Illegal Sign Forbidding Parking - CVC 22658 in California

[timmybgood07]

My question involves towing laws for the State of: California

My car was towed at an apartment complex where no sign is visible. Do I have a legitimate reason for a claim?

CVC 22658 (a)(1) There is displayed, in plain view at all entrances to the property...

Entrance


North View


Location of Sign


South View


The sign is clearly not visible. Do I have a case? What is my first move?

Thank You

[cdwjava]

Why was it towed? Who authorized the tow?

Are you a resident? Were you visiting a resident?

[timmybgood07]

Why was it towed? Who authorized the tow?

Are you a resident? Were you visiting a resident?

I am not a resident, just a visitor. Im not sure who authorized the tow, Im assuming it was a resident or a manager. I was towed because I was an unauthorized vehicle. They say the spots are reserved for tennants but the spots are not marked.

[cdwjava]

I am not a resident, just a visitor. Im not sure who authorized the tow, Im assuming it was a resident or a manager. I was towed because I was an unauthorized vehicle. They say the spots are reserved for tennants but the spots are not marked.

Depending on who had it towed and why, 22658 may not apply.

Before you can do much more, you need to find this out.

[timmybgood07]

Depending on who had it towed and why, 22658 may not apply.

Before you can do much more, you need to find this out.

It was authorized by the manager because I was parked in sombodys spot.

I was told that the sign can be posted anywhere on the property. Is that true? Even if it is hidden in the back?

[cdwjava]

This is covered under 22658(a)(1):

22658. (a) The owner or person in lawful possession of private
property, including an association of a common interest development
as defined in Section 1351 of the Civil Code, may cause the removal
of a vehicle parked on the property to a storage facility that meets
the requirements of subdivision (n) under any of the following
circumstances:
(1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.

It must be posted at all entrances.

You might want to provide the manager with a copy of these subsections from 22658:

(e) (1) An owner or person in lawful possession of private
property, or an association of a common interest development, causing
the removal of a vehicle parked on that property is liable for
double the storage or towing charges whenever there has been a
failure to comply with paragraph (1), (2), or (3) of subdivision (a)
or to state the grounds for the removal of the vehicle if requested
by the legal or registered owner of the vehicle as required by
subdivision (f).
(2) A property owner or owner's agent or lessee who causes the
removal of a vehicle parked on that property pursuant to the
exemption set forth in subparagraph (A) of paragraph (1) of
subdivision (l) and fails to comply with that subdivision is guilty
of an infraction, punishable by a fine of one thousand dollars
($1,000).

The manager could be charged with an infraction (criminal offense) and would appear to be liable for double the storage fees. You can either call the police to enforce the infraction and PRAY that the responding officer is familiar with this subsection (which, I would very much doubt), or, you can threaten to take the management to small claims court.

[timmybgood07]

SWWEEEEEETT!!! Thanks for all your help. Ill let you know what happens

[timmybgood07]

hi, i spoke with a long beach auto theft detective and he said that 22658 did not apply to apartment complexes, mobile homes, and etc. he did not refer to any local ordinances or a specific section of the law. is he correct, or should i still notify the manager or file for a small claims court?

[cdwjava]

hi, i spoke with a long beach auto theft detective and he said that 22658 did not apply to apartment complexes, mobile homes, and etc. he did not refer to any local ordinances or a specific section of the law. is he correct, or should i still notify the manager or file for a small claims court?

I suspect the detective is not familiar with the code section. I suspected as much as most officers are NOT familiar with it because we rarely deal with it as a criminal matter. LAPD has a unit dedicated to predatory tows, so THEY have a unit that is very familiar with these laws.

There are only four circumstances upon which a property owner can cause the removal of a vehicle from their property:

(1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.
(2) The vehicle has been issued a notice of parking violation, and
96 hours have elapsed since the issuance of that notice.
(3) The vehicle is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other major
part or equipment necessary to operate safely on the highways, the
owner or person in lawful possession of the private property has
notified the local traffic law enforcement agency, and 24 hours have
elapsed since that notification.
(4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.

The last is a residential property and would not apply to an apartment complex.

If it were me, I would print out the whole of 22658, highlight the relevant sections, ask how the property conformed to the code section and who authorized the tow, and then point out the penalties. If they still deny your claim, then small claims court is your only recourse.