QuestionQUESTION: We are in the state of NC(lien holder of vehicle) and we received a call from the state of MD about the vehicle we have been searching for for some time now it appears the vehicle had been towed/impounded over a year ago and the customer(registered party)never retrieved the vehicle. What are the DMV standards of notifying lien holders as well as fees that can be charged to us as the lienholder (NC has a cap on the amount not sure of MD)
ANSWER: In some states they can actually obtain an abandoned vehicle title without ever notifying a lien holder if that lien holder is outside the state. Most states require a towing company to notify the last known owner and any listed lien holder within a reasonable amount of time. Send me some more info and I will do some more research. Maryland state codes are not easily accessible.
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QUESTION: The only other information we have is the vehicle is located in Suitland MD at a towing co., which is attempting to gouge us in the amount of $18k to retrieve the vehicle. The vehicle was towed for parking illegally originally so as far as we know there is no criminal offense pending involving the impounded vehicle. We spoke with Maryland Motor Vehicle Admin which was not very helpful regarding fees and notification practices. Is there any way we can fight this we are willing to pay for storage fees but come on......18K its a used 01 Nissan Sentra.
ANSWER: I was not able to get any answers yet as for Maryland towing laws. I have sent an email to friend with a towing association and I am waiting on a reply
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QUESTION: Hello just wanted to ask if there was any more info as of yet.
AnswerHad a little trouble tracking down the info on state laws in Maryland. Below is the state law on notification of owners once a vehicle has been impounded or towed. I also copied the towing laws.
If you would like you can reply with your contact info and I will call you direct. It appears that the towing company has not complied with the state laws.
Sec. 26-142.08. Notification to owner.
(a) Notification after impoundment shall be in accordance with the provisions of Section 26 168 of this Code.
(b) The notice shall:
(1) State that the vehicle has been taken into custody for violation of the County ordinance prohibiting unauthorized parking on private property;
(2) State the year, make, model, and vehicle identification number of the vehicle;
(3) Give the location of the impoundment facility where the vehicle is held;
(4) Inform the vehicle owner that he has the right to contest the validity of the towing and storage of his vehicle at any time within twenty-one (21) days of the date of such notice by filing a request for hearing with the County Police on a request form which shall be included with such notice;
(5) Inform the owner and secured party of his right to reclaim the vehicle within twenty-one (21) days after the date of said notice on payment of all towing and storage charges resulting from the towing and storage of the vehicle;
(6) State that the failure of the owner or the secured party to exercise his right as provided in Subsection (b)(5), above, to reclaim the vehicle in the time provided is a waiver by him of all his right, title and interest in the vehicle and is a consent to the sale of the vehicle at public auction.
(CB-27-1987)
Sec. 26-142.06. Towing of vehicle.
(a) After completion of the requirements of Section 26-142.05 of this Division, the towing company may proceed to tow the subject vehicle to an impoundment facility maintained by the County Police or by an authorized towing company.
(b) A towing company may not tow a vehicle defined as abandoned pursuant to Section 26-162 of this Code until forty-eight (48) hours after notice of such proposed towing has been securely attached to and conspicuously displayed on the vehicle.
(c) Immediately prior to the attachment of the subject vehicle, the authorized towing company shall notify the County Police, by phone or computer, of the date and time of the towing, the location of the tow, the make and model of the vehicle, the license plate number and the reason for the tow. Within one (1) hour after removing the subject vehicle from the property, the authorized towing company shall verify to the County Police, by phone, fax or computer, the above information and shall provide the vehicle identification number of the vehicle. The Chief of Police is authorized, pursuant to this section, to issue regulations to implement this provision.
(d) A towing company that undertakes the towing or removal of a vehicle from private property may not employ individuals, commonly referred to as "spotters", whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal.
(e) A towing company shall not pay or offer to pay a property owner, and a property owner shall not accept payment for authorizing the towing of a vehicle from any private property.
(CB-27-1987; CB-41-2005; CB-35-2007)
