I am suing a business in California for illegally towing my vehicle from their private property.
Essentially, my vehicle's tires were on the curb of the corner parking space I had pulled into and it was subsequently towed (it was not on a sidewalk or impeding any other California law). C.V.C. 22658a dictates the responsibilities and guidelines a private property owner must adhere to if they wish to tow a vehicle from their property in California. One of these regulations is that there is a sign at all entrances to the property that forewarns visitors that the parking lot they are entering is subject to towing (this business did not adhere to this regulation). Instead, there was a sign near the stall informing that the spaces were for, "retail parking only," and, "2 hour limit." I did not contravene either of these parking edicts. However, my car was still towed. I have photographic proof that the business was not within regulation of C.V.C. 22658 by not having a sign at the entrance (which they quickly remedied once I brought it to their attention), and I have proof as well that I did not violate either of the listed parking commandments.
After an extensive volley of e-mails explaining the lack of legality concerning the towing, they refuse to refund me my money. We've exchanged approx. one dozen e-mails. My question is this: because I've succinctly and extensively explained how the towing was illegal and therefore it shouldn't have happened to begin with, and even though we've had numerous correspondences the culmination of the conversation came to, "so sue me," is it possible to sue, in small claims court, for my lost time with having to do the necessary research and filling out of court forms and going to court to get back the money they've illegally charged to begin with?
Can I sue for the towing fee plus the court fee plus a reasonable punitive amount? I was thinking one day of my normal hourly wage for time lost.
Thank you in advance for any responses.
Essentially, my vehicle's tires were on the curb of the corner parking space I had pulled into and it was subsequently towed (it was not on a sidewalk or impeding any other California law). C.V.C. 22658a dictates the responsibilities and guidelines a private property owner must adhere to if they wish to tow a vehicle from their property in California. One of these regulations is that there is a sign at all entrances to the property that forewarns visitors that the parking lot they are entering is subject to towing (this business did not adhere to this regulation). Instead, there was a sign near the stall informing that the spaces were for, "retail parking only," and, "2 hour limit." I did not contravene either of these parking edicts. However, my car was still towed. I have photographic proof that the business was not within regulation of C.V.C. 22658 by not having a sign at the entrance (which they quickly remedied once I brought it to their attention), and I have proof as well that I did not violate either of the listed parking commandments.
After an extensive volley of e-mails explaining the lack of legality concerning the towing, they refuse to refund me my money. We've exchanged approx. one dozen e-mails. My question is this: because I've succinctly and extensively explained how the towing was illegal and therefore it shouldn't have happened to begin with, and even though we've had numerous correspondences the culmination of the conversation came to, "so sue me," is it possible to sue, in small claims court, for my lost time with having to do the necessary research and filling out of court forms and going to court to get back the money they've illegally charged to begin with?
Can I sue for the towing fee plus the court fee plus a reasonable punitive amount? I was thinking one day of my normal hourly wage for time lost.
Thank you in advance for any responses.