Car Towing Company Service - Rip Off - Advice Appreciated

[rational_guy]

What is the name of your state?
California - Orange County - Lake Forest

I would greatly appreciate your comments and advice on car towing company's rude and mean service rip off. I had my car towed away for having parked in a car wash area ~ 9.30 PM (09/03/05), the towing company has charged me $200 to collect the vechile. Here is the break up :

Acronym and terminlogy explanation would be greatly appreciated.

P.P.I - $100
GO JAKS - $ 20
Storage - $ 20 (1 day) - however collected the car within 15 minutes of having towed.

Gate Fee - $60

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Total - $200
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The attendant aware of me being a foreigner was very rude and mean, the distance of the vechile towed could be just 5 miles. Since I had no registration papers in the car had to enter the premises for the second time and have been charged with gate fee twise, the irony is without entering the gate there was no way to transact. Is this normal or am I being ripped off?

I would presume any time a vechile is towed there should be 24/7 service to collect the vechile, is gate fee common?

Is it worth pursuing the issue in small claims court? Any advice or comments would be greatly appreciated?

Thanks
sf

[pojo2]

Sure you can go to samall claims but get ready to be laughed out of the court room!

PAY

[rational_guy]

Its not the issue of being laughed, am I being overcharged. Are all victims exploited? if so I don't mind going to court to just to make sure they think twise before charging the next victim, I have to small claims court for being over charged on my apartment deposit when moving out. It was just a few hundred dollars, but felt exploited and had preferred to pay the winning towards charity rather than end up paying greedy exploitors.

I won my case in CA court for a few hundred dollars, no one ever encouraged me to go to court, but were suprised by the decision and wanted me post the details of my case on the internet to be of help for others.

[pojo2]

A moving out deposit is a subjective amount what someone charges for SERVICES is usually up to them unless the fee is prohibited or mandated by law.

Your fee sounds rather low to me and would cost you app 100 more in my area if not 200 more.

YOU illegally parked and YOU are a victim? Nay.

And people go to court over deposits all the time so you did not have in any way, shape, form or fashion a unique court session with yours. Sorry to burst the bubble.

[rational_guy]

You have not responded to my very basic question, am I being overcharged?

Not sure what P.P.I stands for : $100
Storage Fee : $ 20 ( I should be charged by the hour not by the day, as I had collected the car within 1 hour of being towed)
Gate Fee : 2 x 30 = $60 ( without entering the gate how could you transact, when a vechile is towed is there a law that states you would need to collect the vechile back on a working day between 9 - 5pm? Its ridiculous for people to pay a gate fee?)

My posting had nothing to do with the car parking voilation, all I was asking was I am being ripped off by the towing company? Kindly refrain from providing bad advise, I was compensated for my time and court fee against the deposit case.

[CdwJava]

Originally Posted by rational_guy

You have not responded to my very basic question, am I being overcharged?

No. The standard even 5 years ago would have $195 in San Diego ... inflation apparently hasn't caught up with your area.

Not sure what P.P.I stands for : $100

"Private Property Impound" ... the vehicle was apparently impounded pursuant to CVC 22658. You might want to look up the section in the vehicle code, because if the lot was not properly signed, and the owner's representative was not present to sign for the tow, someone could be liable for triple your damages pursuant to that same section.

Storage Fee: $ 20 ( I should be charged by the hour not by the day, as I had collected the car within 1 hour of being towed)

They don't measure by the hour. This is standard.

Gate Fee: 2 x 30 = $60 ( without entering the gate how could you transact, when a vechile is towed is there a law that states you would need to collect the vechile back on a working day between 9 - 5pm? Its ridiculous for people to pay a gate fee?)

This is probably the fee for having someone come in after hours to release you car. Again, this is normal. Heck, in my part of the state the gate fee is $75 I believe.

- Carl

[rational_guy]

Thank you Sir for the very detailed response, it certainly does answer all my doubts and apprehension about exploitation/discrimination. Your timely response is greatly appreciated.

[pojo2]

>>You have not responded to my very basic question, am I being overcharged?<<

Yes, I did I as the previous poster, told you are getting off cheap.

But your deposit case is as common as the cold.!

[jstevens291]

I was quoted $295 to pick up my car from Angelo Towing in San Diego, CA.
This does seem excessive. I will find out tomorrow if I can get that reduced.

I asked the San Diego police department what they would charge, and was told that the police department doesn't set any price, the unhappy towee instead deals directly with the towing company. I was basically told that the towing company can charge whatever they want.

I was hoping to determine what the police department charges since it states in vehicle code 22658:
A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge is greater than that which would have been charged for towing or storage, or both, made at the request of a law enforcement agency under an agreement between the law enforcement agency and a towing company in the city or county in which is located the private property from which the vehicel was, or was attempted to be, removed.

From the parking lot where I was towed, there were several other cars that were towed as well. This was the parking lot of La Fuente at 1227 University Ave. San Diego CA 92103.
It does kind of make you wonder if there's any kickback from Angelo's Auto Towing (Angelo's Auto Towing 2002 Newton Ave San Diego, CA 92113 (619) 702-8888) and La Fuente restaurant?

La Fuente, a fast food restaurants, has a parking lot that is mostly empty. It is right next to a popular Wine Bar called Wine Steals, located at 1243 University Ave., San Diego, CA 92103. It is easy to park in the La Fuente parking lot, and think you are actually in the Wine Steals parking lot.

Thanks CdwJava for an informative response. It will help me understand the charges when I pick up my car tomorrow. And Rational_Guy, I understand your concern. I feel like I am getting ripped off big time. It's very frustrating when the law is so loose regarding what towing companies can charge. Seems like one big rip off to me.

[CdwJava]

Originally Posted by jstevens291

I was quoted $295 to pick up my car from Angelo Towing in San Diego, CA.
This does seem excessive. I will find out tomorrow if I can get that reduced.

Find out from whom?

If it's $295 for three days or so - including the agency release fee for SDPD - then this seems about right.

I was basically told that the towing company can charge whatever they want.

Actually, that's not quite true. If it was a police department impound then the rate is subject to the contractual rate ... I believe it cannot exceed $35 per day, but it has been a while since I was privy to these negotiations in San Diego.

I was hoping to determine what the police department charges since it states in vehicle code 22658:

The police department is not involved in private property impounds pursuant to CVC 22658. That one is between you, the tow company and the property owner ... and maybe the lawyers.

It does kind of make you wonder if there's any kickback from Angelo's Auto Towing (Angelo's Auto Towing 2002 Newton Ave San Diego, CA 92113 (619) 702-8888) and La Fuente restaurant?

Doubtful. How long were you parked there? And, if i recall correctly, that parking lot is clearly posted.

La Fuente, a fast food restaurants, has a parking lot that is mostly empty.

Irrelevant.

It is right next to a popular Wine Bar called Wine Steals, located at 1243 University Ave., San Diego, CA 92103. It is easy to park in the La Fuente parking lot, and think you are actually in the Wine Steals parking lot.

Hmmm ... maybe. But, as I said, I believe the lot is clearly posted. And I can't imagine that if you were simply in the lot for a couple hours to eat or drink that you got towed. It must have been later than that ... or well after La Fuente's closing time.

It's very frustrating when the law is so loose regarding what towing companies can charge. Seems like one big rip off to me.

Actually, it's really not all that loose - it IS governed by law. I don't have that information at my fingertips, but there are maximum charges they can assess.

And if this was a private property impound, then I can see this being about 5 days or more. $295 for a one day impound WOULD be excessive, I would think.

- Carl

[jstevens291]

I picked up my car today. These are the charges.

Tow & Hook up - $160
Dollies - $50
Labor - $50
Storage $35

Total Charges: $295

This was a private property impound. The time between the car getting towed and when I picked it up was less than 24 hours.

Couple of other points. I tried to pay by credit card, but they wouldn't accept because their credit card machine was broken. So I had to pay by debit card instead. In the vehicle code 22658 it says they must accept any valid credit card, else they are liable for four times the amount charged, up to $500.

Second item - I asked to see the paperwork showing written authorization from the property owner or lessee where my card was towed. They claimed they had the paperwork, but wouldn't show it to me.

Do I have any case for taking Angelo's towing to small claims court? Excessive fees? Not able to accept my credit card? They wouldn't show the paperwork?

[EvilWizard]

Read this: [url]http://caselaw.lp.findlaw.com/data2/californiastatecases/a089493.doc[/url]

Also side note not sure if it was mentioned, but the owner of the property that you were towed from has to be present at the time of the tow.

[CdwJava]

Originally Posted by EvilWizard

Read this: [url]http://caselaw.lp.findlaw.com/data2/californiastatecases/a089493.doc[/url]

Also side note not sure if it was mentioned, but the owner of the property that you were towed from has to be present at the time of the tow.

The owner or his representative (agent or employee).

It is VERY possible that the tow company is pulling a fast one and that they and/or the restaurant owner are potentially in hot water here. Note section (i) where it says they cannot charge a rate greater than that for which tow companies are contracted to tow for the police. Unless the contracts have changed greatly in 4 years, this is excessive ... though the dolly fee is new to me.

Also note sections (e) and (f) where the property owner is supposed to provide you with grounds for the tow. Have you spoken to the restaurant management yet?

I'd say that you have a good, clear small claims action against them. Read section 22658 in entirety and identify those areas that they did not apparently comply with. You might consider consulting an attorney, but that might cost you more than you are permitted to receive.

You should probably press the restaurant to cover your costs or they can help pay all the penalties you can identify.

- Carl

[EvilWizard]

I really wish I had read these forums and subsequently learned of that code years ago lol. First time seeing it was today and in my mind I heard Homer say "Doht!"

[jstevens291]

Found this website: [url]http://www.startow.com/towed.htm[/url]
It does seems that they overcharged me when you compare to the prices listed.