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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29802
Experience:  Lawyer
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I parked in my neighborhood in San Francisco and saw my car

Customer Question

I parked in my neighborhood in San Francisco and saw my car the day before. Went to go look for my car on Easter and it had been towed the day before. On Sunday, I didn't see any construction signs where I remembered parking my car, but apparently, they setup a "temp construction zone" right around MY CAR for < 24 hours. I was told that they only needed to give 24 hours notice to do that. Can I fight this on the grounds that I was not given 24 hours notice? How can they prove that they gave me this notice? I was towed an got an expensive ticket. I would like to fight it.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Twenty-four hours notice is required for metered spaces, but if you were in an unmetered space, they actually have to post the signs 72 hours in advance (which makes sense, because people tend to park for longer when there's no meter). You can fight the ticket on the grounds that there was no notice provided 24 hours before the car was towed. That involves testifying as to the last time you walked by the car and the fact that no signs were posted. If you know anyone else in the area who passed by and can testify that the signs weren't there, that may also help. Look at the time on the tow, because you'll need to have passed by the area within 24 hours of when they took it for that to be a defense.

To prove that notice WAS given, they'll have to bring in the person who posted the sign to say what time he did it.

Since the ticket is illegal, and the tow is illegal, you also have the ability to sue the city for the towing and storage fees. You may want to call the City's Attorney's Office to see if they will reimburse you without making you file a lawsuit first. If you get the ticket dismissed before calling them, that may help.

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