Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2008
    Posts
    100

    Default 48 Hour Notification

    CVC 22852 states that the owner of a vehicle must be notified within 48 hours of the vehicle's impound. What happens if that doesn't get followed?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 48 Hour Notification

    Why wasn't the statute followed, and what was the consequence?

    If the statute was not followed because it was not possible to identify the owner, or otherwise not possible to give notice, see CVC 22853.

  3. #3
    Join Date
    Nov 2008
    Posts
    100

    Default Re: 48 Hour Notification

    Quote Quoting Mr. Knowitall
    View Post
    Why wasn't the statute followed, and what was the consequence?

    If the statute was not followed because it was not possible to identify the owner, or otherwise not possible to give notice, see CVC 22853.
    You are essentially asking the same questions as I am. I have no idea why it wasn't followed. I received the notice after 1 week. The consequence? To me it would be that the cost of getting my vehicle skyrockets. I want to know what sort of consequences they are faced with for not following the statute.

    My vehicle was impounded on 6/24. I didn't receive the notice from the city until 7/2. The envelope was postmarked 6/30. The notice inside the envelope (from the city) states 6/24 as the date of possession and 6/26 as the date notified. How is that possible with a postmark of 6/30?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 48 Hour Notification

    You have access to the facts. We don't. You want us to rattle off 1,000 possible reasons why notice may not have been given, or how it might have been given but not received?

    When a letter, likely a computer generated letter, has a different date than the postmark on the envelope, it typically indicates a delay between when the letter was prepared and when it was mailed.

  5. #5
    Join Date
    Nov 2008
    Posts
    100

    Default Re: 48 Hour Notification

    I just wanted to know if the processing agency or whoever it is that is required to notify you within 48 hours is held to do just that. The vehicle code makes it seem as though if they didn't, then there would be some sort of recourse for the vehicle owner.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 48 Hour Notification

    The statute includes a provision for what is to happen if the officer or property towing the vehicle is not able to provide notice to the owner within 48 hours. It does not outline any penalty for noncompliance.

    But this discussion begs the question, assuming you can establish a basis for a remedy based upon the statute, what were your damages? You knew your car was gone - where did you think it went? If you didn't know it had been lawfully towed, did you report it stolen? What did you find out in response to that report. If you did, what steps did you take to find the vehicle and what did you find out in response to those steps? When did you actually learn what happened to your car and where it was located?

    Beyond that, when did you recover your car from impound? If you did it immediately, you have a better argument over the delay in notification than if you let it continue to sit in impound even after you received the formal notifications.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: 2 Tickets Within a ½ Hour in Two Different Counties
    By RUConfused2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 14
    Last Post: 12-07-2009, 05:37 PM
  2. Speeding Tickets: 12 Hour Traffic School
    By ryguy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-15-2008, 09:09 AM
  3. 11th Hour Subpoena
    By Triad4 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-14-2008, 09:10 AM
  4. Compensation and Overtime: Ten Hour Shifts and Overtime Pay
    By playboyace35 in forum Employment and Labor
    Replies: 13
    Last Post: 09-05-2007, 03:55 AM
  5. Arrested For DUI 1 Hour After Being Home
    By thejdog in forum Drunk and Impaired Driving Charges
    Replies: 3
    Last Post: 08-01-2007, 04:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources