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?
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?
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?
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.
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.
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.