Tow from Private Property

[Andre252]

What is the name of your state? California
VC Section 22658


I live in a condo complex that has a large driveway leading to the front section of each block of condos, on the opposite side of the driveway are parking stalls. It is common practive for tenants to load/unload their cars by pulling up to the front section of the driveway, which is an illegal parking zone.

I was unloading groceries while parked there, was in my condo for no more than 5 minutes putting perishables away when i heard a noise outside and went out to see a tow truck hauling my car away.

A witness was present and said the driver had me hitched up and driving away within a minute or two...

I tried to chase him down but he ignored me, same eyewitness was present for that as well as some neighborhood kids. My windows were still down, the door had been adjar and items that needed to be unloaded were still in the car...

What i did is widely practiced among the complex tenants. The tow driver was insanely rude to me when i got to the tow yard and told him about all my attempts to kee[ him from leaving my complex.... "I could have had a gun or a knife" was his response... Would i have any chance under those circumstances in small claims court?

They had a picture of me blocking the stall so im screwed there.. but i was wondering if after explaining the situation and maybe bringing to court my witness and a few dozen pictures of people doing the same thing i might convince a judge to refund the impound fine.

Is it even worth looking into or should i just let it be?

Any advice you might be able to give me on this matter would be greatly appreciated. Thanks!

Andre

 

[CdwJava]

What is the name of your state? California

And your question is?

- Carl

 

[testedmonkey]

Snotty

i was wondering if after explaining the situation and maybe bringing to court my witness and a few dozen pictures of people doing the same thing i might convince a judge to refund the impound fine.

Is it even worth looking into or should i just let it be?
Andre

His question was pretty clear, Carl, no need to be snotty.

Andre252, it doesn't matter what is "common practice" in your condo complex, it matters what is legal. I doubt the judge wants to hear about how everyone else at your complex parks illegally. Might as well tell him that since it's common practice for some tenants in the complex to beat their wives, you figured it was okay to beat yours. Not that a parking violation ranks as high as spousal abuse, but you get my point.

Bottom line, you got caught doing something you knew you weren't supposed to do. Take your punishment.

 

[CdwJava]

His question was pretty clear, Carl, no need to be snotty.

Please note the timestamp of his Edit and note the time of MY post ... at the time of MY inquiry, all that was posted was what I quoted.

I have since answered his inquiry in PM.

- Carl

 

[Happy Trails]

His question was pretty clear, Carl, no need to be snotty.

Andre252, it doesn't matter what is "common practice" in your condo complex, it matters what is legal. I doubt the judge wants to hear about how everyone else at your complex parks illegally. Might as well tell him that since it's common practice for some tenants in the complex to beat their wives, you figured it was okay to beat yours. Not that a parking violation ranks as high as spousal abuse, but you get my point.

Bottom line, you got caught doing something you knew you weren't supposed to do. Take your punishment.

Did you look to see that the OP had edited their post after Carl had asked his question? Because Andre252 was missing some text.

EDIT: I didn't scroll down far enough to see Carl had already responded. Sorry, those red rectangles could be a little narrower.