tow and started the process to get a hearing. For six days plus two missed (out of ten days before you lose right to hearing) the phone rang and rang and rand (no answer). Then I was getting thru but getting hung up on.... Finally some guy answered "hello"? I asked if this was the hearing number, he said "hold on". I waited on hold for 8 minutes, he came back and was totally inept as he asked my name. license number and date, putting me on hold three more times, for a total of eighteen (18) minutes and eleven (11) seconds 18.11 to answer three questions. NOBODY REASONABLE WOULD EVER HAVE WAITED AND PUT UP WITH THIS.

So I went to the hearing, of course no parking anywhere close, so I end up paying $12.75 to park at city hall location. My witness had parked over 14 blocks away, saying that was the closest he could find, on a day there were weather flood warning.
We arrive and are separated by staff, thoroughly searched and told not to talk to each other. The hearing decision is sent by mail. and I won, exactly $298.20 (the cost of the tow only) which took 45 days to arrive putting over 70 days wait time between impound and refund. I want damages now.

However, in the decision, no mention was made about the 24 hour rule being violated, instead the parking ticket time discrepancy was noted and used as basis for refund. According to the dispatch at the tow company, "hundreds and hundreds" of vehicles were seized that morning, illegally, without probable cause, in violation of 4th Amendment, Felony GTA, Burglar tools, Extortion, Stolen property (receiving), Title Fraud (forgery), RICO and prohibitions against actions that affect interstate commerce defined in (un) PATRIOT ACT as Terrorism.

The division between DOT, PVB and Tow Co makes it hard to finger the perp, which I believe to be staff assigned to posting signs, as PVB was only following orders based on limited information as were the tow co, but look at City of Bell, for a closer reality of whats going on.... Thx