Towed Illegally from a Public Street

[skullie666]

What is the name of your state? California... specifically, Los Angeles, CA.

I believe I was illegally towed, and here's what happened: I parked my car on a public street in front of a business next door to my employer. There were NO tow-away signs posted, anywhere (however, I believe that would be a moot point because I was parked on a public street). I was not blocking any entrance, driveway, or loading dock.

I was alerted that my car was being towed, and when I ran to my car, the driver was driving away with it. I asked him why he was towing my car and he said "someone called him", however, there was nobody at the place of business where I parked. He told me I could pick up my car down the street, and he had no choice but to take my car.

I called the tow yard, and they said that they would charge me $183.00. They also said they would not accept any credit cards, they would accept CASH ONLY. On a side note, I was told by several of the neighbors that this particular tow truck lies in wait to tow cars on this public street every day, and that this company could be a "crooked towing operation".

When I went to pick up my car, they were going to charge me $233.00, $50.00 more than they told me because of a "gate fee", but when I told them I only had $183.00 in cash, they decided to waive the fee and took my cash. They did provide me with a receipt, and it shows that I paid $233.00 (even though I paid only $183.00).

This just seems fishy to me. When I did some research, I found out that this tow company violated several California Vehicle Codes by towing my car. They never gave me a reason for towing my car, but only said that it was parked on private property, which it wasn't. There were no signs posted anywhere near the area, and there was no one present at the place of business.

Aren't they (the tow company), under law, supposed to accept a valid credit card or bank card if they do take your car? Isn't against the law to tow a car from a public street in the first place? Isn't there supposed to be someone present at the business to give consent to tow, and isn't it against the law to even try to charge a gate fee?

Here's what my receipt breaks down: Hookup: $96.00 / Mileage: $54.00 / Gate Fee: $50.00 / Days Storage: $30.00 / Tax: $3 / TOTAL $233.00.

I want to take the towing company to small claims court, as well as the company who supposively towed me in the first place. I also want to make sure I have the laws and facts straight, and that's why I'm asking for any legal tips or advice anyone could give me. What do ya think? Any imput would be appreciated.

Best Regards,
Courtney in Los AngelesWhat is the name of your state?

 

[CdwJava]

If you were parked on a public street with NOT "to away" or restricted parking signs, and an officer or city employee did not authorize the impound, I suspect you have a nice suit against the tow company.

CVC 22658 outlines the procedures and penalties for improperly towing a vehicle from private property. If this truly was a publicly maintained street and not an easement or parking lot, I would also contact the local police department or parking enforcement unit.

Illegal tow operations have been a HUGE problem in L.A.

Oh, the fees seem almost reasonable for the tow ... though the "mileage" is a new one for me.

- Carl

 

[Litigation!]

My response:

What's the name of the street, and what two streets was it between, or the general address of where you were parked; e.g., the 1900 block?

Also, how do you intend to prove to a judge that you weren't, in fact, parked in the lot of the other business - - the "business next door to my employer"?

IAAL

 

[The Occultist]

Aren't they (the tow company), under law, supposed to accept a valid credit card or bank card if they do take your car?

That doesn't even make sense. All the law requires is that all businesses accept all forms of American currency, and unfortunately, credit, despite what some may think, is NOT an actual form of currency, but rather a promise that currency will eventually be payed. From what I've seen, most impound lots do not accept the card.

 

[Litigation!]

That doesn't even make sense. All the law requires is that all businesses accept all forms of American currency, and unfortunately, credit, despite what some may think, is NOT an actual form of currency, but rather a promise that currency will eventually be payed. From what I've seen, most impound lots do not accept the card.

My response:

And THAT is absolutely correct. Most people don't really look at their paper money very closely . If you look closely, it reads in the upper left corner, "This note is legal tender for all debts, public and private." It doesn't say that on a credit card because credit cards and their usage, aren't "legal tender." Credit card charges can be reversed. Once cash is given, you can't reverse it.

IAAL

 

[skullie666]

My response:

What's the name of the street, and what two streets was it between, or the general address of where you were parked; e.g., the 1900 block?

Also, how do you intend to prove to a judge that you weren't, in fact, parked in the lot of the other business - - the "business next door to my employer"?

IAAL

First of all, I want to thank you all for your responses. I can use all the help I can get!

The street address I was parked on is 2441 Hunter Street, Los Angeles, CA 90021. Los Angeles County Assessor maps show 60' of space from the centerline of Hunter Street in both directions as being property of the City of Los Angeles.

These spaces aren't really "lots" or "stalls" as this is a public street. I plan to use this fact as one of the points in my case against the tow company. What do ya think??

Courtney in Los Angeles

 

[skullie666]

That doesn't even make sense. All the law requires is that all businesses accept all forms of American currency, and unfortunately, credit, despite what some may think, is NOT an actual form of currency, but rather a promise that currency will eventually be payed. From what I've seen, most impound lots do not accept the card.

Hmmmmm... well I found this in the California Vehicle Code [CVC Section 22658(k)]
"Persons operating or in charge of any storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner or the owner's agent claiming the vehicle. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card is liable to the registered owner of the vehicle for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500).

California law says it's illegal. I plan to use this violation of the law in my case too... in fact, my boss forked over the cash to get the car out of the impound lot. I was thinking of maybe having him sign an declaration or something like that to help prove the fact that they wouldn't accept a credit card.

 

[skullie666]

My response:

And THAT is absolutely correct. Most people don't really look at their paper money very closely . If you look closely, it reads in the upper left corner, "This note is legal tender for all debts, public and private." It doesn't say that on a credit card because credit cards and their usage, aren't "legal tender." Credit card charges can be reversed. Once cash is given, you can't reverse it.

IAAL

Well, I am confused then... why would the California Vehicle code deem this as a violation of the law, and allow me to recover four times the damages under this law? I'll reference the code again here:

CVC 22658(k)
Persons operating or in charge of any storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner or the owner's agent claiming the vehicle. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card is liable to the registered owner of the vehicle for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.

What do you think? I was planning to use this as one of the main arguments against the towing company.

Courtney in Los Angeles

 

[CdwJava]

This is why it is important to what legal authority they used to impound the car. If it was CVC 22658, then they towed it illegally from the public street (provided it IS a public street) or from an improperly marked parking lot.

If they did not use 22658 then the section requiring them to accept a credit card is not on point.

- Carl

 

[skullie666]

This is why it is important to what legal authority they used to impound the car. If it was CVC 22658, then they towed it illegally from the public street (provided it IS a public street) or from an improperly marked parking lot.

If they did not use 22658 then the section requiring them to accept a credit card is not on point.

- Carl

Well, I drafted a demand letter to them yesterday and I used the code as fodder for my complaint, because they contend that the lot is on private property. I figured that if I could point out to them that even we were talking about private property here, they would be in violation of several other codes as well... I guess the idea was to get them to pay me so I wouldn't have to go to small claims court. I have a feeling it's not going to work, so there you go.

 

[CdwJava]

Well, I drafted a demand letter to them yesterday and I used the code as fodder for my complaint, because they contend that the lot is on private property. I figured that if I could point out to them that even we were talking about private property here, they would be in violation of several other codes as well... I guess the idea was to get them to pay me so I wouldn't have to go to small claims court. I have a feeling it's not going to work, so there you go.

Wait ... you said, "lot"? Is this a lot? Or is this parralel or angled parking on a public street?

There IS a difference!

And if it is a lot, there is still signage required AND a respresentative of the property owner has to be on scene for the tow.

If you can, get ample photos of the area to show that no such signage exists and to show that the space you were parked in was on the public street or on improperly marked private property.

You also need to contact the LAPD. Last summer they started actively investigating and bring charges to "bandit tow" operations in the city. Make a few calls to find out who might be investigating these things and report it to them.

- Carl

 

[skullie666]

Wait ... you said, "lot"? Is this a lot? Or is this parralel or angled parking on a public street?

There IS a difference!

And if it is a lot, there is still signage required AND a respresentative of the property owner has to be on scene for the tow.

If you can, get ample photos of the area to show that no such signage exists and to show that the space you were parked in was on the public street or on improperly marked private property.

You also need to contact the LAPD. Last summer they started actively investigating and bring charges to "bandit tow" operations in the city. Make a few calls to find out who might be investigating these things and report it to them.

- Carl

Oops, sorry... I didn't mean to give you the impression this is a lot... this would be angled street parking near several warehouses in Downtown L.A.

Thanks for your advice, Carl... I will definetly talk to the LAPD about this, and pursue this in small claims court as well. I'll let you know what happens as this unfolds.

Take it easy....
Courtney

 

[mtbe]

Even better!

You have a receipt for $233 and you only paid them $183!!

Now you can get them to pay you an extra $50!

 

[navieel]

I'd to continue on this isse about the angled parking. We have the similiar situation here in Berkeley,CA. We are in a warehouse distict and sidewalk is put into the side of this building. But it appears that their property line extend into the parking spot. The side of the building has signs stating "Private Parking Only". Do they have the right to tow if my car is partially parked into their property and partially in public street?

 

[moburkes]

I'd to continue on this isse about the angled parking. We have the similiar situation here in Berkeley,CA. We are in a warehouse distict and sidewalk is put into the side of this building. But it appears that their property line extend into the parking spot. The side of the building has signs stating "Private Parking Only". Do they have the right to tow if my car is partially parked into their property and partially in public street?

Start your own thread. Do not ressurect a thread that has been dead for several months.