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Vehicle tow Laws

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standfirm25

New member
What is the name of your state? California
My vehicle was towed (without my knowledge or permission) from a trailer park and I witnessed the driver gaining access to my vehicle from the driver side door, also when I asked the driver how he got my van in neutral to tow it he stated that he used an airbag to prop the door open and then he unlocked it. I never gave him permission to enter my vehicle, is he allowed to gain access to my vehicle without my permission so he can tow my car?
 


Just Blue

Senior Member
What is the name of your state? California
My vehicle was towed (without my knowledge or permission) from a trailer park and I witnessed the driver gaining access to my vehicle from the driver side door, also when I asked the driver how he got my van in neutral to tow it he stated that he used an airbag to prop the door open and then he unlocked it. I never gave him permission to enter my vehicle, is he allowed to gain access to my vehicle without my permission so he can tow my car?
Why was you car being towed? Why did you watch this tow and not attempt to stop it?
 

adjusterjack

Senior Member
I never gave him permission to enter my vehicle, is he allowed to gain access to my vehicle without my permission so he can tow my car?
He's allowed to do what it takes to tow the car as long as he doesn't damage the car. And he doesn't need your permission.
 

Eekamouse

Senior Member
What is the name of your state? California
My vehicle was towed (without my knowledge or permission) from a trailer park and I witnessed the driver gaining access to my vehicle from the driver side door, also when I asked the driver how he got my van in neutral to tow it he stated that he used an airbag to prop the door open and then he unlocked it. I never gave him permission to enter my vehicle, is he allowed to gain access to my vehicle without my permission so he can tow my car?
What park rule did you violate that led the to have your vehicle towed?
 

CdwJava

Senior Member
What is the name of your state? California
My vehicle was towed (without my knowledge or permission) from a trailer park and I witnessed the driver gaining access to my vehicle from the driver side door, also when I asked the driver how he got my van in neutral to tow it he stated that he used an airbag to prop the door open and then he unlocked it. I never gave him permission to enter my vehicle, is he allowed to gain access to my vehicle without my permission so he can tow my car?
WHY was it towed?

WHY did you not contact the tow driver?

Have you retrieved the vehicle from the tow yard, yet?

In general, if he had lawful cause to tow the car, he can make entry for that purpose - to safely conduct the tow. Would you prefer that they had just dragged it by cable onto a flatbed and then drag it off?
 

standfirm25

New member
Ok, I'm a social worker for the county and I was briefly completely a welfare check on a child. The trailer park has a open lot at the front of the park. Apparently, one portion of the lot is for residents and the other is for guests. The tow driver stated I parked on the wrong side of the lot and I caught him pulling my car out of the park and he stopped right outside the trailer park, I told him my situation, he stated it would cost $200 to drop my car, I paid the $200 to get my car back but I feel like it was raw deal.
 

CdwJava

Senior Member
You parked on "the wrong side of the lot"? What does THAT mean? An unmarked space? A fire lane? Someone else's space? There are very few reasons that you could have been towed so soon after parking from the property, and fewer still if the responsible party (manager, etc., or their designated agent) for the property called to have it done. Even with such a call, depending on the reason, there are time limits that apply.

This has all the earmarks of an unlawful (i.e. predatory) tow.

Your options might be limited unless you want to go to Small Claims Court. Were you in a county (agency) vehicle? If not, why not? I'm not familiar with any county that has Social Workers responding in their personal vehicles on a regular basis.
 

standfirm25

New member
The space was umarked, its an open lot for guest and residents and the tow driver stated I was 1 row in the wrong area. Management was not involved. The driver was in the trailer park on some other business and stated that he didn't recognize my van so it caught his attention. I was not in a county vehicle. I happen to be on my off day and that was the only task I needed to completed and it would've taken longer to get a county vehicle and so on. The tow driver stated that he still would've taken it if it was a county vehicle. LA county requires their SW's to use their own vehicles.
 

PayrollHRGuy

Senior Member
Sue 'em. At the time you should have called the police and reported your car stolen.

Go out and take photos of the area first.
 

CdwJava

Senior Member
The space was umarked, its an open lot for guest and residents and the tow driver stated I was 1 row in the wrong area. Management was not involved. The driver was in the trailer park on some other business and stated that he didn't recognize my van so it caught his attention. I was not in a county vehicle. I happen to be on my off day and that was the only task I needed to completed and it would've taken longer to get a county vehicle and so on. The tow driver stated that he still would've taken it if it was a county vehicle. LA county requires their SW's to use their own vehicles.
Shame on LA County! As a former manager myself, I am a bit shaken at the thought of using personal vehicles on work-related business. The liability implications alone are ... unnerving.

If this to was made by the tow company and you were simply parked in an unapproved space (not handicapped or fire lane) then you might be able to collect more than the cost of the drop fee (the $200). As I stated, this sounds as if you were a victim of a predatory tow scheme. Los Angeles used to have a unit of the LAPD dedicated to pursuing these folks, so if you were in the LA jurisdiction it might be worth looking into. If you were parked for less than an hour, if the management was not notified, or, there are not signs complying to VC 22658, then this tow was clearly unlawful. If, as you state, you were there for a few minutes, this was a predatory (unlawful) tow.

Whether you want to take the time and effort to pursue them in Small Claims is up to you. It might not be worth the effort since you would have to take time off work and all, but, these yay-hoos will do it again and again until someone calls them on it.
 

CdwJava

Senior Member
Sue 'em. At the time you should have called the police and reported your car stolen.

Go out and take photos of the area first.
Well, the police would not have taken the stolen report since it, arguably, was not. However, if the police responded promptly while the tow was still on the scene, it's possible that (provided the knowledge of the responding officer was sufficient) the driver could have been cited or booked for a misdemeanor on the unlawful tow.
 

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