• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car Towed From My Own Apt Complex

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ec_85

Junior Member
What is the name of your state (only U.S. law)? CA

My car was towed from my own apartment complex because it was not displaying the proper guest permit.

I have asked the property manager to make an exception to the parking regulations since I'm a resident and the regulation is meant for non-residents. However, she was not wanting to issue a reimbursement of the towing charge, $315.

Looking into the CA towing laws from private property I believe the towing of my vehicle was in violation of two CVC's. CVC § 22658(m)(3) and CVC § 22658(f). The property manager or employee did not notify the local authorities after authorizing the tow. And the tow company did not contact the local authorities within 30 min from when the vehicle was removed. The tow company contacted the local police around 45 min after. Violating CVC § 22658(m)(3) is an infraction - is the punishment up to $1000? Violating CVC § 22658(f) may require the towing company to owe up to three times the towing charge to the vehicles owner.

My property manager told me that the property owner or employee no longer has to notify the local authorities after the tow authorization has been given. Is this true?

I understand that I was in violation of my apt. complex's parking regulations. However, I don't believe it's right that my complex tows resident vehicles to teach the residents not to park in guest parking (said by the manager). So I am trying to find anything unlawful that the apt complex or towing company may have done so I can get reimbursed for the towing charge.

If I take this to small claims court (which I do not want to do) do you think I will be able to recoup the towing charges, even though, I was in violation of my apt's parking regulations, since both the complex and towing company did not report the tow within the lawful time limit?

Thank you in advance for your help.
 
Last edited:


CdwJava

Senior Member
Would there have any difference had the local PD been notified in 30 minutes compared to 45 minutes? Did you try and report it as stolen during that 15 minute block of time?

While you may be technically able to receive three times the cost of the tow and impound, this clock starts from the time the vehicle is removed and in transit. Do you know for certain what time the tow left the property and what time it was WAS report to the local law enforcement agency?
 

ec_85

Junior Member
Would there have any difference had the local PD been notified in 30 minutes compared to 45 minutes? Did you try and report it as stolen during that 15 minute block of time?

While you may be technically able to receive three times the cost of the tow and impound, this clock starts from the time the vehicle is removed and in transit. Do you know for certain what time the tow left the property and what time it was WAS report to the local law enforcement agency?
There would have been no difference had the local PD been notified in 30 min rather than 45 min. I did not try to report the vehicle stolen. I noticed the vehicle was gone in the morning at 5 am.

Yes, I know for certain what time the tow left the property and what time it was reported. The time of removal is clearly shown on the copy of the tow authorization form that I received. I called the local PD recorder line and verified when the call was placed. So I know for certain that It was past the 30 min mark.

I understand that I was in violation of my apartment complex's parking regulations. And it is unfortunate that the property manager is so staunch on enforcing the policy. After asking nicely for a reimbursement failed, I looked into the parking laws to try and see if they did anything unlawfully. The property manager/employee did not notify the local authorities after authorizing the tow. The leasing manager said this no longer needs to be done, but the CVC states otherwise.

I don't want to go after the towing company, because they were just doing what the security guard authorized them to do. I think it's wrong that my apt complex enforces this policy on their own residents. But I understand that it is their policy. Ultimately I just want my money back for the towing charge.
 

CdwJava

Senior Member
There would have been no difference had the local PD been notified in 30 min rather than 45 min. I did not try to report the vehicle stolen. I noticed the vehicle was gone in the morning at 5 am.

Yes, I know for certain what time the tow left the property and what time it was reported. The time of removal is clearly shown on the copy of the tow authorization form that I received. I called the local PD recorder line and verified when the call was placed. So I know for certain that It was past the 30 min mark.
Well, you can try to sue them in Small Claims court, but, I anticipate that the tow company will argue that the time on the sheet is the time they arrived or some such thing and that the time they departed was something else within that 30 minute mark. But, if it's worth the time off work and the filing fee to pursue, that's your prerogative.

The property manager/employee did not notify the local authorities after authorizing the tow. The leasing manager said this no longer needs to be done, but the CVC states otherwise.
Well, that notification is the responsibility of the towing company, not the management.

I don't want to go after the towing company, because they were just doing what the security guard authorized them to do. I think it's wrong that my apt complex enforces this policy on their own residents. But I understand that it is their policy. Ultimately I just want my money back for the towing charge.
Then you'll have to go after the towing company if this 45 minute delay is what you are hanging your hat on. It's weak, and I don't know that a judge will side with you simply because the letter of the law was violated in this instance, but, maybe. As I said, you lose only a couple of days or more off of work and a filing fee.
 
I understand that I was in violation of my apt. complex's parking regulations. However, I don't believe it's right that my complex tows resident vehicles to teach the residents not to park in guest parking (said by the manager). So I am trying to find anything unlawful that the apt complex or towing company may have done so I can get reimbursed for the towing charge.
If you understand, then there is no "however." Sorry, this one's on you.
 

ec_85

Junior Member
This is a free legal advice forum and you've managed to provide absolutely no legal advice. This forum can do without your snide remarks.

Why is that?
Because, guest parking is to be used by residents and their guests. I shouldn't have to worry about getting towed in my own complex.

I was visiting a friend today and as I was pulling into his complex he told me to park in the guest parking spots. I asked him, "you don't need a guest permit?" He said "No, its guest parking."

What a mind blowing concept.

The parking policy exists to prevent non-residents from abusing the guest parking (as it was before the policy existed). "The parking policy is not meant to tow resident vehicles and it is unfortunate when it does happen." Said by the apt manager. They refunded $130 from the tow charge giving me a "resident discount." They should have refunded the full amount.

So you think that if you live there you can do anything you want with impunity?
You are drawing conclusions based on your own opinions. "Anything you want with impunity?" No, and I never implied this. But in regards to parking and being able to park in my own complex's guest parking without being towed, yes.

What an entitled attitude.
Sure, its guest parking.
 

CdwJava

Senior Member
I'm curious ... since you are a tenant, why didn't you park in your assigned parking space?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top