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  1. #1

    Default Handicapped Parking Enforcement by Private Tow Operator

    My question involves parking enforcement in the state of Maryland, Prince George's County
    In P.G. County, where handicapped enforcement is by ticket, the car owner may have it
    adjudicated at a parking hearing. At a shopping center where my wife forgot to display
    her placard, her car was towed by a private tow operator instead, so she had to pay the
    towing fee to retrieve it from impound and there was no parking hearing. The only hearing
    available to her was for the tow operator -- to determine the legality of his towing, in which,
    of course, the ruling was in his favor. So...enforcement of handicapped parking
    law can become a civil matter? Am I missing something, or isn't this denial of due process?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Handicapped Parking Enforcement by Private Tow Operator

    Sorry. There's no due process that you are required to be afforded here. Your car was towed because you didn't comply with the private property owner's rules. The only requirement is that the lot be posted and the parking restriction be clearly marked (handicapped signs, red and yellow curbs all qualify).

    You broke the rules.

    The "due process" law only applies to the GOVERNMENT taking your property or liberty.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Handicapped Parking Enforcement by Private Tow Operator

    this is just the first MD county I came across. The laws should be the same statewide:

    http://www6.montgomerycountymd.gov/o...cp/a_z/tow.asp

    Why was my car towed?


    There are multiple reasons why your car may be towed from private property:

    Handicap Permit – If your handicap permit is expired, not visible, or not displayed properly, and you have parked in a handicap space, you may be towed. You may also be towed if you are parked in a clearly marked fire lane.

    Do the parking lots have to have signs? What do the signs need to say?
    Signs must be posted so that at least one sign is clearly readable from each parking area in the lot, and also at each vehicle entrance to the property. The signs must summarize ALL parking restrictions, indicate that violating vehicles may be towed at the owner’s expense, and must list the telephone number that is answered all hours of the day and night by someone who can tell you where your car was taken and how to redeem it.
    So, if there was adequate signage, you can be towed by a private entity.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Handicapped Parking Enforcement by Private Tow Operator

    Quote Quoting Charles Packer
    View Post
    My question involves parking enforcement in the state of Maryland, Prince George's County
    In P.G. County, where handicapped enforcement is by ticket, the car owner may have it
    adjudicated at a parking hearing. At a shopping center where my wife forgot to display
    her placard, her car was towed by a private tow operator instead, so she had to pay the
    towing fee to retrieve it from impound and there was no parking hearing. The only hearing
    available to her was for the tow operator -- to determine the legality of his towing, in which,
    of course, the ruling was in his favor. So...enforcement of handicapped parking
    law can become a civil matter? Am I missing something, or isn't this denial of due process?
    Most parking matters up to and including handicapped parking citations have always been considered civil matters in most jurisdictions.

    And according to what I found (linked below) you do have the right to request an administrative hearing to establish whether there was probable cause to tow/impound the vehicle.

    This is the main page where you will find all the following County ordinances for Prince George's County

    Sec. 26-127.03. Reserved parking for the handicapped.
    (a) No person shall stand or park a vehicle in any parking space on public or private property which is designated as parking reserved for the physically handicapped with the proper signs posted in conformance with the most recent edition of the State of Maryland Manual on Uniform Traffic Control Devices for Streets and Highways, unless said vehicle displays a special handicapped registration plate or permit issued by the State.
    (b) No person shall duplicate or falsify a special handicapped registration plate or permit issued by the State.
    (c) Any person issued a citation for a violation of this Section shall be subject to a fine of Two Hundred and Fifty Dollars ($250.00) for each violation.
    (d) The provisions of Section 26-163.01 shall not be subject to the penalty imposed under this Section.
    (CB-51-1978; CB-111-1979; CB-72-1981; CB-120-1982; CB-21-1988; CB-59-1988; CB-39-2011)

    They could cite you, or you have the following section authorizing the police to remove (tow and impound) the vehicle:

    Sec. 26-160. Removal and impounding of unattended vehicles.
    If any motor vehicle is left unattended upon any public road, highway, alley, or parking lot within the County in violation of any law, ordinance, or order regarding the parking of motor vehicles, or if any motor vehicle is left unattended upon any road, highway, alley, or parking lot within the County for an unreasonable length of time so as to impede the movement of traffic or constitute a threat to public safety, the County Police Department shall have authority to impound and remove such motor vehicle pursuant to Division 18 of this Subtitle.
    (CB-51-1978; CB-124-1982)


    Then all the other sections will follow:

    Sec. 26-166. Impoundment without prior notice.

    Sec. 26-168. Impoundment; notice to owner.

    Sec. 26-169. Same; hearings.

    Sec. 26-170. Same; decision of the hearing officer.

    Affording you the right to a hearing does not necessarily mean you are given a free pass. She parked without the required tag being displayed. She could have either been cited and hasd to pay a huge fine, or the vehicle would have been towed (as it was here) and you'd owe the towing and storage!

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Handicapped Parking Enforcement by Private Tow Operator

    Quote Quoting That Guy
    View Post
    Most parking matters up to and including handicapped parking citations have always been considered civil matters in most jurisdictions.

    And according to what I found (linked below) you do have the right to request an administrative hearing to establish whether there was probabl!

    maybe I missed it but it I didn't see anything in there about when a private tow company acts on behalf of a private entity (the mall).

    all I saw was this:

    the County Police Department shall have authority to impound and remove such motor vehicle pursuant to Division 18 of this Subtitle.


  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Handicapped Parking Enforcement by Private Tow Operator

    its a purely civil matter .. small claims may be available ... they'll claim they have signs posted. Show up with proof they don't. The longer you wait to gather that evidence, the worse shape you'll be in.

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