Illegally towed...

[wendys8861]

What is the name of your state? CA

I have resided in an apartment complex for nearly 1 year. The complex has some covered spaces for tenants and some garages. We have and pay extra for a garage, so we don't get an assigned parking spot. Our garage can only accomodate 1 car which my roommate uses. There is an area near our garbage dumpsters that is clearly painted as 3 parking spaces. They do, however, have a red curb.

Prior to moving in to the complex, I asked our apartment management about those spots as I had noticed the curb was red, but people were using them. I was informed by management that it was okay to use these parking spaces. Subsequently, myself and many of my neighbors use these spots to park in and there's never been a problem. There are no signs posted whatsoever.

Last night, upon arriving home, One of the 3 spots was available. I pulled my car in between 2 trucks. This morning, I went to go to work and my car and one of the trucks was gone. It had been towed as well as mine. The other truck was still there.

I talked to management and our security who informed me that they did NOT authorize this tow and were told that the towing company sometimes will drive through our apartment complex "looking" for stuff to tow. I guess last night was a slow night.

Anyway, it set me back $170 to get my car back - This amount seems exorbinant. I had no alternative but to put it on a credit card (which I can dispute if needed).

Does this sound like an illegal tow to me? Again, this spot has been used by many tenants on many occasions and we have permission from management to park there.

Any words of wisdom?

Thanks
Wendy

[Happy Trails]

Originally Posted by wendys8861

What is the name of your state? CA

I have resided in an apartment complex for nearly 1 year. The complex has some covered spaces for tenants and some garages. We have and pay extra for a garage, so we don't get an assigned parking spot. Our garage can only accomodate 1 car which my roommate uses. There is an area near our garbage dumpsters that is clearly painted as 3 parking spaces. They do, however, have a red curb.

Prior to moving in to the complex, I asked our apartment management about those spots as I had noticed the curb was red, but people were using them. I was informed by management that it was okay to use these parking spaces. Subsequently, myself and many of my neighbors use these spots to park in and there's never been a problem. There are no signs posted whatsoever.

Last night, upon arriving home, One of the 3 spots was available. I pulled my car in between 2 trucks. This morning, I went to go to work and my car and one of the trucks was gone. It had been towed as well as mine. The other truck was still there.

I talked to management and our security who informed me that they did NOT authorize this tow and were told that the towing company sometimes will drive through our apartment complex "looking" for stuff to tow. I guess last night was a slow night.

Anyway, it set me back $170 to get my car back - This amount seems exorbinant. I had no alternative but to put it on a credit card (which I can dispute if needed).

Does this sound like an illegal tow to me? Again, this spot has been used by many tenants on many occasions and we have permission from management to park there.

Any words of wisdom?

Thanks
Wendy

Not the words of wisdon you want to here.....

Move on and don't park there anymore.

[url]http://www.dmv.ca.gov/pubs/hdbk/pgs29thru31.htm[/url]

[wendys8861]

Originally Posted by Happy Trails

Not the words of wisdon you want to here.....

Move on and don't park there anymore.

[url]http://www.dmv.ca.gov/pubs/hdbk/pgs29thru31.htm[/url]

OK, my question is really this....if management authorizes tenants to park in these spots, even though the curb is red, can any towing company just arbitrarily come in to the complex and tow whichever vehicles are in violation anytime they want?

They only towed 2 of the 3 vehicles which were parked there (why didn't they tow ALL of us in the red curb area?) and they failed to tow or site a single vehicle that was illegally parked in handicapped spots.

I just feel that because we have permission from on-site management to park there, and it's private property, that it should be okay.

Thanks for the info anyway.

[Ohreallynow?]

Originally Posted by Happy Trails

Not the words of wisdon you want to here.....

Move on and don't park there anymore.

[url]http://www.dmv.ca.gov/pubs/hdbk/pgs29thru31.htm[/url]

Happy Trails, are we sure about that?

If you look at CVC 22658 downs about L (l) there are some rules for towing away vehicles on private property no matter what.


[url]http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=67856122796+0+0+0&WAISaction=retrieve[/url]

tell me what ya think?

[CdwJava]

This sounds like an illegal tow to me. If the management was not present and did not authorize the tow, the tow company can be held liable. Additionally, the property owner COULD be held liable as well if they are permitting this from happening in such an arbitrary fashion.

Take a look at the previously mentioned CVC 22658.

- Carl

[Happy Trails]

Originally Posted by wendys8861

OK, my question is really this....if management authorizes tenants to park in these spots, even though the curb is red, can any towing company just arbitrarily come in to the complex and tow whichever vehicles are in violation anytime they want? ***Management should not tell people that.

They only towed 2 of the 3 vehicles which were parked there (why didn't they tow ALL of us in the red curb area?) and they failed to tow or site a single vehicle that was illegally parked in handicapped spots. ***I can't answer that. Perhaps they didn't have time to come back and get the others.

I just feel that because we have permission from on-site management to park there, and it's private property, that it should be okay. ***Unfortunately, they didn't have the authority to give you perminssion.

Thanks for the info anyway.

Another info. link: [url]http://www.caldrive.com/parking.html[/url]

[Happy Trails]

Originally Posted by CdwJava

This sounds like an illegal tow to me. If the management was not present and did not authorize the tow, the tow company can be held liable. Additionally, the property owner COULD be held liable as well if they are permitting this from happening in such an arbitrary fashion.

Take a look at the previously mentioned CVC 22658.

- Carl

Carl definately knows California statutes better than me. If he believes it was an illegal tow, then I would take his word for it.

In the second link I provided, it stated that private parking lots are commonly marked with colors and what those colors mean. If the towing company does not have the authority to go on to private property, even if a car is parked illegal, then I sit corrected.

Thanks for providing the link ORN.

[CdwJava]

Simply being in a red curb is not sufficient to tow a vehicle in CA - especially not from private property. It does not sound like this was marked as a fire lane, either. And unless the property was properly signed and impound procedures were followed pursuant to CVC 2250-22711 et seq (most notably CVC 22658) this was almost certainly an unlawful tow.

When you go to the tow company ask for their contract or written authorization for the tow. Also report this to the police. Depending on your jurisdiction, the police may well have someone that looks into these because it is a rampant problem in some places (such as Los Angeles).

- Carl

[Ohreallynow?]

Alrighty then, we have three hands up for an illegal tow

And with one being Carl the cop from California, I think you should try to get the meanies.

Thanks for providing the link ORN

.

(No problem Happy, you do it for so many people, I don't mind linking some people up myself.)

[Happy Trails]

I'm curious who marked it a "red zone" and why...

Wendy, dispute the charges with you CC.

Good luck.

[CdwJava]

Originally Posted by Happy Trails

I'm curious who marked it a "red zone" and why...

Wendy, dispute the charges with you CC.

Good luck.

Probably originally done by management to keep the area around the dumpster clear so that the trash company could move the dumpster and access it without difficulty. It's actually pretty common in many complexes.

- Carl

[wendys8861]

I appreciate the replies.

I just heard from my property manager who contacted the towing company. Interestingly enough, the towing company has agreed to credit back my credit card for the amount of the tow..... I'll believe it when I see it.

Sounds like someone got caught with their hands in the cookie jar!

Needless to say, I guess I'll have to park way on the other side of my huge complex from now on!

Thanks again everyone!

[Happy Trails]

Originally Posted by CdwJava

Probably originally done by management to keep the area around the dumpster clear so that the trash company could move the dumpster and access it without difficulty. It's actually pretty common in many complexes.

- Carl

Thanks Carl.

Originally Posted by wendys8861

I appreciate the replies.

I just heard from my property manager who contacted the towing company. Interestingly enough, the towing company has agreed to credit back my credit card for the amount of the tow..... I'll believe it when I see it.

Sounds like someone got caught with their hands in the cookie jar!

Needless to say, I guess I'll have to park way on the other side of my huge complex from now on!

Thanks again everyone!

Good news!!

Now you need to find the other person that was towed and inform them.

[Ohreallynow?]

.Now you need to find the other person that was towed and inform them.

You know this would be a great thing to do. I hope you think on it Wendy.

Say Hi to Peter and the lost boys for me.

Glad it worked out. ( If they do what they say they will) If they don't come back and post in a different part of the forum; You just might get more help.