Car Towed from Apartment complex

[rjhmap]

What is the name of your state (only U.S. law)? California

I was in the parking lot of the City View Apartment Homes (Hayward, CA) with my friend, a Resident at the time and found that someone had parked in his reserved parking spot. We tracked down the security guard and he said to park over by the maintenance shed. He said he would let them know its OK that my car was there, as long as I was only parked there for 1 day. The next morning I walked to the spot where my car was parked to discover it gone. I went to the apartment complex office and they said they specifically had my car towed and gave me 2 hrs notice. There are no signs around that area stating that was for maintenance workers only. I had to go pay almost $300 to get my car out of tow that same day. On my car they posted a sticker on the driver side window stating that my car would be towed in 24 hours if not moved. But they towed it in 2 hours. I found CVC 22658(a): [url=http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm]V.C. Section 22658 - Removal From Private Property[/url]

I believe they did not follow the law by only giving me 2 hours notice. I file a Small Claims Court case against the management company right?

Any and all help will needed.

[HomeGuru]

Originally Posted by rjhmap

What is the name of your state (only U.S. law)? California

I was in the parking lot of the City View Apartment Homes (Hayward, CA) with my friend, a Resident at the time and found that someone had parked in his reserved parking spot. We tracked down the security guard and he said to park over by the maintenance shed. He said he would let them know its OK that my car was there, as long as I was only parked there for 1 day. The next morning I walked to the spot where my car was parked to discover it gone. I went to the apartment complex office and they said they specifically had my car towed and gave me 2 hrs notice. There are no signs around that area stating that was for maintenance workers only. I had to go pay almost $300 to get my car out of tow that same day. On my car they posted a sticker on the driver side window stating that my car would be towed in 24 hours if not moved. But they towed it in 2 hours. I found CVC 22658(a): [url=http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm]V.C. Section 22658 - Removal From Private Property[/url]

I believe they did not follow the law by only giving me 2 hours notice. I file a Small Claims Court case against the management company right?

Any and all help will needed.

**A: please let us know the outcome of your case.

[rjhmap]

Originally Posted by HomeGuru

**A: please let us know the outcome of your case.

I am filling the case today. According to the law they were required to wait the full 24 hours not 2. So I should win, I think.

[patstew]

Originally Posted by rjhmap

I am filling the case today. According to the law they were required to wait the full 24 hours not 2. So I should win, I think.

Better check the dates and times that are involved and make DANG sure that it was actually two hours. Couldn't hurt to find the guy who told you to park there, either.

[CdwJava]

Where do you get that they have to wait 24 hours?

You may have a civil case for the return of your tow and storage fees and a penalty based upon the security guard's verbal permission, but 22658 does not require they wait 24 hours to tow a vehicle if the complex is otherwise properly signed and the procedures under 22658 have been otherwise adhered to.

- Carl

[rjhmap]

Originally Posted by CdwJava

Where do you get that they have to wait 24 hours?

You may have a civil case for the return of your tow and storage fees and a penalty based upon the security guard's verbal permission, but 22658 does not require they wait 24 hours to tow a vehicle if the complex is otherwise properly signed and the procedures under 22658 have been otherwise adhered to.

- Carl

The signs say if your parked in a permit required area without a permit you will be towed. But the area I parked in was 3 separate parking spots next to a permit required spots, and they used to be open spots for guests. Then they just spray paint the word "maintenance" on the ground about 18 inches long. But there were no signs indicating those spots were for maintenance only now. And at night (I didn't get there till almost midnight) you can't see it. At night it looks like open/guest parking.

Let me know if you are confused about any part of this.

Thanks!

[Zigner]

Originally Posted by rjhmap

The signs say if your parked in a permit required area without a permit you will be towed. But the area I parked in was 3 separate parking spots next to a permit required spots, and they used to be open spots for guests. Then they just spray paint the word "maintenance" on the ground about 18 inches long. But there were no signs indicating those spots were for maintenance only now. And at night (I didn't get there till almost midnight) you can't see it. At night it looks like open/guest parking.

Let me know if you are confused about any part of this.

Thanks!

YOU are the one who is confused. You weren't improperly towed insofar as the cited code section is concerned. You really need to concentrate on the verbal permission you received...

[rjhmap]

Originally Posted by Zigner

YOU are the one who is confused. You weren't improperly towed insofar as the cited code section is concerned. You really need to concentrate on the verbal permission you received...

The reason I had to park my car in that spot was due to the fact that someone had parked in my friends spot (which he pays a monthly fee). They do not issue parking permits or stickers so people routinely park in other people's spot. I was helping my friend move, so we left his car at my house and drove mine to his complex. Someone was in his spot. They said they would sticker that car and tow it in 24 hours. And because of this they said "Go park over there." I figured since I would be leaving in the morning I would be fine. Well they put a sticker that car then turn around and sticker my car too. Both stickers said you have 24 hours to move your car. Well they gave that other car 24 hours, they towed me ONE hour after they put a sticker on my car.

Also: the security guard who said I could park in the spot I did, is claiming he never said that. When I asked the manager about why he said that she said "No one would say that!" She was beyond rude. Well I have a witness but I'm having trouble getting his name. No one will tell me the name of the guard working that night. Any ideas? The complex is over an hour away so I can't just drive by looking for him.

Thanks for the help.

[HomeGuru]

Originally Posted by rjhmap

The reason I had to park my car in that spot was due to the fact that someone had parked in my friends spot (which he pays a monthly fee). They do not issue parking permits or stickers so people routinely park in other people's spot. I was helping my friend move, so we left his car at my house and drove mine to his complex. Someone was in his spot. They said they would sticker that car and tow it in 24 hours. And because of this they said "Go park over there." I figured since I would be leaving in the morning I would be fine. Well they put a sticker that car then turn around and sticker my car too. Both stickers said you have 24 hours to move your car. Well they gave that other car 24 hours, they towed me ONE hour after they put a sticker on my car.

Also: the security guard who said I could park in the spot I did, is claiming he never said that. When I asked the manager about why he said that she said "No one would say that!" She was beyond rude. Well I have a witness but I'm having trouble getting his name. No one will tell me the name of the guard working that night. Any ideas? The complex is over an hour away so I can't just drive by looking for him.

Thanks for the help.

**A: stop getting emotional and stick to the facts at hand.

[Zigner]

Originally Posted by rjhmap

The reason I had to park my car in that spot was due to the fact that someone had parked in my friends spot (which he pays a monthly fee). They do not issue parking permits or stickers so people routinely park in other people's spot. I was helping my friend move, so we left his car at my house and drove mine to his complex. Someone was in his spot. They said they would sticker that car and tow it in 24 hours. And because of this they said "Go park over there." I figured since I would be leaving in the morning I would be fine. Well they put a sticker that car then turn around and sticker my car too. Both stickers said you have 24 hours to move your car. Well they gave that other car 24 hours, they towed me ONE hour after they put a sticker on my car.

Also: the security guard who said I could park in the spot I did, is claiming he never said that. When I asked the manager about why he said that she said "No one would say that!" She was beyond rude. Well I have a witness but I'm having trouble getting his name. No one will tell me the name of the guard working that night. Any ideas? The complex is over an hour away so I can't just drive by looking for him.

Thanks for the help.

You weren't improperly towed insofar as the cited code section is concerned. You really need to concentrate on the verbal permission you received...

[rjhmap]

Originally Posted by Zigner

You weren't improperly towed insofar as the cited code section is concerned. You really need to concentrate on the verbal permission you received...

The judge ruled in my favor. He didn't give me double like the law states, but I did get what I spent. I don't know why you think I was in the wrong, but the judge agrees with me.

The best part was the apartment complex lied, and tried to make up new "restricted" parking spots where I was parked. But the Judge caught them in a lie. They tried to say that they painted "restricted" on the spot where I was and thats why they had me towed. Well they took pictures the day before the trial and said that thats what it always looked like. I had pictures of the parking spot from month ago and the maintenance man admitted painting it the day before the trial.

So if anyone had their car towed from an apartment complex, try to get your money back.

[Zigner]

Congratulations.
Did you let the judge know you had permission?
You DO realize that NOBODY said you didn't have a case, right?

Originally Posted by rjhmap

The judge ruled in my favor. He didn't give me double like the law states, but I did get what I spent. I don't know why you think I was in the wrong, but the judge agrees with me.

The best part was the apartment complex lied, and tried to make up new "restricted" parking spots where I was parked. But the Judge caught them in a lie. They tried to say that they painted "restricted" on the spot where I was and thats why they had me towed. Well they took pictures the day before the trial and said that thats what it always looked like. I had pictures of the parking spot from month ago and the maintenance man admitted painting it the day before the trial.

So if anyone had their car towed from an apartment complex, try to get your money back.

[CdwJava]

Congratulations!

Did you get any award from them?

- Carl