Hello,
I am a resident at a large apartment complex in Los Angeles. My vehicle was legally parked displaying current plates and stickers. Management did not realize it was a tenant vehicle and had it towed (currently working through getting reimbursed for the cost of the tow and storage through them).
In the event that I cannot workout an arrangement with them - I would be willing to go after the towing company because the on-site security at our apartment complex did not provide all of the required information in the written authorization to tow.
Specifically, they did not include "The time when the vehicle was first observed parked at the private property" - making the authorization outside of compliance. (See 22658(l)(1)(B)(iv), in bold, below).
Are these protections pretty air-tight? Meaning, do I have a case to sue based on this small technicality? My reading of the law is I do.
I do believe this was a mistake and do not want to turn it into a windfall (punitive damages, etc). However, I'll go after the property management, security company who didn't fill out the proper information or the two company if it means I won't get stuck paying the $390 bill for someone else's mistake.
Any thoughts on options or avenues would be great. Additionally, if anyone had any resources for a sample demand letter for something like this, I'd be greatly appreciative.
(l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address, and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.
What is the name of your state (only U.S. law)? California
I am a resident at a large apartment complex in Los Angeles. My vehicle was legally parked displaying current plates and stickers. Management did not realize it was a tenant vehicle and had it towed (currently working through getting reimbursed for the cost of the tow and storage through them).
In the event that I cannot workout an arrangement with them - I would be willing to go after the towing company because the on-site security at our apartment complex did not provide all of the required information in the written authorization to tow.
Specifically, they did not include "The time when the vehicle was first observed parked at the private property" - making the authorization outside of compliance. (See 22658(l)(1)(B)(iv), in bold, below).
Are these protections pretty air-tight? Meaning, do I have a case to sue based on this small technicality? My reading of the law is I do.
I do believe this was a mistake and do not want to turn it into a windfall (punitive damages, etc). However, I'll go after the property management, security company who didn't fill out the proper information or the two company if it means I won't get stuck paying the $390 bill for someone else's mistake.
Any thoughts on options or avenues would be great. Additionally, if anyone had any resources for a sample demand letter for something like this, I'd be greatly appreciative.
(l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address, and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.
What is the name of your state (only U.S. law)? California