Quick answer: When a California public agency, such as LAPD, the CHP or a city parking department, has your car towed and stored, you usually have the right to a post-storage hearing to decide whether the tow was valid. Under California Vehicle Code 22852, the agency must send a storage notice within 48 hours (excluding weekends and holidays), you have 10 days from the date on that notice to request a hearing, and the hearing must be held within 48 hours of your request (excluding weekends and holidays). If the hearing finds there were no reasonable grounds for the storage, the agency is responsible for the towing and storage costs.
This guide from the TowCars team explains how the process works, who qualifies, how to prepare, and what results to expect. It is general information, not legal advice.
What a post-storage hearing is (and is not)
A post-storage hearing is an informal review run by the agency that ordered the tow. Its purpose, in the words of the statute, is “to determine the validity of the storage.” In plain terms, the hearing officer decides whether the agency had reasonable grounds to tow and store your car.
It is important to know what it is not:
- It is not a court trial. There is no judge or jury, and you do not need a lawyer, although you can choose to get advice.
- It is not a parking ticket appeal. If you also got a citation, contesting that ticket is usually a separate process with the agency that processes parking citations.
- It does not usually stop storage charges from adding up while you wait. Many people pay to get the car out first and then use the hearing to try to recover the costs.
Who gets a hearing
The hearing is offered to the vehicle’s registered owner and legal owner of record, or their agents. The registered owner is the person the car is registered to. The legal owner is often a bank or lender if the car is financed.
CVC 22852 applies when “an authorized member of a public agency directs the storage of a vehicle.” There are exceptions. Subdivision (f) says the section does not apply to:
- vehicles handled under the Abandoned Vehicle Abatement Program,
- vehicles impounded for investigation under CVC 22655, and
- vehicles removed from private property under CVC 22658.
Subdivision (g) also excludes abandoned vehicles removed under CVC 22669 that the agency values at $500 or less.
So if a private lot owner or apartment manager had your car towed, the post-storage hearing is not your remedy. See our guides to apartment complex tows and getting money back after a wrongful tow instead.
If your car was seized for 30 days because the driver was unlicensed or driving on a suspended license, CVC 14602.6(b) says the owner gets a storage hearing under section 22852 too, and that hearing can also consider “mitigating circumstances.” Our guide to California’s 30-day impound covers that in detail.
The timeline, step by step
| Step | Deadline in CVC 22852 |
|---|---|
| Agency sends a storage notice to registered and legal owners | Within 48 hours of storage, excluding weekends and holidays |
| Owner or agent requests a hearing (in person, in writing, or by telephone) | Within 10 days of the date on the notice |
| Agency holds the hearing | Within 48 hours of the request, excluding weekends and holidays |
The notice must include the agency’s name, address and telephone number, where the car is stored, a description of the car, the authority and purpose for the removal, and a statement explaining the 10-day window to request a hearing.
Do not wait for the mail. If you know your car was towed, you can contact the agency right away to ask about the hearing. Mail can be slow, and the 10-day clock runs from the date printed on the notice, not from the day you read it.
What the hearing officer looks at
The main question is whether the agency had reasonable grounds under the law it relied on. For most public tows in California, that law is CVC 22651. Our guide to when police can tow a car in California explains each subdivision. Examples of the questions that can come up:
- Posted signs: For tows that depend on signs, such as tow-away zones or street work, were the required signs in place? Some rules require signs at least 24 hours before removal.
- 72-hour rule: Was the car really parked for 72 consecutive hours? Do you have evidence it moved?
- Expired registration: Was registration expired more than six months, and did the officer confirm with DMV records that no current registration was on file, as subdivision (o) requires?
- Unpaid tickets: Did the car actually have five or more unanswered parking notices?
- Hazard or obstruction: Was the car really blocking traffic, a driveway or a hydrant?
The hearing officer can be an employee of the same agency, but the law says it cannot be the same person who directed the storage.
How to prepare
- Get the paperwork. Ask for the storage notice, the tow report or the stored vehicle report, and any citation number.
- Write down the timeline. When and where you parked, when you discovered the car missing, and who you spoke with.
- Collect photos. Go back to the spot and photograph the curb, signs (or the lack of them), sign dates, and the area. Phone photos have timestamps, which helps.
- Gather proof that supports your version. Receipts, parking app records, registration renewal confirmation, or anything showing the car was moved or legally parked.
- Keep it focused. Stick to why the tow did not meet the rule the agency used. A short, organized explanation is usually more effective than a long one.
- Keep receipts for everything you paid. If you win, you will need to show what the towing and storage cost.
What happens after the hearing
If the tow is found valid, you remain responsible for the towing, storage, and any administrative fees. If you have not yet picked up the car, do so quickly, because storage continues to accrue.
If the tow is found not valid, CVC 22852(e) says the agency that employs the person who directed the storage “shall be responsible for the costs incurred for towing and storage.” How the refund or release is handled depends on the agency, so ask exactly what happens next and get it in writing.
If you do not request or attend a hearing, subdivision (d) says that failure “shall satisfy the post-storage hearing requirement.” In other words, you lose that chance.
Should you get the car out first?
Often, yes. Storage is generally charged per calendar day. Under Civil Code 3068.1, if a car is released within 24 hours of being stored, no more than one day of storage can be charged. Waiting for a hearing before picking up the car can mean more days of storage if you lose. Many owners pay, retrieve the car, and then pursue the hearing to try to get the money back. Our storage fee guide and impound lot guide can help you plan the pickup.
Common questions
Can I request a hearing by phone?
Yes. CVC 22852(b)(4) says the request can be made in person, in writing, or by telephone. If you call, note the date, time and name of the person you spoke with, and follow up in writing if you can.
My car was towed in Los Angeles. Which agency do I contact?
The agency that directed the tow, which is shown on the storage notice. In the LA area this might be LAPD, the CHP, the Los Angeles County Sheriff’s Department, or a city parking enforcement department, depending on where and why the car was towed. Our Los Angeles towing guide explains how to find out.
Does the hearing cover damage to my car?
The hearing is about whether the storage was valid. Damage claims against a tow operator are usually handled separately, for example through the tow company’s insurance or small claims court. Take photos of any damage before you leave the yard.
Key takeaways
- Most California public tows come with the right to a post-storage hearing for the registered and legal owners.
- Request it within 10 days of the notice date. The hearing must then be held within 48 hours, excluding weekends and holidays.
- Private property tows and some abandoned vehicle removals are excluded.
- If the tow is found invalid, the agency pays the towing and storage costs.
Prepared by the TowCars team from the official California Vehicle Code and Civil Code text on leginfo.legislature.ca.gov. This is general information, not legal advice.
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