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  1. #1
    Join Date
    Aug 2009
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    3

    Default CVC 22658(A)(2) For Private Parking Violations

    My question involves towing laws for the State of: California

    22658(a) CVC reads:
    "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.

    (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."

    My question is posed to anyone who can clarify subsection (a)(2) of 22658 which states that a vehicle may be towed if a parking violation notice has been issued to the vehicle and 96 hours have elapsed since the issuance of that issuance. Does this apply if the vehicle has been issued a parking violation and has since been moved off the private property and is later parked on the same private property on a different day? Or perhaps put more simply, must the vehicle be parked for the duration of the 96+ hours after the issuance of a parking violation in order to be towed?

    Can the owner of a private parking facility cause one's vehicle to be towed as a result of unpaid private parking violation citations?

    Any assistance is much appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: CVC 22658(A)(2) For Private Parking Violations

    If the vehicle is towed under subsection (a)(2), quite obviously 96 hours must elapse. If the vehicle is towed under a different subsection, the terms of that other subsection govern.

  3. #3
    Join Date
    Aug 2009
    Posts
    3

    Default Re: CVC 22658(A)(2) For Private Parking Violations

    Must the vehicle remain in the private parking facility for the duration of the 96 hours in order to tow under 22658(a)(2)?

    Does 22658(a)(2) apply when the vehicle does not remain in the private parking facility for the duration of 96 hours after the issuance of the citation and then returns to that facility at a later date?

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