Understanding Vehicle Impoundment Rights

Summary

In California, law enforcement is required to inform you about your right to a post-storage hearing after impounding your car. You have 10 days from the date of notice to request this hearing. The hearing location is usually at the local police department. A written request for a post-storage hearing must be made within 10 days of receiving the notice. The date on the notice is what counts for the 10-day period. It doesnt necessarily have to specifically state hearing, as long as its clear youre disputing the impoundment.

Full Conversation

Is it required for the police to inform me about my right to a hearing after they impound my car
In California, law enforcement is required to inform you about your right to a post-storage hearing after impounding your car. Did they provide you with this information?
I had to ask if I could dispute and he laughed and said oh ya. A tow hearing but didn't explain that I only had 10 days. Or anything about it. Also I went in person to try to talk to a supervisor who said nothing about it
Did you receive any written notice about the impoundment and your rights?

In California:
- Law enforcement must provide written notice of your right to a post-storage hearing.
- You have 10 days from the date of notice to request this hearing.
Yes. I received the impound notice 4 days after the notice date. I didn't read the back of it until yesterday .
What was the date of the impound notice and when did you request for the hearing?

In California:
- The hearing must be requested within 10 days from the date of the notice.
- The hearing location is usually at the local police department.
Ok but I took a letter in to the police department asking for a supervisor to review the facts. I didn't know to use the words impound hearing . I asked if I could leave the letter with him as proof but he told me to take it with me. That was the day after. The impound was on Sept 14th and I went to the police station on Sept 15th
Did you make any written request for a hearing within the *-day period after receiving the impound notice?

In California:
- A written request for a post-storage hearing must be made within 10 days of receiving the notice.
Do you mean the date on the notice or the postage date?
The date on the notice is what counts for the *-day period in California. Did you make a written request within 10 days of that date?
Well yes but I didn't use the word hearing because
What date did you submit your written request? In California, it doesn't necessarily have to specifically state "hearing", as long as it's clear you're disputing the impoundment.
Sept 15th. But like I said, the supervisor told me to take the written statement with me and not leave it
What was the content of your written statement? It's important to know if it clearly indicated your intention to dispute the impoundment.
Should I send it to you?
Yes, please. It would be helpful to understand the content of your written statement.
If I switch over to where I have it in my phone am I going to lose this conversation?
No, you won't lose this conversation. It will remain here for you to refer back to.
Ok I'm still working on it I have it on my cell phone and this is my tablet so I'm trying to figure out how to transfer it over
What is the exact content of the written statement you submitted to the police department? This will help us understand if your intention to dispute the impoundment was clear.
It's going to take me a few minutes to gather it up cuz it's in my phone and not my tablet I'll be back in a few unless I can just take a picture of it and send it to you would that work
I'm trying to take a picture of the document that I took to the police department give me a few minutes
Sure, take your time. We'll be here to assist you once you're ready.
Can I email it to you?
I'm sorry for the confusion, but as a text-based service, we're unable to receive emails. Could you please type out the content of your written statement?
Ok
What is the content of the written statement you submitted to the police department?
I'm getting it. Hold on please
Sure, take your time. We're here to assist you when you're ready.
My * Honda Accord was towed from in front of my house. When I called to report the car stolen a I was told that it was impounded because of registration. Receptionist at the police department said it was a rotating impound program that they have for unregistered vehicles.When I first spoke to deputy Tormey he said that the information he was receiving from the DMV stated that nothing had been paid on the car since * or for over 2 years and I told him that my car was impounded just in December of last year * and I had to pay all the fees up to date in order to get my car out of impound plus the release from this sheriff's department the insurance the registration and the impound yard and towing fee came to $*,*. But I couldn't get my sticker because I didn't have a smog certificate.  He told me the problem was that the DMV hadn't updated the records for the police department to receive. I called the DMV and spoke to Brady he told me that the screen that he's looking at is the same one the police department is looking at which clearly stated I had already paid everything I needed to pay I was only 2 months out.    The only reason for that is because I wasn't sure if I'm going to keep the car because I can't get it smogged. Either way I feel like my car was taken by mistake that I can't afford to pay for. Since getting it out of impound in * I've had to replace the engine but the check engine light was still on ,the alternator but the check engine light was still on, battery, oxygen sensor and now I'm having trouble with the transmission.  As you know a smog company will not test your car if the check engine light is on.  So my problem has been being paying for all the repairs and not being able to get the light off long enough for me to get it smogged. my registration was paid up until this July *,  2 months ago and it's nowhere near the *-month mark and it was parked in front of where I'm living when they did their rotation of seizing unregistered cars. .  Because of the problems I've been having with repairs I was wanting to sell it but I can't sell it without the pink slip most people don't want to buy a car without the correct paperwork so I've just been stuck in limbo but I certainly cannot afford to just have thist car be a loss.  This will destroy any chance of me getting back on my feet again.  When I spoke to deputy Tormay again, he then said well it's on a public Street and it's 2 months expired so you're going to have to go down and get it moving permit pay the fee at the sheriff's department I do not have the money for that my car was not being driven it was parked in front of my house where I live and I've been spending every penny I possibly can trying to get it street legal. I have nowhere to turn to for help for this and if I lose my car I'm going to end up homeless. Is there anything I can do? In order to get the one day moving permit I have to have insurance I don't have insurance because I haven't been able to drive the car but I didn't have a planned non op because I don't have the money for that either.  To me since my car wasn't 6 months out of date they took my car by mistake and I think they should give it back. I sent it
Did you receive any written notice from the police department about the impoundment of your car?
Yes on the 18th I received it
What was the date mentioned on the impound notice you received?
The date on the notice was the day it was impounded which was on the 14th but I didn't receive the notice until the 18th
What actions have you taken since receiving the notice?
I've called the police department I went to the police department I gave them a letter I sent you the copy of the letter
What was the response from the police department after you submitted your letter?
They didn't tell me about my right to a hearing and they said there was nothing I could do
What was the exact date you submitted your letter to the police department?
The 15th of September * but like I said the supervisor literally told me I couldn't leave my letter there had to take it home with me
What was the content of the letter you tried to submit on September 15th, *?
My * Honda Accord was towed from in front of my house. When I called to report the car stolen a I was told that it was impounded because of registration. Receptionist at the police department said it was a rotating impound program that they have for unregistered vehicles.When I first spoke to deputy Tormey he said that the information he was receiving from the DMV stated that nothing had been paid on the car since * or for over 2 years and I told him that my car was impounded just in December of last year * and I had to pay all the fees up to date in order to get my car out of impound plus the release from this sheriff's department the insurance the registration and the impound yard and towing fee came to $*,*. But I couldn't get my sticker because I didn't have a smog certificate.  He told me the problem was that the DMV hadn't updated the records for the police department to receive. I called the DMV and spoke to Brady he told me that the screen that he's looking at is the same one the police department is looking at which clearly stated I had already paid everything I needed to pay I was only 2 months out.    The only reason for that is because I wasn't sure if I'm going to keep the car because I can't get it smogged. Either way I feel like my car was taken by mistake that I can't afford to pay for. Since getting it out of impound in * I've had to replace the engine but the check engine light was still on ,the alternator but the check engine light was still on, battery, oxygen sensor and now I'm having trouble with the transmission.  As you know a smog company will not test your car if the check engine light is on.  So my problem has been being paying for all the repairs and not being able to get the light off long enough for me to get it smogged. my registration was paid up until this July *,  2 months ago and it's nowhere near the *-month mark and it was parked in front of where I'm living when they did their rotation of seizing unregistered cars. .  Because of the problems I've been having with repairs I was wanting to sell it but I can't sell it without the pink slip most people don't want to buy a car without the correct paperwork so I've just been stuck in limbo but I certainly cannot afford to just have thist car be a loss.  This will destroy any chance of me getting back on my feet again.  When I spoke to deputy Tormay again, he then said well it's on a public Street and it's 2 months expired so you're going to have to go down and get it moving permit pay the fee at the sheriff's department I do not have the money for that my car was not being driven it was parked in front of my house where I live and I've been spending every penny I possibly can trying to get it street legal. I have nowhere to turn to for help for this and if I lose my car I'm going to end up homeless. Is there anything I can do? In order to get the one day moving permit I have to have insurance I don't have insurance because I haven't been able to drive the car but I didn't have a planned non op because I don't have the money for that either.  To me since my car wasn't 6 months out of date they took my car by mistake and I think they should give it back.
Did you receive any written response from the police department after you submitted your letter?
No
What was the last communication you had with the police department regarding this matter?
I called again on Monday the 25th and asked if I could request a tow hearing. They told me I have to come in person to do that. Within 10 days of the notice date which was the 14th. But I didn't get the notice until the 18th. However I took the letter above on the 15th but the supervisor told me to take it home with me.
What was the date when you requested the tow hearing in person?
I didn't specifically say can I have a tow hearing because I didn't know there was such a thing existing. But I handed them the letter that showed I obviously disputed the impound on the 15th but they didn't let me leave it there that's what I'm saying
Did you manage to officially request a tow hearing later, after you found out about its existence?
I identified myself and asked over the phone if I could request a tow hearing on Monday the 25th but they said I had to go there in person and I didn't have a ride I have a ride today
What is the current date today?
Today is September 27th
What is the current status of your car? Is it still impounded?
Yes it's still impounded I do not have the money to get it out I do not have the money to pay for the release fee and it should not have been impounded
What is the reason given by the police for impounding your car?
At first they said it was because the registration was out for over 2 years then I told him about I have the paperwork showing I paid the registration but have been unable to pass smog
What is the current status of your registration and smog certification?
The registration shows pending due to lack of smog certificate because the check engine lights on and I can't pass smog
What steps have you taken to address the check engine light issue and pass the smog test?
Well I've replaced the engine I replaced the oxygen sensor I did the upstream oxygen sensor the downstream oxygen sensor mass air flow I've been spending money on the car trying to get it legal
What is the current status of the check engine light after replacing the engine and sensors?
The check engine light remains
What specific code is the check engine light showing? This could help identify the issue and potentially resolve it to pass the smog test.
I don't know but I don't have the car it's impounded and I can't afford to get it out so I'm trying to request a hearing
What is the name and location of the impound lot where your car is currently held?
It's Cal's towing in yucaipa California *
What is the contact information for Cal's Towing?
*-*-*
Thank you for the information. You can contact Cal's Towing at *-*-*. They are located at * County Line Rd, Yucaipa, CA *.
Yes I know that. I already talked to them they suggested I see a supervisor at the police department which I already did thank you
What was the response of the supervisor at the police department when you met them?
I already told you that
What was the outcome of your conversation with the supervisor at the police department?
I already told you that too
Based on your information, it seems you've taken steps to dispute the impoundment. You may want to consult with a lawyer for further assistance.
Ok thank you
Based on your information, it seems you've taken steps to dispute the impoundment. You may want to consult with a lawyer for further assistance.