Tow or Ticket?

[vc4re]

What is the name of your state (only U.S. law)? California

I'm not familiar with the towing laws in West Los Angeles, but here's the story. I am going to school at UCLA and brought my car from San Jose because it's way cheaper than flying. Since parking is atrocious near campus in Westwood, I left it near Santa Monica in West LA where a friend would watch it every day for me. I parked it in a four hour zone (9am to 6pm), which I'm thinking means 4 hour parking from these times, and left it overnight because the people living there said they never check (there's a mercedes there all the time, but never getting a ticket). Thinking the worst that could happen is a $30 ticket, I left it there on thursday. When my friend was going to move it into her apartment complex after her roomate left on saturday, it was gone. It had been towed! I found out it had been towed in the middle of the night and would cost me $243 to get out. When I get it out, I see a big sign on my windshield saying "your car alarm constantly keeps going off, please turn off." which means somebody called to have it towed because of the car alarm! My question here is, where in the vehicle code says the car was allowed to be towed? If it was because of the four hour parking, why was it a towing and not a ticket (there weren't any tow away signs on the street). When we called, it says a car could be towed after being there for 3 days, but mine was only there for two. Any help would be appreciated, not familiar with the laws in west LA! Thanks in advance!

[vc4re]

I just read all these reasons that would allow removal of a vehicle and none apply, especially because no "tow away" signs were written.

[url=http://dmv.ca.gov/pubs/vctop/d11/vc22651.htm]V.C. Section 22651 - Circumstances Permitting Removal[/url]

[CdwJava]

You did not look far enough:

22651.5. (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee who is engaged in
directing traffic or enforcing parking laws or regulations, may, upon
the complaint of any person, remove a vehicle parked within 500 feet
of any occupied building of a school, community college, or
university during normal hours of operation, or a vehicle parked
within a residence or business district, from a highway or from
public or private property, if an alarm device or horn has been
activated within the vehicle, whether continuously activated or
intermittently and repeatedly activated, the peace officer or
designated employee is unable to locate the owner of the vehicle
within 20 minutes from the time of arrival at the vehicle's location,
and the alarm device or horn has not been completely silenced prior
to removal.

- Carl

[vc4re]

So what do you recommend I do Carl? I have it parked on the street near campus, so I cannot control when the alarm goes off. Could I perhaps leave my phone number on the windshield if someone complains about my alarm?

[Zigner]

Originally Posted by vc4re

So what do you recommend I do Carl? I have it parked on the street near campus, so I cannot control when the alarm goes off. Could I perhaps leave my phone number on the windshield if someone complains about my alarm?

Maybe you should fix your alarm to not be so sensitive. Or, you could find a different place to park where you don't have to purposely break the law

[CdwJava]

Originally Posted by vc4re

So what do you recommend I do Carl? I have it parked on the street near campus, so I cannot control when the alarm goes off. Could I perhaps leave my phone number on the windshield if someone complains about my alarm?

Perhaps you should disengage the alarm. No one is obligated to call you if it goes off, and the police are not likely to go hunting you down. You can try leaving your number, but i wouldn't expect that to work every time.

- Carl

[vc4re]

Unfortunately Zinger, in los angeles nowhere is good to park! I miss san jose!

[CdwJava]

Originally Posted by vc4re

Unfortunately Zinger, in los angeles nowhere is good to park! I miss san jose!

My home town!

Yes, the parking is much more parking friendly in San Jose than many parts of L.A.

- Carl

[vc4re]

So I turn on my radio and it doesn't work displaying "something in" (cant remember exactly). I learned that the reason it could have happened is if someone went into the car and either disabled the battery or pulled a fuse. Do police usually do that or the towing company? Is it standard procedure for an alarm? How do they get in the car? Thanks in advance!

[CdwJava]

Originally Posted by vc4re

So I turn on my radio and it doesn't work displaying "something in" (cant remember exactly). I learned that the reason it could have happened is if someone went into the car and either disabled the battery or pulled a fuse. Do police usually do that or the towing company? Is it standard procedure for an alarm? How do they get in the car? Thanks in advance!

Chances are the tow company popped the hood and disengaged the battery to disable the horn/car alarm. It was either that, or they let the battery die, I suppose.

The tow drivers tend to get in by using a "slim Jim" through the window to unlock the door.

- Carl

[vc4re]

The tow company AND the police department just told me by law that they cannot disable the alarm, they have to let it ring. What made me uneasy is things in the trunk were on the front seat when I got the car back, so I'm worried some people might have my information. When I asked the LAPD, they said no officer could legally do any of that (disabling the alarm). So what are my options here? I feel uneasy until I know what exactly happened. I'm thinking the people who complained may have done it, but I have no proof of course.

[CdwJava]

Originally Posted by vc4re

The tow company AND the police department just told me by law that they cannot disable the alarm, they have to let it ring.

That sounds more like a policy matter than a legal one. They are probably lookin gat it from a civil liability avenue. I am unaware of ANY state law that forbids them from disabling the alarm. In fact, the tow company driver or owner could open himself up to a criminal citation if they move the annoying vehicle to their lot and the alarm continues and disturbs the neighbors.

What made me uneasy is things in the trunk were on the front seat when I got the car back, so I'm worried some people might have my information.

They might have popped the trunk for some reason. If its not contained in the impound report with the police agency, or noted by the tow agency, anything is possible.

When I asked the LAPD, they said no officer could legally do any of that (disabling the alarm).

No officer likely would ... civil liability and all. Plus, the possible 4th Amendment arguments ... though I suspect that this might qualify as an exigency. I don't know. But, if LAPD doesn't do it, they don't do it.

So what are my options here? I feel uneasy until I know what exactly happened. I'm thinking the people who complained may have done it, but I have no proof of course.

If your car was broken in to before the tow or while at the tow yard, you can make a report to the police.

- Carl

[I_Got_Banned]

Just a side note to parking in Santa Monica. They do have a city ordinance that allows extended parking hours for residents (whose vehicles are identified by sticker provided by the city) whereas nonresidents are bound by shorter time periods.

Of course signs are posted to indicate how much time you have if you are a resident or a none resident but it does get kind of confusing on some blocks.

Just keep that in mind if you decide to try the Santa Monica area again.

Maybe you should try parking it by USC... They would welcome the chance to keep an eye on it for you, I am sure.