Due Process — No Pre-Tow Notice on Public Way
When a vehicle is towed from a public way for a non-emergency reason (expired registration discovered by plate reader, accumulated unpaid tickets), due process requires reasonable notice before deprivation under Mathews v. Eldridge and Mass. Const. Art. XII. Massachusetts case law (Caravaggio v. D'Agostini, etc.) suggests a pre-deprivation hearing right where exigency is absent. Useful to challenge 'scofflaw' tows where the cited unpaid tickets are themselves disputed.
Legal basis
Mass. Const. Art. XII; U.S. Const. Amend. XIV; Mathews v. Eldridge, 424 U.S. 319 (1976); MGL c.90 §22A
Sample appeal wording
Office of the Parking Clerk / Tow Hearing Re: Scofflaw tow of plate [PLATE] on [DATE] My vehicle was towed under the City's scofflaw program based on [N] alleged prior citations. No pre-tow written notice with right to hearing was provided. Under Mathews v. Eldridge and Article XII Mass. Const., a pre-deprivation hearing is required absent exigency. The City's failure to provide such notice violates due process. Additionally, citations [LIST] are themselves disputed and pending appeal. I request: voiding of tow, refund of all fees, and stay of underlying citations pending adjudication. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Mathews v. Eldridge
- Mass. Const. Art. XII
- MGL c.90 §22A