Towing Appeals
TOWING APPEALS
THE APPEAL PROCESS
If you believe your car was wrongfully towed from either public or private property, including College Park, you can file an appeal. Our office can help you evaluate whether you were wrongfully towed and can help you prepare your written appeal.
Towing appeals are decided by a hearing examiner. If the hearing examiner determines you were illegally towed, s/he will issue a written decision directing the public or private agency that towed you to reimburse your towing fees. However, the hearing examiner does not have enforcement powers. If the agency does not voluntarily comply with the decision, your recourse is to sue in small claims court.
The towing appeal process is described below for informational purposes only. For advice on your specific case, please consult with our office or another legal service provider of your choice
|
|
County and local regulations govern the towing of cars from both public and private property. There are specific provisions regarding notice of towing, notice of impoundment, and preparation of appeal hearings.This brochure provides information about Prince Georges county towing appeals. |
|
|
The Prince George's County towing code is found at http://egov.co.pg.md.us/lis/default.asp?File=&Type=TOC. See Sections 26-142 through 26.142.13 and Sections 26-166 through 26-171. |
|
|
If you were towed from property in College Park, you will also want to review the CollegeParkCode at http://www.e-codes.generalcode.com/codebook_frameset.asp?t=ws&cb=0032_A. See Sections 184-30 through 184-35. |
|
|
If you believe your car was wrongfully towed, you have a right to appeal. |
| QUESTION: Can my apartment complex tow my car without notice if I do not have or display a required parking permit provided by the apartment management? |
| ANSWER: Yes, as long as management has posted proper warning signs stating that unauthorized cars will be towed at the owner's expense and without notice. There are specific county requirements regarding what the signs must say, where they may be displayed, and other details. If your car was towed without the required signs - or if you have questions about the signs that were posted and whether they meet all county requirements - please consult with our Office for more information. |
| QUESTION: Can my apartment complex tow my car if I have a valid resident parking permit but do not have current registration tags or license plates? |
| ANSWER: The general answer is YES.
Under the county code, a car that has been on private property for 48 hours or more without proper registration tags or license plates is considered an "abandoned vehicle" subject to removal. There are technical rules regarding what management and the tow company must do when impounding an abandoned vehicle, such as filling out a standard "tow slip" and affixing it to the windshield. Additionally, after the car is towed, written notice must be sent to the registered owner. This requirement is waived where the owner immediately retrieves the car. While it would obviously be easy for management to determine who owns the car in this situation (by checking the parking permit number against office records) and to personally notify the tenant before towing, there is no legal requirement that they do so. For more information and legal advice about your particular situation, please consult with our Office. |
| QUESTION: I parked my car in the lot of a large restaurant in the county. Before going into the restaurant, I walked across the street to buy some things I needed at a pharmacy. By the time I came back, my car had been towed. Is this legal? |
| ANSWER: The general answer is YES as long as the restaurant had properly posted signs warning that parking was for customers only. |
.png)
.png)