Towed away!

[sungod916]

What is the name of your state? CA

What can I do?

I was just towed by my apartments.

I was NOT parked in a red zone and was NOT parked in disable zone.

There is this curb that sticks out and it is marked for 2 cars to park on it. When two cars park, a little piece of the curb sticks out and so there is always some jerk who parks next to the 2nd car, and therefore blocks half of the driveway.

I was the 2nd guy parked, and to prevent the 3rd person from blocking the driveway, I parked a little bit more to the left away from car #1 so that the curb didn't stick out, and the 3rd person wouldn't park there.

Does this make sense?

So I've complained about this 2 times to management. So whenever I parked there, i've been parking a little bit to the left to stop it.

But today they towed me away!

Here is the thing.
#1 the curb is not marked a red zone, like it is on the oppsite curb 15 feet away.
#2 I was not blocking the driveway.
#3 They have my license#, make, model and description and they did not call me to warn me they were towing.

The only reasonable explanation I could think of was that I was parked a little bit away from car #1. But there is only 1 white line painted, so technically I could park anywhere from that white line so long as I was not parking in the driveway.

What can I do about this?

I was thinking of paying the towing and impound fee, then asking them to take it off the rent.

 

[CdwJava]

Why is it they say you were towed?

- Carl

 

[sungod916]

Well...

The form I got from the towing company states I was "Not in parking area, out in street"

Which is totally false.

I talked to the office, apparantly she told the towing company to "tow anyone parked illegally"

Can they do that without calling the traffic police? Even on private property?
Because who are they towing to say who is parked illegally?

 

[sungod916]

Vehicle Code

Does this part of the CA vehicle code apply to this situation? (Private Property vs tenant)

CA Vehicle Code: 22658

 

[CdwJava]

CVC 22658 is the place to start, yes. And the police have nothing to do with private property impounds like you describe. If the property is not properly signed, then the management could be held liable.

- Carl

 

[seniorjudge]

I was just towed by my apartments.

I'll bet that hurt!

 

[sungod916]

I guess what I am asking is according to the law, did they have the right to impound my car considering these factors:

#1 No warning (the VH states something about 96 hour notice)
#2 I live there
#3 I wasn't parked illegally and how in the heck can they even prove I was? Am I just supposed to take their word for it or something?

 

[CdwJava]

I guess what I am asking is according to the law, did they have the right to impound my car considering these factors:

#1 No warning (the VH states something about 96 hour notice)
#2 I live there
#3 I wasn't parked illegally and how in the heck can they even prove I was? Am I just supposed to take their word for it or something?

It depends on the proper signage and posting. And without seeing how the area was marked, and what signs controlled access to the property, and what your CCRs state, I doubt a good opinion can be made.

Very often there are done without proper signage and thus not lawfully. However, the remedy will be found in civil court so you may have to get an attorney or do some research and take the owners of the complex to small claims court.

There may be some tenants' rights organizations in your area as well. They might be able to help.

- Carl