Towed from No Parking Area

**aljarrett** · 09-03-2009, 06:07 PM

My question involves towing laws for the State of: Califonia

I was parked next to a No Parking curb, where all residents load and unload items from their vehicle. There is not one space someone can use to load and unload close to their apartment (the closest is in front about 100 yards away) so because of that it is normal for people to load and unload at the No Parking curb. I was loading and unloading items from my car and while inside my apartment my car was towed after less that 20 minutes. There is a No Parking sign at the entrance of the complex but I think it does not follow requirements of cvc 22658a that state:

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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.

(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.

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The sign only has the phone number of the local police not the name and/or telephone of the towing company. I was hoping that will allow me to recover my money. I did find an area called cvc22658.2 (which I think is no longer in effect becasue is says repealed), it is as follows:

The part in Bold is the part that makes me concerned.

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Repealed Sec. 4, Ch. 609, Stats. 2006. Effective January 1, 2007.
The repealed section read as follows: “(a) Except as provided in subdivision (b), an “association”, as defined in subdivision (a) of Section 1351 of the Civil Code, of a common interest development, as defined in subdivision (c) of Section 1351 of the Civil Code, may cause the removal of a vehicle parked on that property to the nearest public garage if all of the following requirements are satisfied:
(1) A sign not less than 17 by 22 inches in size with lettering not less than one inch in height appears at each entrance to the common interest development and contains both of the following:
(A) A statement that public parking is prohibited and all vehicles not authorized to park on the common interest development will be removed at the owner’s expense.
(B) The telephone number of the local traffic law enforcement agency.The sign may also indicate that a citation may be issued for the violation.
(2) If the identity of the registered owner of the vehicle is known or readily ascertainable, the president of the association or his or her designee shall, within a reasonable time, notify the owner of the removal by first-class mail. If the identity of the owner of the vehicle is not known or ascertainable, the president of the association or his or her designee shall comply with subdivision (c) of Section 22853.
(3) The president of the association or his or her designee, gives or causes to be given, notice of the removal to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the license plate number, and the address from where the vehicle was removed.
(b) The association may cause the removal without notice of any vehicle parked in a marked fire lane, within 15 feet of a fire hydrant, in a parking space designated for disabled persons without proper authority, or in a manner which interferes with any entrance to, or exit from, the common interest development or any separate interest contained therein.
(c) Notwithstanding Section 1708 of the Civil Code, the association is not liable for any damages incurred by the vehicle owner because of the removal of a vehicle in compliance with this section or for any damage to the vehicle caused by the removal. However, the owner of a vehicle removed pursuant to this section may recover for any damage to the vehicle which results from any intentional or negligent act of the association or any person causing the removal of, or removing, the vehicle.
(d) Notwithstanding any other provision of law, subdivisions (f) to (k), inclusive, of Section 22658 apply to the removal of vehicles pursuant to this section.

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Any information or direction as to resolving this would be greatly appreciated.

Thanks

**cdwjava** · 09-03-2009, 07:43 PM

So, who had you car towed and why? Was it the management? If so, who signed the authorization (as in manager, security guard, resident acting for the manager, who)? Have you spoken to the management?

Is the curb marked as a fire lane?

- Carl

**aljarrett** · 09-03-2009, 07:59 PM

To answer your questions, the tow truck driver has a standing order from the Condo Assoociation to drive thru the property and tow anyone that is parking in the NO PARKING Area. The NO PARKING area is also marked as a Fire Lane. There are no areas inside the Gated community that are set aside for loading and unloading. Every crub is marked with the NO PARKING FIRE LANE but it is common practice to load and unload at that location for the building that I am in. The tow truck driver told me that if people are loading and unloading then he does not tow them, he made the decision to tow me because he did not see blinking parking lights or anyone by the vehicle. I have not seen anything written about what constitutes someone loading or unloading, it is up to the tow truck driver to make that determination.

Thanks for your reply

**cdwjava** · 09-04-2009, 12:06 AM

Quoting aljarrett

To answer your questions, the tow truck driver has a standing order from the Condo Assoociation to drive thru the property and tow anyone that is parking in the NO PARKING Area. The NO PARKING area is also marked as a Fire Lane. There are no areas inside the Gated community that are set aside for loading and unloading. Every crub is marked with the NO PARKING FIRE LANE but it is common practice to load and unload at that location for the building that I am in. The tow truck driver told me that if people are loading and unloading then he does not tow them, he made the decision to tow me because he did not see blinking parking lights or anyone by the vehicle. I have not seen anything written about what constitutes someone loading or unloading, it is up to the tow truck driver to make that determination.

Thanks for your reply

The fact you parked in a fire lane makes the tow far more defensible. CVC 22658(k)(E)(i) allows the tow operator to tow even without a signature from a representative.

(E) (i) General authorization to remove or commence removal of a
vehicle at the towing company's discretion shall not be delegated to
a towing company or its affiliates except in the case of a vehicle
unlawfully parked within 15 feet of a fire hydrant or in a fire lane,
or in a manner which interferes with an entrance to, or exit from,
the private property.

You may not have much of a defense here. The moral of the story is that you should NOT park in a fire lane, no matter what "common practice" might be.

- Carl

**aljarrett** · 09-04-2009, 08:07 AM

Thanks for your response, I appreciate your input.

I understand the interpretation but that would mean I would have to walk 100 yards to move into or out of my apartment or anything else for that matter.

**That Guy** · 09-04-2009, 10:31 AM

No, that means that you CAN load or off-load anything in or out of a vehicle as long as you don't leave it PARKED there with no one around for 20 minutes.

**cdwjava** · 09-04-2009, 11:48 AM

You do not have to find it reasonable, it's the law. In fact, even the police can come in and cite or tow you for it.

If the property is poorly designed as to not allow emergency vehicle traffic, bad for the builders. It still does not relieve you of responsibility not to leave your car unattended in the location. In fact, you might still be cited even if loading and unloading.

- Carl