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Do I have a case? Wrongfully towed?

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hangc

New member
What is the name of your state? California

My boss had my car towed for parking in front of a dumpster. There were multiple other cars parked there also and no tow signs were posted anywhere. Instead, he simply attached a print out of a tow sign on a piece of paper to my windshield. I did my research and CVC 22658 states that a private property owner must display a sign no smaller than 17 by 22 inches at all entrances and in plain view.

When I went to pick up my car, the tow company failed to give me a copy of the written authorization. All they gave me was a copy of the receipt. On the receipt, they stated that I was parked in a fire lane, which I was not because there were no markings or signs to indicate it as such. They told me my boss called them because he was afraid they wouldn't pick up the trash if I was parked there. After finding out I have a right to receive a written authorization, I went back a couple of days later and asked for one along with a copy of their "Towing Fees and Access Notice." They told me that they gave a copy of the written authorization to my boss who signed it and all they could do for me was give me a blank form. Seriously, what good would a blank form do me?

I then asked multiple times for the "Towing Fees and Access Notice" to which they said they didn't know what that was. I told them it tells me my rights and who to call if I believe I've been wrongfully towed. CVC 22658 states that they have to have that information posted in public view (which they did not) and must give out copies when requested. They told me that that information should be on the signs posted around the company I work for. I informed them that there were no signs posted. They then proceeded to tell me that because it's on private property, signs are not required and it's really just a "courtesy." They told me because its private property, I don't have to be parked there for even 20 minutes to have my car towed. Also that I can have my car towed just because my boss "doesn't like me" just because it was on private property. I believe all this information they gave me a is false. Do I have a case? If so, who do I have a case against?
 


quincy

Senior Member
There does not need to be signs posted in all areas where you are not allowed to park. Parking to block driveways or parking in front of dumpsters are two places where it is expected people are bright enough to know not to park. Signs are not needed telling them not to park there.
 
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hangc

New member
There does not need to be signs posted in all areas where you are not allowed to park. Parking to block driveways or parking in front of dumpsters are two places where it is expected people are bright enough to know not to park without a sign telling them not to.
What if there are no signs at all on the premises?
 

xylene

Senior Member
No signage is necessary if parking blocks access.
That's defined quite clearly and it doesn't include dumpsters.

CHAPTER 11. Parking Lots [22950 - 22953]

It's a sketchy tow, and there should have been compliant signs in the lot and no parking signs for the dumpsters.

The OP should sue the tow company for the money he paid. They are already sunk by not maintaining the proper records.


 

quincy

Senior Member
You can read the tow laws.

I personally think you are out of luck but you could review the facts of the towing of your vehicle with an attorney in your area to see if you have a legal action to consider. Xylene apparently seems to think you do. I don't.
 
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