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Can You Recover Towing and Impound Fees Through a Tort Claim After Ticket Dismissal

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  • 10-17-2011, 03:23 PM
    hellosanfranciscan
    Can You Recover Towing and Impound Fees Through a Tort Claim After Ticket Dismissal
    My question involves a traffic citation from the state of: California

    I parked in a tow away zone due to mechanical breakdown. I protested both the parking ticket and the tow. I got a response to my parking ticket was dismissed but not the tow and storage.

    This is what it says in the letter:

    "I find the tow and storage valid. ....vehicle was towed because it was parked in a valid Tow Away zone which was adequately signed within the guidelines of SF Transportation Code... While we can make refunds for tow and storage fees when the MTA makes a mistake in citing and towing by mistake or from a location that lacks adequate signage,... As noted in the companion letter, the dismissal of your citation for parking in this zone due to a mechanical breakdown does not invalidated the towing of your vehicle from that location...."

    My question is if it's possible to get my refund from filing a government tort claim in this case?

    Thank you for your advice.
  • 10-17-2011, 03:48 PM
    cdwjava
    Re: Can You Recover Towing and Impound Fees Through a Tort Claim After Ticket Dismiss
    Assuming the hearing officer was correct, and that your vehicle was towed pursuant to proper signage, ordinances, and state law, then you have no valid claim. The Vehicle Code does not exempt broken down vehicles from impound. In fact, if broken down in a place where it can impede or obstruct the safe movement of traffic, then there are additional authorities that can be used to impound such a vehicle.

    Unless there is some valid argument you can make that the area was not properly signed and posted, or that no such ordinance authorizing an impound exists, I'm afraid you're going to have to eat the costs.
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