Towed for Expired Tags: Help!

[31Charlie]

Hello All,

I have never dealt with having an impounded vehicle but looks like I will be tomorrow. Here is my story.

Registration came up for renewal and I sent the money in. Got a notice of payment but was told I need a smog. I had just gotten a smog the year before so by CA law I did not need one. Called the DMV over five times the next few months and each time the rep was very nice and very confused as to why the system thought I needed a smog. Some promised to sort it out and mail me my tags, one gave me a number to HQ in Sacramento and one told me not to worry about it so I gave up and decided to wait till next years registration came in the mail.

I did go into the DMV once to try and get it sorted out, but the 90 minute wait and security guard telling me I wasn't allowed to stand while I waited made me leave in a hurry.

Anyway, got home from work today and find my truck has been towed for expired registration. Look up the law and see this is if it has been expired for six months it gets towed. Yesterday was the six month mark so it seems as though it was being watched.

Long story short (too late), do I have a chance in heck of having the citation revoked since I paid the registration and the only reason it wasn't "registered" was due to a glitch in the DMV system and I attempted to get it sorted out? If I do get it revoked to I still have to pay the towing fee and impound fees even though it was towed due to a DMV error? Finally, where it was towed it looks like the dragged it a bit. There are skid marks on the road, some of which have some scratches and a lot of tire marks all over the curb as if a vehicle kept hitting it. What do I do if I get to the lot and notice damage to the vehicle?

I already have proof of insurance, proof payment for the registration, and proof of smog from the last six years, anything else I should take?

Thanks for the help!

-Kurt

 

[silver03svt]

Not being a smart-ass here, but you should've just had a seat at the DMV and gotten it straightened out in person. I never trust any DMV employees over the phone. Once they hang up, they forget all about you. I can't help with the CA DMV issue with the smog, BUT take pics of the markings and scrapes where they picked up your truck, and then go over it when you get it back with one of the tow company employees and file a claim with them. MAKE sure you get copies of any and all paperwork they have on file.

 

[mswaim]

Before an officer would impound your truck they would request a current status on your registration just in case you had the current tab, but failed to afix it to the plate.

DMV may have accepted the funds you sent them, but without the smog certificate or proof it was not required, the process was not completed.

Like it or not, you are in the hot seat for this one, since you admit you tried several times to complete the process but for whatever reasons did not follow through.

The court may (or may not) decide to take it easy on you for the expired registration, but the impound fees, towing costs and all other associated fees are on you.

Hopefully you get this cleared up faster than you did the first time around, it only takes the tow company a few months to complete the lien process and sell your truck to recover their costs and storage fees are compounded daily.

Good luck.

 

[2k3Mach]

Sounds to me like CA BMV sends out notices to towing/recovery companies of every 6 mo delinquency and they're free to tow even off private property?? Sucks to have laws that allow something like that, but ya know CA just wants their money and greedy tow truck operators on top are like ambulance chasers!



Sent from my MB860 using Tapatalk

 

[bdcardinal]

Why didn't you just get a smog and play their game? There are always coupons in the phone book for like $30 enhanced smogs plus the $8.25 for the cert.

I have learned with the DMV here is that even if they are obviously wrong, it takes too long to fight them and just do whatever they want as long as it is within reason.

 

[mswaim]

Sounds to me like CA BMV sends out notices to towing/recovery companies of every 6 mo delinquency and they're free to tow even off private property?? Sucks to have laws that allow something like that, but ya know CA just wants their money and greedy tow truck operators on top are like ambulance chasers!



Sent from my MB860 using Tapatalk

In California it is the DMV, they do not notify tow companies and where did he say it was towed from private property?

Never mind, I remember what I said when I drank my first beer too. :shrug:

 

[mswaim]

Why didn't you just get a smog and play their game? There are always coupons in the phone book for like $30 enhanced smogs plus the $8.25 for the cert.

I have learned with the DMV here is that even if they are obviously wrong, it takes too long to fight them and just do whatever they want as long as it is within reason.

Or why didn't he just spend the time at the DMV to prove they were wrong and enjoy the moment of rubbing their nose in it?

 

[bdcardinal]

Or why didn't he just spend the time at the DMV to prove they were wrong and enjoy the moment of rubbing their nose in it?

True, but if he didn't want to wait, that was his other option. Either way it sucks for the OP.

 

[mswaim]

Agreed, he could have just re-smogged and sent the new certificate with the fees - or; he could have sent a copy of his year old smog cert.

One thing is for sure, don't count on the DMV to be cooperative or easy to deal with; afterall, they have a reputation to live up to.

 

[bdcardinal]

Agreed, he could have just re-smogged and sent the new certificate with the fees - or; he could have sent a copy of his year old smog cert.

One thing is for sure, don't count on the DMV to be cooperative or easy to deal with; afterall, they have a reputation to live up to.

I have been trying to convince them for over a year that I do not own a car that I have never owned. They tried to garnish my wages and send threatening letters for a completely different name than mine, but at the same address for a car i dont and have never owned.

 

[firemanmike]

Well, at least the tow truck drivers and car ranglers will haver a nice ride to go get their lunches and beers 'til you pick her up!!!

 

[Guy Fawkes]

I have been trying to convince them for over a year that I do not own a car that I have never owned. They tried to garnish my wages and send threatening letters for a completely different name than mine, but at the same address for a car i dont and have never owned.

I forget the technical term but basically you need to send them a letter (certified mail) asking them to cease and dissest until they prove its 100% your debt/problem. They then cant contact you any further until they put their shit together.

This is all from memory so dont take it for truth. For the Op, that sucks hard man. Why I will never move back to CA.

 

[Camaro_94]

CA DMV is ****ing horrible. They kept sending me shit on a car I sold saying they were revoking my registration for not having insurance on the car I didn't own.

 

[31Charlie]

Wow, this thread got more responses than I expected.

Yeah I should have handled it when the problem first arose. I did not because I work during normal DMV business hours. The one time I was able to get in there I should have swollowed my pride and stayed. Trust me, I got that enough from my girlfriend.

Resolution:

I took the next day off of work going back and forth between the DMV, City Hall and the Sheriff Office. Once the DMV cleared everything with their main HQ they gave me paperwork showing it was a computer error. I took that to the Sheriffs Office and the refunded me for the towing fee. I was also issued a citation for expired tags at the time of the tow which I fought via mail using both the DMV's paperwork and the Sheriff Office's refund. That was overturned too. Now I am going to petition the DMV to repay for the impound lot's fees, or maybe just eat those as a punishment for not getting it done sooner.

Everyone was really nice at the DMV and Sheriffs office. They couldnt believe that it happened. Of course the Duty Deputy thought I was feeding him a line, but when I showed him all the paper work he couldnt believe I was telling the truth.

 

[mswaim]

Glad it all worked out. :beer:

 

[thepizz]

Glad it worked out for you. Maybe you should be more diligent from the start. We can all complain about how the DMV or other govt. agencies are but in the end we are the ones who wind up losing one way or another. Compliance is just much easier IMO.