Vehicle Towed for Expired Registration but Registration Valid

**jasmyna** · 01-29-2009, 10:27 AM

My question involves vehicle registration or title in the state of: California

On 1/22/08 my car was towed by the DOT of Los Angeles because of Expired Registration although it had a valid 2009 tag, and according to my Registration card my cars registration was valid from 1/22/08-1/22/09. In other words my car was improperly towed and I had to shell out more than 460.00 to get it out, and waste valuable time getting it released. I asked the DOT about reimbursing me for the amount since it was erroneous, they said that since they ran my tags and it came back from the DMV that my tags were expired they were not going to give my money back since they were in the right to tow my vehicle. They indicated that I needed to address this with the DMV and let them decide whether they were to reimburse me for my expenses.

I called the DMV today who indicated that since I had renewed my registration at a AAA office rather than the DMV office than they were most likely not liable even if I was given valid stickers and an official DMV registration card for the AAA office. Somehow AAA made an error in reporting and this voided my registration (of course without me knowing).
I requested a TORT form which will be mailed to me and will fight to get what I have spent. But what are my rights and what are your personal thoughts on if I will get this money back from the State of California?

Thanks,

M

**Mr. Knowitall** · 01-31-2009, 06:53 PM

I don't think you're going to get a penny back from the state. Their computers reflected that your registration was not valid. Google "governmental immunity".

If you wait until the last second to renew your registration, it's best to do so with the DMV not through a third party.

What's the back story here, by the way? Was the car illegally parked? I wouldn't ordinarily expect them to run the plate of a parked car.

**jasmyna** · 02-02-2009, 08:19 AM

Hi,

Thanks for your reply. My car was parked in front of a neighbor house. It was there for 2 days and I guess they called and the parking enforcement ran my plates.
If I dont end up getting my money back it would be so unfair.

Thanks again,

M

**matt4200** · 01-08-2013, 01:34 AM

I googled it and it said, "The Federal Tort Claims Act and state waivers have negated this rule." Referring to governmental immunity.

And the rule in the first place basically says (correct me if I'm wrong) that you cannot sue the individual government employee.

But I'm sure if his registration was valid on that date it would've considered a unlawful tow and the issuing agency would need to rescind it and reimburse any costs associated with it.

The American convention on Human Rights Article 21 states:

"No one shall be deprived of his property except upon payment of just compensation."

**free9man** · 01-08-2013, 04:13 AM

This thread is more than 3 years old Matt...don't necropost.

**flyingron** · 01-08-2013, 04:16 AM

That's nice. But you're wrong and you're two years late in offering a response.
The FTCA has no bearing on a local police act.

The American Convention on Human Rights isn't law. However that text quoted predates the article by almost 200 years. It comes straight from the Fifth (and fourteenth) amendments to the US Constitution which is law. By the way, it's not original to the Constitution
either. It was lifted from the Magna Carta.

And there was due process here. Temporary impoundment isn't depriving you of property and there is due process to protest improper siezure..

**matt4200** · 01-08-2013, 11:05 AM

It wouldn't have been temporary if he didn't have the money at the time to pay.

And it was on the thing that said recent posts so I clicked it lol I don't look at dates.