Removal of illegally parked car does not create lien.

- Where O.C.G.A. § 40-6-206 permits police officers to remove illegally parked automobiles to a garage or other place of safety, but does not specify whether a public or private garage, and does not state that the owner shall be liable for the costs of such removal and storage, and no specific authority is given the officers to impound the vehicle and the law is blank as to its ultimate disposition, the law does not create an agency relation between the police officers and the owner so as to form a contract for storage or towing charges; since the owner does not assent to this disposition of property, and no person authorized by law to act for the owner assents to it. Under these circumstances, no lien arises, and detention of the property by the garage against the demands of the owner amounts to a conversion. Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957).

Cited in Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948).

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, § 190 et seq.

C.J.S.

- 26B C.J.S., Depositaries, § 11 et seq.

ALR.

- Lien for towing or storage, ordered by public officer, of motor vehicle, 85 A.L.R.3d 199.