My Car Was Towed

[melodieb78]

Aliso Viejo, Ca

I had visited my sister and arrived around 7pm. Decided to stay the night and around midnight my car alarm went off. I went outside to make sure everything was ok and my car was gone. Thinking my car had been stolen I panicked - my sister suggested that the apt complex had possibly towed my car. After going through the security company, apt complex and the towing company I came to the conclusion that the apt complex rule is any car parked in an open space past 11pm is subject to being towed.

$170 later - I get my car back the next morning and I'm an hour late for work. I went to my sisters again the next day and took notice of the signs posted as you enter the complex - as there are no postings inside the complex about the parking restrictions.

The sign reads that there is no parking in open spaces over 72 hours. I spoke with the apt complex today and was informed that they changed their rule to any cars after 11pm are subject to towing. They stated that they changed this rule back in July 2007 and it's up to the residents to let me know the rules. I advised the woman that I spoke with that I understand that since the apts are private property they can change their rules at any time - I asked how they were going to enforce these rules without the proper signs being posted. She just laughed at me and said they can change their rules whenever they want.

I'm wondering if I have a leg to stand on here in order to get my money back since the signs posted are incorrect. Is there a timeframe in which such signs need to be upated after making a change in policy?

Any suggestions on how to pursue this would be greatly appreciated!

[Mr. Knowitall]

The law is here, and there may be additional local ordinances. From what you say, the tow was not lawful.

[edbehnke48653]

small claims court......i hear it clearly...you got your money back.

[melodieb78]

Thank you so much for that information. I have printed the info and I'm going to look up the other local ordinaces just to ensure that I have all my ducks in a row before I pursue this further.

Thanks again.

[melodieb78]

Ok - I need some more help on my original post.

I wish I had the ability to copy and paste the signs that are posted outside of the complex so that you could read exactly what is stated. Anyway - I spoke with the manager of the complex who advised me that part of the sign is supposed to pertain residents parking policy and the other part is to pertain to the guests. The sign obviously doesn't indicate which part of the rules pertain to who - if it did I wouldn't be writing this post. She then explained how each resident signs in their lease their acknowledgement of the parking policies and how the resident should have informed me - which I then explained to the complex manager the rules for towing cars from private property - she then stated she would get back with me. Once she got back with me she said she spoke with her legal dept and the towing company (she states they supplied the signs) and the towing company is "fairly confident" that the signs are in compliance. So I explained how they are not in compliance - she then offered to pay me half of the towing charge. I told her that I would think about it and I would get back to her. I've decided to go forward with pursuing the entire amount. My question is - how do I do that? I've never gone to small claims court so I'm not sure of who to notify or call. Any direction would be greatly appreciated!

[aaron]

Here's a lot of information about filing a small claims case in California.

[melodieb78]

Thank you for the info - I was able to download all the necessary forms and I've got a better understanding of what I need to do.

I keep reposting because I don't want to make a big stink and end up being at fault.

Here is the exact verbiage used on the sign that is posted before you enter the apartment complex:

PRIVATE PROPERTY
NO PARKING
At red curbs
In "No Parking" Areas
In Front of dumpsters
Open spaces over 72 hours
In front of garage doors or carports
NO PUBLIC PARKING
Handicap parked vehicles must
Display placards or license plates
Issued for a handicapped person
CAUTION
CHILDREN AT PLAY
Vehicles in violation of
the foregoing will be towed
away at the owner's expense.
For information concerning
towed vehicles call:
To' and Mo' Towing 949-448-7800
O.C. Sheriff Dept 949-770-6011
No bicycle riding on sidewalk
No loitering or solicitng
Violators will be prosecuted
CVC 22658A CVC 225118A, B & D, CVC 22500.1
CPC 602.L and 602.N

This is exactly what is posted on the sign. Was the towing of my car unlawful?

[chuckycheese]

If I were you, I'd discuss settling this in small claims court with the manager before I spent any time at all pursuing that remedy. She very well may pay the whole thing and you'll be done with the matter.

[melodieb78]

I asked the manager to reimburse me for the towing fees - even read her the laws for towing on private property - but the most she would pay is half. So - I will continue this in small claims court.

Thank you!