My question involves a traffic citation from the state of: CA
I woke up this morning to see my car in the process of being towed and I ran out and asked him to not tow my car. He had the hitch on in the rear, but was in the process of putting the dollys on the front wheels. He told me he could charge me a drop fee for almost $100. I felt that something was off when my car was not even lifted. How can I go about getting my money back? I called and they said just because my car was hitched that they were allowed to ask for a drop fee. However I read these two statements:
(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.
My car has not been removed and I asked him to release my vehicle.
(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
^ It doesn't seem too specific to me. Does the car have to be up off of its wheels to even be considered?
"Towing companies can charge up to one half the regular cost of a tow if the owner returns to the car after it is hooked. This generally has been interpreted to mean attached to the tow truck and at least two wheels are off the ground. The DMV Section, 22658 (h) is not specific.
Additionally, the tow company can charge the full towing fee if the vehicle has left private property and is in transit."
Can they charge me a drop fee before they even fully hook up my car?
"Hooked up means the vehicle is fully prepared for transport by attachment to a tow truck, lifted in tow position, with tow lights and safety chains attached and, if required, placed on a dolly in a raised position and the only thing remaining is for the tow operator to drive away."
Thanks in advance for any help.