Improper Tow Under Iowa Code §321.358 / §321.236 — Notice and Hearing
When a city or its contractor tows a vehicle for an alleged parking violation under Iowa Code §321.358 (stopping/standing/parking) or local ordinance authorized by §321.236, the tow must comply with constitutional and statutory due-process requirements: (1) statutorily-required notice posted on the vehicle (where applicable, e.g., snow ordinance, alternate-side, abandoned), (2) prompt post-tow notice to the registered owner, (3) opportunity for a hearing before the city or in district court before continuing to assess storage fees, and (4) reasonable storage and tow fees. Tows that occur without proper signage, without abandoned-vehicle notice (§321.89), or where the registered owner is not notified within statutory deadlines violate due process and the underlying citation/towing fees can be voided. Successful challenges have included recovery of tow and storage fees plus the underlying citation.
Legal basis
Iowa Code §321.358; §321.236(1)-(8); §321.89 (abandoned vehicles — notice and disposition); §321A (financial responsibility-related towing); Mathews v. Eldridge due-process framework
Sample appeal wording
[DATE] [CITY] Parking Division and Tow Hearing Officer [ADDRESS] Re: Tow and Citation #[CITATION_NUMBER] — [DATE] Vehicle: [VIN] / Plate [LICENSE_PLATE] I contest the underlying citation and the resulting tow and storage charges under Iowa Code §321.358, §321.236, and §321.89, and on due-process grounds. 1. Inadequate signage. The City did not post legible regulatory signage at the tow location as required by Iowa Code §321.255 and the Iowa MUTCD. Photographs (Exhibit A) show [SPECIFIC DEFECT]. 2. Lack of notice. I am the registered owner of record with the Iowa DOT at [ADDRESS]. The City failed to provide statutorily-required post-tow notice within [TIMEFRAME]; I first learned of the tow on [DATE] when [SOURCE]. 3. Abandoned-vehicle procedure. To the extent the City classified the vehicle as abandoned under §321.89, the statutory waiting period and notice requirements were not satisfied. 4. Reasonableness of fees. The tow and storage fees of $[AMOUNT] exceed reasonable rates under the City's published schedule and §321.90. I respectfully request dismissal of the underlying citation, refund of all tow and storage charges, and a statement of correction to my driving and ownership records. Sincerely, [NAME] [ADDRESS]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Iowa Code §321.358, §321.236, §321.89, §321.90
- Iowa MUTCD
- Mathews v. Eldridge, 424 U.S. 319 (1976)
- Stypmann v. City and County of San Francisco, 557 F.2d 1338 (9th Cir. 1977) (due-process tow precedent)