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towing practices

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Serekh

Junior Member
What is the name of your state? California

So my car just got towed today, along with about 25-30 others just outside my apartment building. Apparently the first floor of the parking structure is set up so that only people using the business facilities next to the complex are allowed to park there and the rest of us had to park above that floor. There is no signage indicatiing that we could not park there, nobody was informed, and the first I heard about this was the phone call notifying me that my car had just been towed.

Anything I can do about this?
 


Zigner

Senior Member, Non-Attorney
I'd double check about that "no signage" thing. Also, look again at your rental agreement.
 

Serekh

Junior Member
Belive me I've spent plenty of time searching the parking structure for a sign indicating that my car would have been towed, not only is there not a visible one I coulnd't find one while looking for it. I've spoken with the administrators here and they told me that the apartment does not own the first floor of the parking garage, and as far as I can tell are trying to avail all responsibility for the matter.

I've been looking through my rental agreement, there doesn't seem to be much on parking rules, except to say when the parking garage closes at night and that we need to present such and such proof of ID to get past the front gate after a certain amount of time. And also various rules on overnight parking for guests. Honestly, nothing about not being able to park on an entire floor. A lot of residents here have been towed and many more would have gotten towed, but the landlord got word of it and started calling residents who rushed down to move their cars, unfortunately I didn't get to mine in time.

Given the lack of notice I'd rather not pay the impound fees if I can avoid it.
 

dcatz

Senior Member
OP – Your description (no signs, no notice and the LL calling owners) makes it sound like a SNAFU. If it was and there were no signs or other reason for advance knowledge of a restriction/prohibition, you might want to read Cal. VC sect. 22658. You can find it here:
http://www.leginfo.ca.gov/calaw.html

It mandates the size, content and placement of signs prohibiting parking on private property. This would include limitations, such as proscribed times and/or areas.

It also makes the owner or person in lawful possession of private property liable for double the towing and storage charges whenever he fails to comply with sub-sections (a)(1), (2) or (3)

It specifies that a towing company cannot remove a vehicle without the written authorization of the owner or lessee or that person’s agent or employee, but the towing company is not responsible in any situation relating to the validity of the removal (damage in transit is another matter).

Pay the towing and impound fees, and sue the appropriate party, if you have grounds. If you have a claim, you can’t seek greater recovery because of increased charges, if you leave the car. You must mitigate damges.
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Edit: The underlined was originally and inadvertently entered as "public". If you read the statute, I hope that was immediately clear.
 
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