Illegal Tow?

[twinfallsguy]

What is the name of your state? CA

This weekend we had a graduation party at a local park for my wife. We had alot of things to unload from our vehicle afterwards and therefore backed into a parking spot at our apartment complex. The next morning we had plans to visit some relatives and upon reaching the parking lot noticed one of our vehicles was missing. Our apartment complex has resident only parking lots which require a parking permit, and since we have a Jeep Wrangler with the top off, I assumed the parking pass was stolen. So, I called the towing company and interrogated them only to find the vehicle was towed because it was backed into the parking space. $246 dollars to release the vehicle. (Backing in to a parking space is appearently against the apartment complex's rules).

The vehicle was towed on a patrol by Western Towing Company. I have been doing some research and from my understanding it is illegal for my vehicle to have been towed without written authorization from the property owner or an employee. Is this correct? California Vehicle Code 22658 L 1

I also have documentation that the vehicle was towed at 7pm May 21 and released at 1:40PM May 22, yet I was charged for 2 days storage. Does CVC 22658 I 2 not state storage charge may not be more than 1 day if released within 24 hours regardless of calendar date?

This is nothing but a scam to me and I intend to get to the bottom of it. It's not even about the money anymore, I just don't want them getting away with this!

[Crazed98]

I've seen in NJ at the company I work them towing cars like crazy people parked wrong, in unauthorized spots, stayed to long in the temporary 15 min spots, ect. Everytime they did it, it was seemed fun for them. But at the end of the day I would always see some woman with 2-3 kids asking for the police because someone "stole" her car.

They never tried to notify the people before they towed the vehicle. But then it would have been almost imposible to find the owner.

The towing company probobly is going by the calender dates because it took up room in their lot on the 21 and the 22. Most places aren't going to go by how many hours.

It's like renting a car if you rented it at 6pm on the 21st right before they close and bring it back 22nd at 6am when they open you will be charged for 2 full days when you have only had the car for 12 hours.

I agree it is a scam and wish you the best of luck trying to get out of it. Is there anyway you can prove that you had a parking permit in your car?

[Sockses]

I live at a California apartment complex and regularly park in a red zone, which the landlords have said is okay until they post a note on my car stating otherwise. Western towing came and picked up my car on a patrol, citing a "fire lane violation". According to the vehicle code, a fire lane violation has to be in a legally marked fire lane with signs stating that the area is a fire lane or the car is parked within 15 feet of a fire hydrant. Neither condition applies to where my vehicle was parked. I called my landlord, and they said they did not authorize the tow. I also talked to the police, who also said they had nothing to do with the tow. The fire department says they ticket, not tow, for fire lane violations.

The vehicle code additionally states that they have to give me a picture of the violation when I pick up the car, which they did not do. Western Towing's representatives are not answering my telephone calls. What should I do next? I feel like my car was stolen and held for ransom, and I'm angry enough to go to small claims or join a class action lawsuit just on principle.

[CdwJava]

If they are towing off of priovate property, and the police did not sign for the tow from the fire lane, then a representative of the property owner (manegr, etc.) should have been present to sign for the tow. If not, the towing agency could be liable for (I believe) at least three times the cost of the tow. Not to mention a possible civil suit.

- Carl

[racer72]

From what I have read, California does not have a predatory towing law. As long as there is signage present that states illegally parked vehicles will be towed and has the name and contact info of the towing company, the tows are considered legal. The signs are supplied by the towing company.

[CdwJava]

Originally Posted by racer72

From what I have read, California does not have a predatory towing law. As long as there is signage present that states illegally parked vehicles will be towed and has the name and contact info of the towing company, the tows are considered legal. The signs are supplied by the towing company.

But there are laws that cover tows from private property. And these generally require either a lawful impound by law enforcement (generally completed on a CHP-180 form) or the presence of the person causing the removal.

CVC 22658 says, in part:

(f) Any owner or person in lawful possession of any private
property, or an "association" pursuant to Section 22658.2, causing
the removal of a vehicle parked on that property shall state the
grounds for the removal of the vehicle if requested by the legal or
registered owner of that vehicle. Any towing company that removes a
vehicle from private property with the authorization of the property
owner or the property owner's agent shall not be held responsible in
any situation relating to the validity of the removal.

and,

(l) (1) A towing company shall not remove or commence the removal
of a vehicle from private property without first obtaining written
authorization from the property owner or lessee, or an employee or
agent thereof, who shall be present at the time of removal.
General authorization to remove or commence removal of a vehicle at the
towing company's discretion shall not be delegated to a towing
company or its affiliates except in the case of a vehicle unlawfully
parked within 15 feet of a fire hydrant or in a fire lane, or in a
manner which interferes with any entrance to, or exit from, the
private property.

A tow company can be granted discretion unless the vehicle is parked in a fire lane or near a hydrant, or is blocking the property. It is rare, but it IS possible that a property owner will have a prior arrangement with the tow company to do this. In all other cases, the agent must be present to authorize the removal of the vehicle.

- Carl