My rights on my car towed on Private Property cvc 22658

[damamma5]

Hi my car was towed from the parking lot that I live at.
I understand about the signs posted unauthorized vehicles will be towed at owners expense. However I live here so it wasn't unauthorized. I had a car cover on it. I parked it in one of the parking stalls at my town home the stalls are all unassigned. The property is run by the HOA. I did not receive a notice regarding my car nor did any one say anything to me regarding the car. I called the tow company regarding the reason and they gave me three different reasons why the towed the car. So I called the HOA of the property and they had no idea about the tow.I called the Police and they said I need to stay on the HOA cause someone knows why the car was towed. What are my rights? How do i go about the matter?
What is the name of your state (only U.S. law)? California

 

[CdwJava]

First, retrieve the car. The daily storage fees will keep adding up.

While there, get a copy of the paperwork and the authorization for the tow. By law, someone had to approve the tow. If not, then someone at the tow company potentially committed a crime.

Right now, you need to get more information. The tow company and/or the HOA might be liable for 2 or 3 times the cost of the tow, and potentially face misdemeanor criminal charges as well. But, right now the details will be important, and getting that paperwork will help.

 

[asiny]

I called the tow company regarding the reason and they gave me three different reasons why the towed the car. So I called the HOA of the property and they had no idea about the tow.

What were the 3 different reasons?
What did the HOA actually say?
If you need the car, follow the advice from CdwJava and get the car back. If not, and you really believe your car was towed illegally, then leave it there and do as much fact-finding as you can. When you discover WHO authorised the tow - sit back and enjoy all the rest that CdwJava said

 

[CdwJava]

The problem with leaving it there might be that on day 31 the car can be sold at auction or lien sale. And if the auction does not raise enough to cover the tow company's costs, they can take civil action against the registered owner and seek compensation for the difference between the sales price and the amount owed for towing and storage.

It is never a good idea to let it be. If one cannot afford to retrieve the car, then go in and sign over the title as that can usually prevent any further debt from being owed.

 

[damamma5]

What were the 3 different reasons?
What did the HOA actually say?
If you need the car, follow the advice from CdwJava and get the car back. If not, and you really believe your car was towed illegally, then leave it there and do as much fact-finding as you can. When you discover WHO authorised the tow - sit back and enjoy all the rest that CdwJava said

The first reason was..."The car was parked in a no parking zone."(Not True) The second reason was.. "Someone at the HOA had it towed."(so i called)
The third was "The car didn't have tags."(the car was covered)
The car was parked rear first, so u cant see the plates that are on there. My registration are payed for and I have a tag in the rear window. I haven't received the plates yet, but u couldn't see the plates cause the car was covered.
My thing is anyone can lift the cover and inspect a car? Who does that??

 

[CdwJava]

There is really nothing to prevent a person from lifting a cover to determine if there are valid license plates on the car. But, legally, no registration is required for a vehicle on private property ... though, the property owner can always have such vehicles towed and the city of county can have them towed via a vehicle abatement program if the vehicle meets the criteria. And, of course, if it was not registered, it was parked in an unassigned space, and the old plates did not come back to your name or address, then how could they or anyone contact you?

If the HOA did not authorize the tow, then under what legal authority did the two company tow the vehicle. They have to have some paperwork granting them this authorization and someone had to approve it.

You can always force their hand to prove it and take them and maybe the HOA to small claims court.

 

[damamma5]

First, retrieve the car. The daily storage fees will keep adding up.

While there, get a copy of the paperwork and the authorization for the tow. By law, someone had to approve the tow. If not, then someone at the tow company potentially committed a crime.

Right now, you need to get more information. The tow company and/or the HOA might be liable for 2 or 3 times the cost of the tow, and potentially face misdemeanor criminal charges as well. But, right now the details will be important, and getting that paperwork will help.

I retrieved the car and the paperwork. What I got was a invoice with recite. (#of days & total charges i paid) I'm not sure if there is any other paperwork I am to request. Do I ask for the authorization paperwork?

 

[CdwJava]

I retrieved the car and the paperwork. What I got was a invoice with recite. (#of days & total charges i paid) I'm not sure if there is any other paperwork I am to request. Do I ask for the authorization paperwork?

If they towed for 22658, authorization is almost always required. I'd ask for the paperwork that was signed by the agent of the owner or manager so that you can see who authorized the tow.

You might also ask the management who authorized the tow. If they do not know, then you might suggest they check with the tow company about the issue because the tow company's actions might place the management in some legal jeopardy if they are in violation of CVC 22658.

 

[DuncanAbuse]

Hi my car was towed from the parking lot that I live at.
I understand about the signs posted unauthorized vehicles will be towed at owners expense. However I live here so it wasn't unauthorized. I had a car cover on it. I parked it in one of the parking stalls at my town home the stalls are all unassigned. The property is run by the HOA. I did not receive a notice regarding my car nor did any one say anything to me regarding the car. I called the tow company regarding the reason and they gave me three different reasons why the towed the car. So I called the HOA of the property and they had no idea about the tow.I called the Police and they said I need to stay on the HOA cause someone knows why the car was towed. What are my rights? How do i go about the matter?
What is the name of your state (only U.S. law)? California

I would have to read through the CV's for your HOA as I'm sure they have a section on the "storing" of vehicles. These sections are normally there to prevent non-operation cars from sitting in stalls but if you occasionally drive the car then I'm not sure it's an issue.

You would need to work with the HOA to prove the car was incorrectly towed. Best thing to do is pay to get your car out so it stop's getting fee's then fight it with the HOA.

 

[HighwayMan]

Best thing to do is pay to get your car out so it stop's getting fee's then fight it with the HOA.

You're a little bit behind.

 

[damamma5]

If they towed for 22658, authorization is almost always required. I'd ask for the paperwork that was signed by the agent of the owner or manager so that you can see who authorized the tow.

You might also ask the management who authorized the tow. If they do not know, then you might suggest they check with the tow company about the issue because the tow company's actions might place the management in some legal jeopardy if they are in violation of CVC 22658.

The I called the tow company they said that the person that authorized the tow should be in the paperwork they gave me Its not.....
So they gave me the phone number to the HOA and said call them and ask them?Now where do i go from here everyones still giving me the run around about my car with no answers How do i get the HOA to call me back?

 

[davew128]

How do i get the HOA to call me back?

Short of knocking on their door? Threatening legal action would be my next step.

 

[Zigner]

OP could file a lawsuit against both the tow yard and the HOA. I bet some paperwork shows up once they're served.

 

[damamma5]

So first threaten legal action?
Is the tow company in violation not giving proper paperwork?
Is this enough to go forward to a small claims court?
If I file what do I go to court and ask for?