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towing defenseUnited States · Boston, MADifficulty: Moderate

Boston Tow Hearing — Improper Predicate Citation

Under Boston Municipal Code and MGL c.266 §120D, a vehicle may not be towed by the City unless a valid predicate violation existed (e.g., posted no-parking, snow emergency, hydrant). Tow recipients have a right to a tow hearing at the Office of the Parking Clerk within 15 days. If the predicate citation is dismissed, the tow fee ($188 hook fee + storage) and citation must both be refunded. Boston's tow lot at 200 Frontage Road must release the vehicle on payment with the right to contest preserved.

Legal basis

MGL c.266 §120D; MGL c.40 §22D (towing authority); Boston Municipal Code 11-3

Sample appeal wording

Office of the Parking Clerk — Tow Hearing Request Re: Tow of plate [PLATE] on [DATE] from [LOCATION] / Citation #[TICKET] I request a tow hearing under MGL c.266 §120D and Boston Municipal Code. The predicate citation is invalid because [REASON: no posted sign / valid permit displayed / meter paid via ParkBoston / hydrant >20 ft]. I seek (1) dismissal of the citation, (2) refund of the $[TOW] hook fee and $[STORAGE] storage charges, (3) refund of any administrative fees. Enclosed: tow receipt, citation copy, photographs of parking location, [permit/meter receipt]. [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • MGL c.266 §120D
  • MGL c.40 §22D
  • Boston tow procedures — boston.gov

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