When you prepare for the hearing, consider these four (4) questions:
- What kind of evidence will support my case?
- Will I want to bring a translator for the hearing?
- Will I want the officer who impounded my vehicle to be present at the hearing?
- When should I arrive at the hearing?
Again, the sole issue is whether the parking enforcement officer had reasonable cause to impound your car. To support your argument that the officer did not have reasonable cause, you must present at the hearing all available evidence and every argument that you believe supports your position. Evidence you bring may include, but is not limited to, records, documents, or testimony of witnesses. Bring all original documents (including the receipt from the tow yard if you have retrieved your vehicle) and a copy; the copy will be retained as part of the record. Any material admitted into evidence becomes a permanent part of the record and can not be returned. Video and audio evidence is not admissible unless the party can show that it is the only evidence that can demonstrate the fact trying to be established, and that the fact could not have been established by means of still photographs or other documentation.
The original or a copy of a report prepared by the impounding officer will be considered in addition to any other evidence presented by parking enforcement.
The hearing is less formal than court, but it is still a legal proceeding. All evidence must be submitted under oath, and everyone who appears at the hearing must treat everyone else at the hearing with courtesy and respect. The hearing examiner will not permit arguments back and forth directly between you and the officer or between anyone else appearing at the hearing. Also, the hearing examiner will take evidence relating only to the issue of whether the parking enforcement officer had reasonable cause to tow and impound your car.
Bringing a Translator
The City does not provide a translator for you, so it is your responsibility to make any necessary arrangements to bring a translator if you or your witness might have some difficulty testifying in English.
The City of West Hollywood is, however, obliged to provide a translator for those individuals who qualify under the Americans with Disabilities Act. If you or your witness need an American Sign Language interpreter, please contact the Legal Services Division at (323) 848-6481 as soon as possible so that arrangements may be made to have one available.
The Impounding Officer
You have the right to have the officer who impounded your vehicle attend the hearing. You do not, however, have the right to demand the presence of the tow truck driver or an officer employed by Parking Enforcement who did not order the impound of the vehicle in question.
Appear on Time
Be sure to attend the scheduled hearing on time; otherwise, a decision will be made dismissing your challenge. If your case is dismissed, the action taken to impound the vehicle would not be changed, nor will impound charges be waived or refunded.