Last monday my car was towed by the city police. She placed a call stating that I parked blocking her driveway. The thing is its not her drive way. She parks in the drive way next door which is vacant. Now my car was towed and I don't think I'm at fault because it wasn't her driveway. I believe she mad a faulse accusation. What right do I have and will I be responsible for the cost?
2006-11-21 03:47:45 · 13 answers · asked by michael b 1 in Politics & Government ➔ Law Enforcement & Police
You will be responsible for the cost of the tow. Legally, at least in California, you can not park in a manner that blocks a driveway. It does not matter whose driveway you block or if anyone calls in about your car. A police officer who is just driving around and finds a car blocking a driveway can tow it with or without a complainant.
CVC 22651(d) gives a California peace officer the authority to tow a vehicle blocking a private driveway. Here's the text to that section:
22651. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under any of the following
circumstances:
(a) When any vehicle is left unattended upon any bridge, viaduct,
or causeway or in any tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When any vehicle is parked or left standing upon a highway in
a position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When any vehicle is found upon a highway or any public lands
and a report has previously been made that the vehicle has been
stolen or a complaint has been filed and a warrant thereon issued
charging that the vehicle has been embezzled.
(d) When any vehicle is illegally parked so as to block the
entrance to a private driveway and it is impractical to move the
vehicle from in front of the driveway to another point on the
highway.
2006-11-22 19:18:11 · answer #1 · answered by James P 4 · 0⤊ 0⤋
The police wouldn't have towed the car if it weren't parked illegally. You cannot block a driveway or an alley. One would think the police would have asked you about it prior to towing, since you live right there.
2006-11-21 05:00:48 · answer #2 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Pay the fine and dont park there anymore. Sorry but your hands are tied at this point. It doesn't have to be her driveway. You cant park in front of any driveway. They can tow you for parking in front of your own driveway as this is usually a city ordinance.
2006-11-21 03:51:53 · answer #3 · answered by bildymooner 6 · 0⤊ 0⤋
the law is that u do not block a driveway and it doesn't matter who placed the call and who owns the driveway. its a vacant house its still don't matter. sorry bud, u r responsible for the cost. next time do not block a driveway, no excuses. that woman was a B**** though, she should of just knocked on your door and asked u to move your car so she can move.
2006-11-21 03:51:28 · answer #4 · answered by Miki 6 · 2⤊ 0⤋
Unfortunately you're out of gas on this one. Your car was towed because it was blocking a driveway. It is of no legal significance who reported the violation, or whose driveway was being blocked.
You will be responsible to defray any costs relative to this incident, and failure to do so could cost you your car.
2006-11-21 03:59:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have no legal recourse as it is illegal to block a driveway period. If the polics had driven by, they may have had you towed on sight as well. It was malicious of her..but not illegal, and certainly it wont help you during litigation. You will be responsible for the fines. Sucks but its true.
2006-11-21 04:14:37 · answer #6 · answered by Turc 1 · 0⤊ 0⤋
In most States, BLOCKING A DRIVEWAY is illegal.
Even blocking your own driveway is illegal.
Whoever called the police is of no matter.
Pay the fine and be done with it.
2006-11-21 03:57:35 · answer #7 · answered by Len_NJ 3 · 0⤊ 0⤋
Do they share the driveway? If so, she would have all the legal right to make the call. I think your SOL. Legal or not, if your parked where your not suposto be, your liable to be ticketed, towed or both.
I'm sure you'll figure a way to get back at her. I don't condone violence however if need be, flatten her tires. It's not damaging since your not poking holes in them.
good luck.
2006-11-21 03:57:01 · answer #8 · answered by Bob 5 · 0⤊ 0⤋
It would probably be best to have an attorney write her a letter and ask for the cost of getting the car out of the tow lot. She won't pay it, but she may pay half. If you get a ticket from the police, have an attorney go to court on your behalf to explain your side of the story, they may drop it. However, the attorney fees may be more than the ticket and tow lot are. But, I would do it anyway, for the principle of it all. You'll probably pay an attorney less than $500.00, and you may get out of your ticket and the neighbor may end up paying part of the tow fee.
2006-11-21 03:53:20 · answer #9 · answered by Local Celebrity 4 · 0⤊ 1⤋
Blocking a driveway, whether it is hers or anyones, is illegal and you are subject to towing. Pay the fine and move on.
2006-11-21 03:50:04 · answer #10 · answered by parental unit 7 · 5⤊ 0⤋