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Illegal towing from private property - civil remedy?

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R

rbtstr

Guest
What is the name of your state? California

I parked my car in an Officemax parking lot while shopping there. I purchased an item, but my friend and I decided to go to dinner and leave the car in the parking lot. We returned at 1:00am, but the car had been towed. We saw some police officers from Westminster nearby who told us that the tower informed them that Huntington Beach (a diffierent city) Police called in the tow. However, a call into Huntington Beach revealed that they had NOT called in the tow, and that the towing company towed the car of their own volition. The manager told us that they "scavenge" and tow cars off private property because they have a "contract."

The towing company has to report the tow to the Police department prior to towing. On the report, it stated that they towed the car because it was "customer parking only." Well, I was a customer and I purchased things at the store.

The towing company argued that when Officemax closed, I was no longer a customer, and therefore subject to towing even though no one filed a complaint, including the property owner.

I visited the parking lot, where some signs were posted saying "no overnight parking," however, these were poorly lit and not noticeable from where I parked. I did come back to pick up the car at 1:00am, and did not leave it there overnight nor did i have any intention of leaving it overnight.

The police said my only remedy is to file a civil suit. Can anyone help. Is there any other remedy? I'm out $165 cash, and a lot of wasted time. This is a lot of money for me, I am unemployed with no income.
 


stevek3

Member
rbtstr said:
What is the name of your state? California

I parked my car in an Officemax parking lot while shopping there. I purchased an item, but my friend and I decided to go to dinner and leave the car in the parking lot. We returned at 1:00am, but the car had been towed. We saw some police officers from Westminster nearby who told us that the tower informed them that Huntington Beach (a diffierent city) Police called in the tow. However, a call into Huntington Beach revealed that they had NOT called in the tow, and that the towing company towed the car of their own volition. The manager told us that they "scavenge" and tow cars off private property because they have a "contract."

The towing company has to report the tow to the Police department prior to towing. On the report, it stated that they towed the car because it was "customer parking only." Well, I was a customer and I purchased things at the store.

The towing company argued that when Officemax closed, I was no longer a customer, and therefore subject to towing even though no one filed a complaint, including the property owner.

I visited the parking lot, where some signs were posted saying "no overnight parking," however, these were poorly lit and not noticeable from where I parked. I did come back to pick up the car at 1:00am, and did not leave it there overnight nor did i have any intention of leaving it overnight.

The police said my only remedy is to file a civil suit. Can anyone help. Is there any other remedy? I'm out $165 cash, and a lot of wasted time. This is a lot of money for me, I am unemployed with no income.
You'll continue to be unemployed with no income if you continue to blame others for your own stupid actions. Bottom line: They're right, you're wrong. The next time you feel the need to eat for six hours, eat six hours worth of the bags of hard candy they sell inside Office Max.
 

racer72

Senior Member
Once you left the store, you ceased being a customer. You were a victim of predatory impounding and it is legal in California. My state banned the practice earlier this year.
 

stevek3

Member
racer72 said:
Once you left the store, you ceased being a customer. You were a victim of predatory impounding and it is legal in California. My state banned the practice earlier this year.
He wasn't a "victim" of anything. Read his post. The dufus was away eating tacos stuffed with caviar until 1:00 A.M. They could have just as easily towed his 1973 AMC Gremlin from the empty parking lot at 12:50 A.M.
 

CdwJava

Senior Member
racer72 said:
Once you left the store, you ceased being a customer. You were a victim of predatory impounding and it is legal in California. My state banned the practice earlier this year.
These laws exist to prevent retail shopping centers from becoming free parking lots for other venues, and sources of overnight and overflow parking for apartments and hotels.

Where I worked in So. Cal., it was common for attendees of downtown events to park in shopping centers (with proper signage) to avoid paying for parking in the pay lots or meters. Well, the property owners of a couple of the shopping centers contracted with a couple tow companies to sweep the lots after a certain time (usually three hours after the center closed). This practice removed a potential liability for the property owner, and allowed them to have ample parking in the morning for paying customers ... and at this time of year, parking can be at a premium in some places.

- Carl
 

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