I already answered most of your questions in my first response -- but I will separate them out here again for you in the order in which you asked the questions. Your questions exactly are copied and written in BOLD below and my answers are immediately under the question (I am hoping that presenting the answer this way is the easiest way for you to under stand all of the information I am giving to you.
YOUR QUESTION: I did not know about 72 hours (was informed in Police department when asked where is my car) and more over about requirements. I wander both rules are not explained in California Driver Handbook. How people know about that? Only after their car will be towed? It's a lot of strange for me things in rules. Not only that one.
MY ANSWER: Every citizen who drives and parks a car is expected to know the laws regarding driving and parking because the law considers driving a privilege and not a right. You are expected to know the laws that pertain to you so that you can abide by them (this is where the saying "ignorance of the law is no excuse" comes from).
Your Question(s): I every day can park near home at free place and even don't remember exactly place and side of the street. Now I know this is important, but it is not so simple to find place to park even on other streets around my home, at the evening time no choices where to park.
I pick up my car at Tower Company at very late time on Friday (after more than 5 hours searches), and parked it again on free spot on the same side of street and close to previous. I noticed the same cars parked every day at the same places, seems who don't go to work like me.
MY ANSWER: It appears that you are telling me that other people are doing this and getting away with it -- but the police do not care and that is not an excuse for you to do it also. You can call the police and report others who are parked a long time as well if you wish to do so and the police will come and investigate and probably tow the person.
YOUR QUESTION: When I call 911 to police at first time and come to police for permission to release the car, they in both places explained me about 72 hours and also told me that after somebody calls and complains, they towed without verifying any information. In Towing company they explained to me they got an order to tower and don't know why. Who is responsible for this wrong towing in less than 72 hours? Is it possible to know who was complained?
MY ANSWER: I answered these questions for you above -- (a) both the police and the towing company may be held responsible - you will have to bring an action against both of them in small claims court and if you win your case, then the court will decide who is more responsible to pay you back (b) the police do not have to tell you who complained - they are permitted to protect the identity of the person so that the person does not get attacked or harassed by other neighbors.
YOUR QUESTION: The excerpts you provided don't say this and doesn't say how I can prove duration of parking. In my case I used my car on Friday, Saturday and Monday May 3, 4, and 6. I can prove only by next facts: May 3 appointment to doctor and then bought at Walgreen new medicine with new prescription. I was looking jeans at stores at May, 4 and finally made this purchase. May 6 I was looking for special for arthritis shoes doctor recommend me and gave me list of manufactures and stores. I spend a lot of time without success unfortunately. Hope sales people remember me. Such information is good enough to prove I used car and it was not parking 72 consecutive hours?
MY ANSWER: You need to bring ALL of this information and as much information as you can to the court to show that you were not parked more than 72 hours. There are no laws that tell you what kinds of evidence/proof are acceptable to a court and you have to bring as much as you can and hope that the court accepts your proof over the opinion of a cop that your car was there more than 72 hours.
YOUR QUESTIONS: I made these details because only on next day after I took back my car I found on windshield Parking Violation Notice, where I read my car was towed May 6 at 9pm. It marked there reason for towing as "10.05.470 SCMC Parked over 72 consecutive hours". Also there is another reason by handwriting not understandable words and "5-3-13" looks like date. This paper says I should pay $63 (additionally to already paid $500). Must I pay this amount? Or dispute it or wait results of investigation?
MY ANSWER: You should talk to the city clerk office and ask if there is an appeal process for the ticket or if you can get a hearing about the ticket before you pay the tickets. If they tell you that there is no way to get a hearing or appeal then you should pay the tickets and then take the matter to small claims court at your local county district court (you can get paperwork to bring a small claims court claim from your local county district court at the clerk's office there).
YOUR QUESTION: After my question what should I do Police employee, they gave me phone number and name of SCPD Police Officer (probably) to call on Monday. Today I waited for advice from JustAnswer and call only in the afternoon before I get your email. No answers and I call later again and left a short message like title of my previous text to you. Nobody call me today.
MY ANSWER: If you cannot reach anyone on the telephone then the only other thing that you can do is appear in person at the clerk's office at city hall or at the police department and ask for instructions on how to appeal the ticket and get a hearing on the ticket.
My next question: Should I continue tomorrow and discuss with the person I call today or send them mail similar to current content (thinking police employee made mistake) or cancel that and as you recommend go to city clerk, then file to mail with complaint and go to small claims court? Is it OK to send to police or to court text similar current? Is it enough information and form is acceptable? MY ANSWERS: As I said - you should go to city clerk and ask if there is an appeal or hearing process. If they tell you that there is NO appeal or hearing process then you should pay the tickets (so you do not cause yourself more problems or get hit with additional fees for non payment) and then take the matter into small claims court and sue the CITY and the TOW COmpany in your complaint in small claims court.
BTW, to whom should complain to court (to police or somebody else)?
MY ANSWER: I do not understand this question -- but your complaints about the law and the way the police enforce the law should go to the city clerk's office or the mayor's office and you can also make a separate complaint to the police department about the police actions in this matter.
YOUR QUESTION: Because on Saturday I go to vacation, will be OK to send claims after vacation? MY ANSWER: You should NOT leave your car on the street while you are away on vacation for 3 weeks because it will be towed. ABout the ticket process, the sooner you can do this the better off you will be - because you generally have only 30 days after the ticket issuance date / tow date to file an appeal with the city on these matters. A small claims court action can be brought at any time.
YOUR QUESTION: What is your opinion about results of such complaints (climes) in common? MY ANSWER: THe police usually win these matters against private citizens but because of your advanced age they may give you some consideration and give you back all or some of your money.
YOUR QUESTION: You said that maybe they decide refund partly. What does it mean? MY ANSWER: They might return a portion of your money -- I simply do not know for certain.
YOUR QUESTION: Everything is completely new for me. I never have any relation with Police Department and Court. What is regular procedure Complaint investigation and process?
MY ANSWER: In this matter with your car, the police are permitted to take a complaint from a witness who says that your car was parked in the same spot on the street for more than 72 hours OR the police can watch certain cars themselves and decide when the car is parked more than 72 hours. THen the police can issue tickets and tow on their own discretion - leaving you in the position of retrieving your car and then trying to appeal the tickets or fight the tickets if your car was not there more than 72 hours.
I cannot give you more information than that -- it would take me days of typing to explain the entire police complaint process for every traffic and other violations that are against the law and this website is really supposed to be limited to brief inquiries about the law (it is for educational purposes only and we are paid only a small amount of money for the time I spend with you here, so writing such a lengthy answer is not something I can do).
I hope that answers all of your questions. There is only so much that I can do here and so many questions that I can answer and you may find it helpful if you telephone Santa Clara commission for elderly people (you can find then at city hall) and they may be able to walk you through the entire process step by step. You might also contact a private lawyer in your area who handles traffic violations -- they can also give you the same information.
Please press the 3rd, 4th or 5th smile face underneath this ANSWER box to pay me for my time in assisting you. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. If you are unable to press a smile face then writing "good" or "excellent" service in a response box to me will have the same effect. THANK YOU VERY MUCH !!!