Hello from Canada!! Impound question.

[Lucky]

Hey, so, I'm on vacation. Todays stop is in Canada. Woo hoo. The ultimate goal on this massive road trip adventure is DC. Froggy Bottoms chicken strips are waiting for me (the best chicken fingers you will ever have). Anyway, on to my question. Well, maybe it's more of a rant question, but, here it goes.

I've been on my road trip since a week ago Thursday. So that makes it, what, 10 days now? Holy cow. We are in my buddy's car during this trip. I washed my car and parked it right in front of my house the morning I took off on my trip/adventure. It was running rough/having trouble starting. No big deal, I'll have it fixed when I get back. Of course, thanks to the city of San Jose, it was impounded as an abandoned vehicle. I was to say the least, livid. I still am.

Now, I understand the law reads that a car must be moved every 72 hours or else it is an abandoned vehicle (and how many average citizens know this law, albeit ignorance of the law is no excuse?). I would presume this law is in place to prevent junker vehicles from being left in a neighborhood.

However, this is my vehicle. My registered vehicle. Parked in front of my house. A nice sports car that was washed the morning I left, with all tires, windows, paint job, etc. intact. Furthermore, I had my roommate check on my vehicle to make sure it wasn't messed with.

So, when my roommate calls me to tell me my car is missing, I figure it's stolen. I call in to SJPD, and let the run around begin. As it turns out, it might have been towed by random, or by complaint. Furthermore, leaving a note about it being abandoned is only a courtesy. But, that is all they know, as I have to call some other department (I forget which one now) to find out more, and then I have to call the tow yard. Of course, I am in the middle of Kansas while trying to figure this out. And I lose cell phone service. Since I am very far away, I can get a notary letter faxed in to let somebody else collect my car. But, like I said, the car is having trouble running/starting, and I don't want to dump this problem on somebody else. I mean, all my friends and family have their own jobs, lives, family, etc. to deal with.

So, it's 100 bucks for towing, 100 to get it out, and 35 bucks a day storage. And I'm in Canada right now. Do I have any course of action, or am I going to be out around 500-700 bucks when I get back? And can I just say, parking was cheaper in downtown Chicago where I was last night than 35 bucks a day. I mean, I'm really in a bind here.

In closing, I (now) understand there is the letter of the law. 72 hours is an abandoned vehicle. But, was the spirit of the law to take away a law abiding citizens current registered vehicle from in front of his own house? I am both confused and angry and trying to enjoy my trip, but, the juice is running. Any help and/or advice would be greatly appreciated!

And go Sharks, but don't tell these guys in Toronto that...

[SuperSixFour]

Originally posted by Lucky


And go Sharks, but don't tell these guys in Toronto that...

You've got to be careful north of the Canuckistan DMZ. :cool

[motorman4life]

In most towns, they will come out and leave a warning/chalk the tires and record the mileage upon a complaint or when an officer notices it has not moved or sees evidence of abandonment. In your case, it sounds like it was a complaint.

72+ hours after that warning is issued, the department copy of the warning notice will go into a queue for follow-up. An officer or parking enforcement employee will go out and check to see if the car was moved. If it was not, a ticket is issued for the ordinance violation and the warning notice is updated, a computer record is generated and it is placed in a queue for towing/impound. In most cases, that spend 7 to 10 days in the towing queue, but it can be towed the same day as the ticket.

Things that will speed up the towing... registration tabs expired (particularly if over 6 mos. expired), false or incorrect registration tabs, altered or wrong plates, construction or road repairs in the vicinity, 5 or more parking tickets on file, evidence of recent parts stripping or tampering, numerous complaints.

The department is not obligated to advise you what the exact circumstances were in your case, just when the warning was issued and how they determined the vehicle was not moved. As long as their methods complied with the CA law and their own tow policy, they will be in the clear. 10 consecutive days on the street? I think you are screwed. :teeth

[Lucky]

Thanks for the reply mm4l. The registation is and always has been current. No road construction, at least that I know of, roommate did not mention any. Nothing altered with the plates, etc. Clean car sitting in front of my house. No houses across the street from me.

So, what would or should one do if they were to go on vacation? I mean, lets say one takes off with a friend for a 4 day weekend, and could potentially come back to find his/her car missing? Unbelievable. I would feel like a dick parking in the driveway, as my room mates will be using the driveway, and have always used the driveway. Just how it is. What if one does not have a driveway?

I have a good relationship with my neighbors, and have seen other cars in the neighborhood that have been sitting for much longer. If they are still sitting around in the same spot(s) when I get back, I am going to be really upset.

[Junkie]

next time try to get someone else to move it, I have definitely seen one of my cars chalked when parked just down the block from me. Not the nicest car, but still.

[dogcatfud]

Have one of your roommates drive your car to work or use it to run an errand.

In some cities, moving the car 10 or 20 feet every 72 hours is not sufficient. For example, in Oakland the vehicle must be driven at least a mile before parking again. The parking enforcement personnel record the odometer reading at the time they check the vehicle. Cities don't want public property being used as "storage space" for private property.

As for getting your vehicle out of the impound lot, ask SJPD if your roommate can act on your behalf to pay the fine.

[Meter Man]

There was a long drawn out thread on ADVRIDER.com from a dude in New Jersey. k,

MML4 why didn't the officer run the plates and see that it was registered to the guy who lived in the house? It would seem to me that A registered car parked in front of the residence of the owner would never be considered abandoned?

Lucky, any angy ex-girlfriends?

[motorman4life]

Originally posted by Meter Man
MML4 why didn't the officer run the plates and see that it was registered to the guy who lived in the house? It would seem to me that A registered car parked in front of the residence of the owner would never be considered abandoned?

I can't answer that question. Each city has their own take on this problem and apparently San Jose has a strict stance.

Lucky, I wasn't saying your car had the particular issues. I was saying those issues are the ones that would tend to lead to immediate or expedited impound.

Myself, I certainly would have knocked on the door and asked someone to move it. Maybe that was done. It is possible there simply was no answer, or maybe your roommate gave a smart-ass response to the cops and won't 'fess that up to you. Again, I wasn't there, I don't know... It could be any number of things. If your roommate was checking on it everyday, s/he should have noticed the warning notice and chalk on the tires too... what happened there?

FWIW, it will be really difficult getting a vehicle release if you are away and the car is only in your name. In fact, it may be damn near impossible. I have had people fax a letter and a copy of their CDL from an overseas police department to secure an impound release. It really depends on how willing the department is to work with you. Knowing SJPD... you are fucked. :laughing

As for where to park when away... in the garage, in the driveway, in storage. Parking on the street long-term is a real gamble (as you have learned). As for your neighbor's cars... if they are being moved regularly and re-parked in the same place, it may give the illusion that they are parked long-term. That is why the cops chalk tires and document mileage to verify it has been moved. Some towns require 1 mile per week, some 1/10th of a mile every 3 days. The required mileage may be listed on the warning notice.

Have a safe trip and good luck.

[CykoKlr]

You have a neighbor who doesn't like you or your roommate had it towed for fun.....

[Lorry]

Originally posted by dogcatfud
The parking enforcement personnel record the odometer reading at the time they check the vehicle.

How do they do this on a car with a digital odometer?

[Lorry]

It sounds like you may have a hostile neighbour to me. The police wouldn't even know about it unless someone called it in.

I had a situation (which MM4L advised on) a few months ago where a new pickup truck arrived on the street in front of my house. I assumed it belonged to a neighbour and didn't think anything of it. However, 6 weeks later, it was still there and hadn't moved. I asked all my neighbours up and down the street, but no-one knew anything about it. The general consensus was to call it in, so I gave it a couple more weeks then called the cops. Two days later, they marked it. Two days after that, it was gone.

I felt bad because I knew it belonged to someone. On the other hand, the street in front of my house isn't long term storage for random vehicles.

[motorman4life]

Originally posted by Lorry
How do they do this on a car with a digital odometer?
They write "digital" in the odo box and in most cases, will have to go off the chalk. There are a couple of other tricks we use too... :shhh

[Junkie]

Originally posted by Meter Man
There was a long drawn out thread on ADVRIDER.com from a dude in New Jersey. k,

MML4 why didn't the officer run the plates and see that it was registered to the guy who lived in the house? It would seem to me that A registered car parked in front of the residence of the owner would never be considered abandoned?

Lucky, any angy ex-girlfriends? I even had a cop come and knock on my door so that he didn't have to have our car towed from a construction zone across the street from us. Apparently my father hadn't noticed that it was marked no parking, but luckily the cop was nice enough to let us move it instead of towing.

[Lester Green]

Originally posted by motorman4life
They write "digital" in the odo box and in most cases, will have to go off the chalk. There are a couple of other tricks we use too... :shhh
like maybe tape the door/window in an inconspicuous place and see if seal has been broken? just wondering..

[dogcatfud]

Originally posted by Lorry
How do they do this on a car with a digital odometer?
Some digital odometers remain lit all the time, even when the vehicle is parked.