Millbrae C.A.-abandoned vehicle policy and vulnerable individuals

Dear citizens of Millbrae/The Silicon Valley,

I want to bring to your attention to a city policy that needs serious consideration in how it is enforced and implemented. The law/policy I am talking about is California Vehicle Code 22651(k). This code states the following:

“a police officer has the legal right to remove any vehicle that has been parked on a highway for more than 72 consecutive hours. Cars parked on the street for more than 72 hours also will be considered abandoned under California law.”

I must say I had never heard of this law before (and I’ve worked in law) I parked and subsequently had my car impounded in the City of Millbrae. However after losing my car to it, I am now well aware of the fact that there does not even need to be a visible “no/limited parking street sign” in order for it to be impounded. While, I can try to understand the rationale of such a law, I want to bring attention to the way it was and is applied particularly in your city.

In October 2012, I parked my car on a residential street (Poplar Ave.) in Millbrae because I was headed to San Francisco (where I couldn’t afford parking) to look for work and apply for jobs. I stayed with my friend and on the street (again I couldn’t afford a hotel) for five days while inquiring about employment opportunities and seeking social service benefits.

When I arrived back after being unable to find work, I found that my car was gone. Not understanding why or how this could happen and already being in a physically and mentally traumatized state I tried to seek out answers. I eventually connected with the Millbrae police department and asked them the whereabouts of my vehicle, they told me it had been impounded for a parking violation. I responded that I didn’t know how this was possible since there were no visible “no/limited parking signs” on Poplar Ave when I first parked the car there. The City of Millbrae police representative replied that there didn’t have to be a sign that a car could be reported as abandoned at any time and within 72 hours afterwards the owner had to move it or it could be impounded.

In addition, I also let them know that at the time I was homeless and had important personal and professional legal documents that I needed in the vehicle. They replied that it did not matter and said that if I wanted to retrieve it I had to pay the impounding costs and fees. I asked them how much that would be. They replied that they did not know and gave me the phone number for the third-party impound service. I told them I was worried since I was homeless and had virtually no money or resources to my name; as well as that the car had been parked there for less than a week. In addition, I told them that it contained critical documents and personal information which I needed. They said it did not matter to them and that I should contact the contracted impounding agency. I told them I would.

I contacted the impoundment lot and explained my personal financial situation to them. They told me that the cost in order to retrieve the car would be $700. I told them that there was no way I could afford that since I was currently unemployed and homeless. They said it didn’t matter and that besides having possession of my car they were also going to put a lien on my credit. I asked and pleaded with them if there was anything I could do they said come up with $200? and sign the pink slip of the car over to them. Being vulnerable, in a traumatized state with very little resources I told them I would try to come up with the money. Eventually thanks to a personal loan of a friend and the little savings I had I was able to come up with the $200, lose/sign over my car and at least stop the lien.

This experience largely caused and influenced by the City of Millbrae’s police department has affected me in a number of ways. First, because of the car impoundment I lost several important personal and professional documents that I will never get back. Second, immediately after losing my car I was forced to sleep on the streets since all of the local shelters were full. Third, it was a particularly valuable resource to me given my economic (homeless) and professional (unemployed) position at the time.

I am aware that a decent amount of time has passed since this incident. Yet, I still feel the effects of it to this day. It with this experience and perspective that I ask you to urge your city to reconsider how your city and police force implements the “72 hour parking” rule, I request that when seizing someone’s vehicle you at least allow them a 5 day grace period from when the notice is given. Also, when enforcing California Vehicle Code 22651(k). I think it would be fair to take into consideration the economic and personal circumstances of the owner of the vehicle which you are impounding. I feel that it is astoundingly cruel to take the last of what little resources someone in a vulnerable state has.

As I mentioned, I was made perfectly clear what the vehicle code stated when my car was taken; however there are other ways to handle the situation, cities such as Seattle are implementing protection for homeless individuals making sure they don’t have their car impounded because it is reported as abandoned. I encourage you to follow this lead, I noticed on Millbrae's police department website it encourages individuals to report “abandoned vehicles” (which I did not and would not consider mine or a similar one to be) and lists the direct number. To me, this seems like an excessive encouragement of the existing policy. I believe it would be better for the city to not list the number on the website and take into account individual circumstances when deciding whether to cite/impound. I am an honest hardworking American who has given back and served this community and to be treated in such an inconsiderate way was and is extremely disappointing.

I encourage you to please reevaluate your enforcement of codes/policies in a more considerate and humane way which seeks to help vulnerable individuals rather than punish them and bring even greater harm and difficulty to their lives.

Sincerely,

Zachary Bowin