Car got towed away. Advise please.

[kudessnik]

I live in apartment complex. I have my own off-street parking space but recently I decided to sell my car. So I sticked pair of "for sale" signs with my telephone number and parked the car on the street across the apartment where I live. Parking on the street is allowed if you have resident parking permit which I obtained few days before and hooked to the mirror in the car. So today I came back from work and found out that my car got towed away. Called police and they explained to me that might one of the neighbors complained about unattended car couple of days before, police made a note in their computer system and waited for 48 hours to see whether the car is going to be moved or not. No Note or ticket left on the car by police.
Police said that there is NJ law that states the abovementioned procedure. where can i find that law? is that so? Can I hold the police department to pay towing charges?
Instead of towing away the car they could just verify by hanging resident permit card that I live across the street.

thanks,
Romi

[Eagle]

Many towns have ordinances about overnight parking too. You should call town hall and ask them if they have such an ordinance.


I also found this state law:

39:4-136. Parking on highway; removing vehicle; disabled vehicle
No person shall park or leave standing a vehicle, whether attended or unattended, upon the roadway, outside of a business or residence district, when it is practicable to park or leave it standing off the roadway. In no event shall a person park or leave standing a vehicle whether attended or unattended, upon a roadway, unless a clear and unobstructed width of not less than fifteen feet upon the roadway opposite the standing vehicle is left for free passage of other vehicles thereon, nor unless a clear view of the vehicle may be obtained from a distance of two hundred feet in each direction upon the roadway.

In the event that a vehicle is disabled or otherwise unable to proceed while on the roadway of a highway, the driver or person in charge of such vehicle shall immediately, by the quickest means of communication, notify the nearest police authority.

Any vehicle, upon a roadway, which is disabled to the extent that the operator cannot move it, or any unoccupied vehicle parked or standing in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any peace officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal, before regaining possession of the vehicle.

[kudessnik]

it is residential parking with permit which was hooked to the mirror. Again,according to police that might one of the neighbors complained about unattended car (car was parked absolutely legally) in front of their house (though it is public parking with permit which I have), police made a note in their computer system and waited for 48 hours to see whether the car is going to be attended or not. Even if there is such a law, I think police must leave some sort of notes or warnings on the car. and there was No tickets whatsoever since it was parked legally.
is there a regulation that requires police to leave a note? I know such a regulations exists in Massachusets.
anyway, today I got my car back and paid $266. thinking filing a civil action against police or township.

[JerseyRR]

Hi Romi,

It sounds like they're technically correct, though not exactly thoughtful. Apparently your drivers license can be suspended for this offense. As someone that doesn't drive every day, I certainly feel your pain - but it looks like you should pay the ticket and count yourself lucky.

39:4-56.5. Abandonment of motor vehicle
1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property. A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

b.It shall be unlawful for any person to abandon a motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be. A vehicle which remains on or along such a highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

c.Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500 and his license or driving privilege may be suspended or revoked by the director for not more than two years. For any subsequent violation he shall be subject to a fine of not less than $500 nor more than $1,000, and his license or driving privilege be suspended or revoked for a period of not more than five years.


http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=132135&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={E6D1}&softpage=Document42

[kudessnik]

thank you.
Ok, even if they are technically correct, shouldn't they leave a warning notice or sort of that?
and how does police know that the car has not been driven for 48 hours straight? it is possible that vehichle has driven then parked again at the same spot. Please correct me if I am wrong or right.

thanks again

[JerseyRR]

Yes, it would be nice if they left you a notice (or at least a $100 ticket) before coming back to tow the car - but it doesn't appear as though it's required. You could check your town ordinances to see if they offer any more protection - but it's unlikely.

Where I used to live the police used a piece of chalk to mark your tire. If the car moves, the chalk rubs off. I don't know if that's what they did in your case - but if the car really was in the same place for 48 hours I wouldn't risk rocking the boat with a lie.

[kudessnik]

I see. thanks for answers.
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