Towing on Private Property

[suri123]

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

My question is regarding towing from a private property lot. I am a resident, my car is registered with HOA, and also I had a parking permit - it just happened to fall to the floor of my car because it is made of really flimsy material. My car was towed in the middle of the night with no prior warning to me.

Am I right in saying that under CA Vehicle Code 22658, the property manager is supposed to grant a written authorization notice for the towing company to tow my car, and oversee the process? The written authorization I got seems very generic and has no indication that the property manager actually signed off on it.

In addition, I had gone to the impound lot to get my car within 24 hours, but was still in the middle of getting the proper paperwork at 5pm, the time they closed (I got there at about 4:40pm). At 5pm, they shut the gate on me and told me to come back the next morning. If they had continued to assist me, we would have gotten all the paperwork filled out and finished within the next 15 minutes. The next morning, the price of the towing had gone up by nearly $100 just because I "didn't pick it up" within 5pm.

With all the wrongdoings of the towing company, can I sue the towing company in small claims court to get my money back?

 

[Ladyback1]

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

My question is regarding towing from a private property lot. I am a resident, my car is registered with HOA, and also I had a parking permit - it just happened to fall to the floor of my car because it is made of really flimsy material. My car was towed in the middle of the night with no prior warning to me.

Am I right in saying that under CA Vehicle Code 22658, the property manager is supposed to grant a written authorization notice for the towing company to tow my car, and oversee the process? The written authorization I got seems very generic and has no indication that the property manager actually signed off on it.

In addition, I had gone to the impound lot to get my car within 24 hours, but was still in the middle of getting the proper paperwork at 5pm, the time they closed (I got there at about 4:40pm). At 5pm, they shut the gate on me and told me to come back the next morning. If they had continued to assist me, we would have gotten all the paperwork filled out and finished within the next 15 minutes. The next morning, the price of the towing had gone up by nearly $100 just because I "didn't pick it up" within 5pm.

With all the wrongdoings of the towing company, can I sue the towing company in small claims court to get my money back?

I have to wonder: Why did you think this could be handled in 20 min or less?? That was not the smartest decision you could have made. If they stay late to "finish up" with you, then they would need to do that with all customers, and chaos would ensue! They did nothing wrong by booting you out the door at closing time! So, that seems to be a moot point to argue.

Ya' know the old saying--poor planning on your part does not constitute an emergency on my part. Substitute "the towing company" for "my"...

 

[suri123]

I have to wonder: Why did you think this could be handled in 20 min or less?? That was not the smartest decision you could have made. If they stay late to "finish up" with you, then they would need to do that with all customers, and chaos would ensue! They did nothing wrong by booting you out the door at closing time! So, that seems to be a moot point to argue.

Ya' know the old saying--poor planning on your part does not constitute an emergency on my part. Substitute "the towing company" for "my"...

Fine, that's not the biggest point I wanted to consider. But what about the other points? Legally speaking, the property manager was supposed to sign off on the written authorization notice but there was nothing on the written authorization linking back to the property. It was just an authorization issued by the towing company.

 

[batvette]

I have to wonder: Why did you think this could be handled in 20 min or less?? That was not the smartest decision you could have made. If they stay late to "finish up" with you, then they would need to do that with all customers, and chaos would ensue! They did nothing wrong by booting you out the door at closing time! So, that seems to be a moot point to argue.

Ya' know the old saying--poor planning on your part does not constitute an emergency on my part. Substitute "the towing company" for "my"...

Have you ever had a car impounded?
Its not well known but at least in California there is virtually no regulation of towing companies at least as far as consumer complaints about abusive practices.
The OP said they were in the process of getting the paperwork done. Since they didnt say they forgot anything on their end and had to go home and get it then we are to conclude that the towing companys administrative clerks require up to 20 minutes to review simple documents- look at your DL, insurance and registration- type in a few lines of data, and havw you sign the printout while they call the lot guy to move your car.
I have had all this done at an efficient yard in 5 minutes with 5 more to start and move the car.
If there was a line of people thats not his fault and again the ineptitude of the office staff for being slow.
Businesses who know a process takes a long time should state accordingly "Vehicle pickup hours from 8 am to 4:30 pm" if they are too frugal to pay a few minutes overtime.
This again goes back to the fact consumers have no recourse against towing companies who have every reason to let you walk hone and slam the gate- leaving you to pay MORE tomorrow. How many other businesses get away with such treatment of customers?
I had a local tow company impound my car due to delinquent registration. The DMV was closed on friday due to budget cuts so it wasnt till monday when I could get my new tags. I called the yard and asked specifically how much cash I had to get together to pick it up. The total with storage was like $565. I got a ride from a neighbor and was lucky she hung around because when I got to the window they demanded $620! The additional $55? A HOLIDAY GATE FEE because it was COLUMBUS DAY. (despite the only govt contracts this yard had were state and local who dont observe it)
Why didnt the first cashier on the phone say this? If my neighbor had not been there I would have been left to walk 10 miles home and pay for another days storage.
There is no state, federal or local agency to complain to. All I could do is a review on yelp.

 

[Zigner]

Have you ever had a car impounded?
Its not well known but at least in California there is virtually no regulation of towing companies at least as far as consumer complaints about abusive practices.
The OP said they were in the process of getting the paperwork done. Since they didnt say they forgot anything on their end and had to go home and get it then we are to conclude that the towing companys administrative clerks require up to 20 minutes to review simple documents- look at your DL, insurance and registration- type in a few lines of data, and havw you sign the printout while they call the lot guy to move your car.
I have had all this done at an efficient yard in 5 minutes with 5 more to start and move the car.
If there was a line of people thats not his fault and again the ineptitude of the office staff for being slow.
Businesses who know a process takes a long time should state accordingly "Vehicle pickup hours from 8 am to 4:30 pm" if they are too frugal to pay a few minutes overtime.
This again goes back to the fact consumers have no recourse against towing companies who have every reason to let you walk hone and slam the gate- leaving you to pay MORE tomorrow. How many other businesses get away with such treatment of customers?
I had a local tow company impound my car due to delinquent registration. The DMV was closed on friday due to budget cuts so it wasnt till monday when I could get my new tags. I called the yard and asked specifically how much cash I had to get together to pick it up. The total with storage was like $565. I got a ride from a neighbor and was lucky she hung around because when I got to the window they demanded $620! The additional $55? A HOLIDAY GATE FEE because it was COLUMBUS DAY. (despite the only govt contracts this yard had were state and local who dont observe it)
Why didnt the first cashier on the phone say this? If my neighbor had not been there I would have been left to walk 10 miles home and pay for another days storage.
There is no state, federal or local agency to complain to. All I could do is a review on yelp.

I'm calling BS that your car was towed because you were one (holiday) day late.

If you don't want your car towed, then pay your registration on time.

 

[LdiJ]

I have to wonder: Why did you think this could be handled in 20 min or less?? That was not the smartest decision you could have made. If they stay late to "finish up" with you, then they would need to do that with all customers, and chaos would ensue! They did nothing wrong by booting you out the door at closing time! So, that seems to be a moot point to argue.

Ya' know the old saying--poor planning on your part does not constitute an emergency on my part. Substitute "the towing company" for "my"...

I completely disagree with you on this. He arrived before closing, they had an obligation to finish the matter with him. Chaos does not ensue in that circumstance.

From what I recollect CA has specific courts that deal with towing issues. In my opinion the OP should certainly dispute this.

 

[LdiJ]

I'm calling BS that your car was towed because you were one (holiday) day late.

If you don't want your car towed, then pay your registration on time.

Re-read Zig...it wasn't that the tow wasn't valid, it was the horrendously high charges and the bait and switch in giving the poster one price, and then jacking it up when he she got there for a "holiday" fee, that the poster was complaining about.

The entire industry is incredibly predatory, and there is a definite lack of oversight. My city has recently decided to put some regulation into place, which is helping but its still a serious problem.

Some of us tested the system not too long ago. We knew someone who had been towed in questionable circumstances. The initial charge was 259.00...and various fees got tacked on that took it up to almost 350.00.

Several of us called the same towing company asking for a tow, for the same distance, and all of us got quoted 85.00.

My daughter knows a guy who tows...and he tells all kinds of stories...some of them pretty darned disgusting...including looking for unlocked cars so that the parking permits can accidentally hit the floor...and including a few people who have those lock popper thingies who will actually pop locks on a slow night a make those permits accidentally hit the floor.

People in areas with HOAs and people renting in apartment complexes should vote with their heads by refusing to buy/rent in areas where towing is permitted without a specific request from management...because management CAN prevent it from happening.

 

[Zigner]

Re-read Zig...it wasn't that the tow wasn't valid, it was the horrendously high charges and the bait and switch in giving the poster one price, and then jacking it up when he she got there for a "holiday" fee, that the poster was complaining about.

Ok - the simple fact (for that poster) is that the whole matter was ENTIRELY within his control to avoid.

 

[CdwJava]

Some of us tested the system not too long ago. We knew someone who had been towed in questionable circumstances. The initial charge was 259.00...and various fees got tacked on that took it up to almost 350.00.

When you get towed by the police or for some other reason such as a private property impound, you not only have to pay for the tow, but the storage as well. It is not uncommon for the initial tow and hook, and one day's storage (even if part of a day) in CA to be in the area of $300 or more.

Several of us called the same towing company asking for a tow, for the same distance, and all of us got quoted 85.00.

A short tow from A to B is a different thing than a tow and an impound.

My daughter knows a guy who tows...and he tells all kinds of stories...some of them pretty darned disgusting...including looking for unlocked cars so that the parking permits can accidentally hit the floor...and including a few people who have those lock popper thingies who will actually pop locks on a slow night a make those permits accidentally hit the floor.

I know a few people with tow companies and none do anything like that. What he is alleging to have done is illegal in this state. In CA predatory tows are illegal and most require the property manager owner to actually sign or a contract for the impound (for certain offenses).

People in areas with HOAs and people renting in apartment complexes should vote with their heads by refusing to buy/rent in areas where towing is permitted without a specific request from management...because management CAN prevent it from happening.[/QUOTE]
Whether a tow would be authorized without the signature of the owner depends on what the tow is for and the size of the unit ... and, whether there is a signed agreement between the management/owner and the tow company. And, of course, proper signage.

 

[CdwJava]

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

My question is regarding towing from a private property lot. I am a resident, my car is registered with HOA, and also I had a parking permit - it just happened to fall to the floor of my car because it is made of really flimsy material. My car was towed in the middle of the night with no prior warning to me. [/quot]
Was it towed solely because it did not have the required parking tag?

Am I right in saying that under CA Vehicle Code 22658, the property manager is supposed to grant a written authorization notice for the towing company to tow my car, and oversee the process? The written authorization I got seems very generic and has no indication that the property manager actually signed off on it.

Sometimes yes, sometimes no.

Contact the management and ask them about it. Ask to see a copy of the agreement between them and the tow comapny.

In addition, I had gone to the impound lot to get my car within 24 hours, but was still in the middle of getting the proper paperwork at 5pm, the time they closed (I got there at about 4:40pm). At 5pm, they shut the gate on me and told me to come back the next morning. If they had continued to assist me, we would have gotten all the paperwork filled out and finished within the next 15 minutes. The next morning, the price of the towing had gone up by nearly $100 just because I "didn't pick it up" within 5pm.

That's cheesy if you were already in the office, but, if you were not in the office ready for the retrieval by 5 PM that's not their fault.

With all the wrongdoings of the towing company, can I sue the towing company in small claims court to get my money back?

You have not yet demonstrated and particular legal wrongdoing.