QuestionHi, I know there has been a lot of questions asked on this website regarding towing. So I am hoping some clarity has been found.
This weekend my car was towed in North Denver. Walnut and 31st. The car was parked on the side of the road in dirt area -along a fence line. This stretch is about 150 ft long. There is one no parking sign at the very end of the fence. Another sign was lying on the ground -which i found the next morning when my car was missing.
I was charged $269 for the tow. I need to know if this is worth taking to small claims?
Yes, there was one sign (but this was posted at the far end of the fence line). Another was lying on the ground. There must be a law or ordinance that states the requirements for "No Parking" signs: number of signs per feet, size, legibility. Furthermore, this was NOT a parking lot. It is as stated- a stretch of dirt between a fence and a major street. So I wonder if this is even private land? Are there zoning laws in Denver that allow private ownership of land all the way to a road?
Thank You, Any help would be great. To file the small claim would cost $150. So I want to be sure I have a chance getting my money back. I have number of pictures that will help in court.
Travis
AnswerWho had the vehicle towed? Who did the signs belong to? Was it a private business or law enforcement impound
Until I know some more details I did find a hearing procedure for impounded vehicles.
Sec. 54-900. Definitions.
The following definitions shall apply for purposes of this division:
(a) Claimant: means any person who claims any legal or equitable interest or right of possession in a vehicle and seeks the release of the vehicle from impoundment, including but not limited to all owners and lienors. In the event that the vehicle already has been redeemed from impoundment, the term means the person who paid the charges to redeem the vehicle from impoundment, seeks reimbursement of the charges, and presents the receipt from the Denver Impound Lot showing payment of those charges.
(b) Impound, impounded, or impoundment: These terms mean the seizure and retention of a vehicle by the City and County of Denver under circumstances where claimants of the vehicle cannot regain possession of the vehicle without paying towing, storage or other charges. The terms include towing and retention of vehicles where release of the vehicle is conditioned upon the payment of certain charges. The terms include the placing of a "boot" or other device on a vehicle to immobilize the vehicle where removal of the "boot" or other device is conditioned upon the payment of certain charges. The city's seizure, temporary custody, towing, and movement of a vehicle from one place to another alone does not constitute an impoundment. The seizure, towing, movement, taking of a vehicle into the city's custody, immobilization, or "booting" and retention of the vehicle does not constitute an impoundment if the claimant is free to retake possession of the vehicle without paying any charges. The terms do not include the seizure, immobilization, taking into custody, movement, towing, and retention of vehicles at Denver International Airport. The terms do not include the seizure, taking into custody, immobilization, movement, towing, and retention of a vehicle for investigation of a crime, as evidence of a crime, or under the authority and civil remedies of Chapter 37, Articles II and III, Denver Revised Municipal Code or Title 16, Article 13, Colorado Revised Statutes.
(c) Notice of right to hearing: means the notice of right to hearing mailed or hand delivered by the City and County of Denver and any documents attached thereto.
(d) Notice of impoundment: means the notice of impoundment mailed or hand delivered by the City and County of Denver which describes the vehicle, the charges, and the date the vehicle was redeemed or the date by which the vehicle must be redeemed in order to prevent it from being sold or destroyed, or, in the case of an immobilized or "booted" vehicle, the immobilization notice affixed to the vehicle.
(e) Redeem: means to obtain the release and redelivery of an impounded vehicle at the Denver Impound Lot or other location and may include the payment of charges.
(f) Vehicle: includes any motor vehicle as defined in Title 42, Colorado Revised Statutes.
(Ord. No. 569-97, § 1, 8-25-97; Ord. No. 878-99, §§ 2, 3, 11-22-99)
Sec. 54-901. Vehicle impoundment hearing officers to hold vehicle impoundment hearings.
(a) The Presiding Judge of the County Court shall appoint one (1) or more vehicle impoundment hearing officers to conduct non-judicial administrative vehicle impoundment hearings under the terms of this division. Vehicle impoundment hearing officers shall serve until removed by the Presiding Judge of the County Court pursuant to career service authority rules and procedures. Vehicle impoundment hearing officers need not have legal training or experience.
(b) Vehicle impoundment hearing officers are hereby granted the authority to hold non-judicial administrative vehicle impoundment hearings under the terms, conditions and limitations of this division to determine whether any vehicle impounded by the City and County of Denver was impounded with probable cause to do so under the Denver Revised Municipal Code or Colorado Revised Statutes. The vehicle impoundment hearing officer's authority to conduct such hearings shall extend only to cases in which the vehicle was impounded as that term is specifically defined in this division.
(c) Vehicle impoundment hearings shall be administrative and not judicial in nature. Hearings shall be held by the vehicle impoundment hearing officer without a jury and no claimant shall have the right to object to the hearing being conducted by the vehicle impoundment hearing officer or have any such hearing before any judge, magistrate, or other judicial officer.
(d) The vehicle impoundment hearing officers have the following powers with reference to vehicle impoundment hearings:
(1) To conduct hearings as provided in this division;
(2) To take sworn testimony, receive exhibits, and hear argument;
(3) To determine whether jurisdiction under this division exists;
(4) To determine the issues set out in section 54-903;
(5) To administer oaths to witnesses and maintain a record of the proceedings at all such hearings;
(6) To issue written decisions as to whether jurisdiction exists under this division and on the issues set out in section 54-903;
(7) To perform any act required or authorized under this division; and
(8) Any other powers that may be reasonably necessary to carry out the powers granted above.
(Ord. No. 569-97, § 1, 8-25-97; Ord. No. 878-99, § 4, 11-22-99)
Sec. 54-902. Jurisdiction to hold vehicle impoundment hearing.
The vehicle impoundment hearing officer shall have jurisdiction to hold a hearing under this division only where: (1) the vehicle was "impounded" as that term is specifically defined in this division; (2) the claimant has received a notice of impoundment and a notice of right to hearing by mail or by hand delivery; and (3) the claimant sets a hearing within the time specified in the notice of right to hearing. In the event that the claimant is a person who has paid the charges to redeem a vehicle and seeks reimbursement of those charges, the claimant must set the hearing within the time specified in the notice of hearing.
(Ord. No. 569-97, § 1, 8-25-97; Ord. No. 878-99, § 5, 11-22-99)
Sec. 54-903. Issues and determinations at hearings.
(a) The only issues at the hearings provided in section 54-901 shall be: (1) whether jurisdiction exists under the terms of this division; (2) whether the claimant is the owner of the vehicle or is presently entitled to possession, or in the event that the vehicle has already been redeemed, is a person who paid the charges to redeem the vehicle from impoundment and holds a receipt showing payment of those charges; and (3) whether there existed, at the time the vehicle was impounded, probable cause to impound the vehicle under any provision of the Denver Revised Municipal Code or the Colorado Revised Statutes. The vehicle impoundment hearing officer shall not address any other issue at the hearings, nor permit the claimants to do so. The vehicle impoundment hearing officer shall not reduce or modify towing, impound, and storage charges already accrued or yet to accrue.
(b) If the vehicle impoundment hearing officer determines that jurisdiction does not exist under this division, the hearing shall be concluded. If the hearing officer finds that jurisdiction does exist, the hearing officer shall then proceed to determine whether the claimant is the owner or presently entitled to possession of the vehicle, or in the event that the vehicle already has been redeemed, is the person who paid the charges to redeem the vehicle from impoundment and holds a receipt showing payment of those charges.
(c) If the vehicle impoundment hearing officer determines that the claimant is not the owner or presently entitled to possession of the vehicle, or in the event that the vehicle already has been redeemed, is not the person who paid the charges to redeem the vehicle from impoundment or does not hold a receipt showing payment of those charges, the vehicle impoundment hearing officer shall hold for the city and the hearing shall be concluded. If the vehicle impoundment hearing officer determines that the claimant is the owner or presently entitled to possession of the vehicle, or in the event that the vehicle has already been redeemed, is the person who paid the charges to redeem the vehicle from impoundment and holds a receipt showing payment of those charges, the vehicle impoundment hearing officer shall then proceed to resolve whether the impoundment was lawful as described below.
(d) If the vehicle impoundment hearing officer determines that there existed, at the time the vehicle was impounded, probable cause for impoundment of the vehicle under any provision of the Denver Revised Municipal Code or Colorado Revised Statutes, the vehicle impoundment hearing officer shall hold for the city, and against the claimant. If the vehicle impoundment hearing officer holds for the city and the vehicle has not already been redeemed, the vehicle impoundment hearing officer shall inform the claimant that the vehicle may be redeemed at the vehicle impound lot or other location upon payment of all charges shown in the notice of impoundment, plus any new charges that have accrued or may yet accrue, and that the vehicle will be sold or destroyed if the vehicle is not redeemed before the date shown on the notice of impoundment.
(e) If the vehicle impoundment hearing officer determines that there did not exist, at the time the vehicle was impounded, probable cause for impoundment of the vehicle under any provision of the Denver Revised Municipal Code or Colorado Revised Statutes, the vehicle impoundment hearing officer shall hold for the claimant, and against the city. If the vehicle impoundment hearing officer holds for the claimant, the vehicle impoundment hearing officer shall direct the claimant to redeem the vehicle at the vehicle impound lot or other location within forty-eight (48) hours, excluding Saturdays, Sundays and holidays, free of charges. If the claimant fails to redeem the vehicle within that time, new charges may accrue that must be paid before the vehicle can be redeemed. If the vehicle impoundment hearing officer holds for the claimant, and the claimant has already redeemed the vehicle, the vehicle impoundment hearing officer shall inform the claimant that he or she is entitled to refund of the charges paid to redeem the impounded vehicle at the Denver Impound Lot.
(f) The vehicle impoundment hearing officer shall not enter findings or orders as to any other issues of fact or law, including but not limited to the validity of charges, the amount of charges, the validity of or constitutionality of ordinances or statutes, or the validity of police or other administrative holds placed on the vehicle.
(Ord. No. 569-97, § 1, 8-25-97; Ord. No. 878-99, § 6, 11-22-99)
