Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection Noti

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06-28-2011, 07:02 PM
bigrgc

Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection Noti

My question involves towing laws for the State of: California

My car was towed by California CHP after breaking down on the freeway. I called the Highway Patrol and found out which towing company had taken the car. Three days after my car had been towed I contacted the tow company and found out the total was somewhere around $200-300 so I notified the tow company that I was going to leave the car for them to keep and I just wanted to recover some of my personal belongings. I was told that was fine and there would be no charge to recover the belongings I just couldn't take my stereo or stereo equipment. A day or so later I came with a friend but I didn't have registration so I told that I wasn't allowed to collect my belongings and we left. I came back about a week later with my dad, registration in hand and got my belongings while the receptionist watched. I asked her if she wanted the keys to my car and I was told "that would be nice" so I handed her the keys and we left with no problems. Well over a month later a recieved a collection notice with over $1,300 in fees and probably counting. The company had my phone number and address, also they saw me in person twice and I was not once notified of the charges. Is this legal?
06-28-2011, 08:35 PM
That Guy

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

Quote:

Quoting bigrgc

Is this legal?

Why isn't it legal?

Simply offering your vehicle over the phone and/or handing someone the keys to it isn't the proper way of transferring ownership regardless of what shape the vehicle is in. If having the keys to a vehicle that has been towed means that the tow operator "owns it", there are often times when they tow vehicles with the keys in the ignition and that would mean most every vehicle owner would have to "buy back" their vehicle from the tow yard rather than simply paying the fees to get it out.

Did you sign the vehicle title over to them?
Did you file a transfer and release of liability form with the DMV?
Do you have anything in writing from them accepting the vehicle in lieu of payment for the towing and storage fees ?
Lastly, if on day 3, you felt that the vehicle is not even worth the $200-$300 they initially quoted you, what makes you think it would be worth more than that when you handed them the keys on day 7 or much more on day 30?
06-28-2011, 09:23 PM
cdwjava

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

You can make a deal with them to sign over the title and they can own it free and clear. Or, they auction it off at a lien sale over 30 days later and what they do not make on the lien sale they can seek from you. It sounds as if they are billing you for the balance of what they did not receive on the lien sale.
06-29-2011, 12:58 AM
bigrgc

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

Quote:

Quoting That Guy

Why isn't it legal?

Simply offering your vehicle over the phone and/or handing someone the keys to it isn't the proper way of transferring ownership regardless of what shape the vehicle is in. If having the keys to a vehicle that has been towed means that the tow operator "owns it", there are often times when they tow vehicles with the keys in the ignition and that would mean most every vehicle owner would have to "buy back" their vehicle from the tow yard rather than simply paying the fees to get it out.

Did you sign the vehicle title over to them?
Did you file a transfer and release of liability form with the DMV?
Do you have anything in writing from them accepting the vehicle in lieu of payment for the towing and storage fees ?
Lastly, if on day 3, you felt that the vehicle is not even worth the $200-$300 they initially quoted you, what makes you think it would be worth more than that when you handed them the keys on day 7 or much more on day 30?

O.k. I understand that. But legally they don't have to notify me of the increasing costs of storage? They had multiple chances to notify me in person, over the phone, or by mail, which they did not do.

Quote:

Quoting cdwjava

You can make a deal with them to sign over the title and they can own it free and clear. Or, they auction it off at a lien sale over 30 days later and what they do not make on the lien sale they can seek from you. It sounds as if they are billing you for the balance of what they did not receive on the lien sale.

Makes sense. Thank you
06-29-2011, 01:18 AM
That Guy

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

Quote:

Quoting bigrgc

O.k. I understand that. But legally they don't have to notify me of the increasing costs of storage?

You mean you assumed they were going to store your vehicle for free? And for how long?

Quote:

Quoting bigrgc

They had multiple chances to notify me in person, over the phone, or by mail, which they did not do.

Here are all the related towing requirements -CVC 22650-22711. Specifically, you should read VC 22651.07 regarding any and all notices and in which format they have to provide each. Also, depending on how you were notified that your vehicle was towed and impounded, you may have received some sort of notice that had a hint or two about impounding and storage fees!
06-29-2011, 01:26 AM
cdwjava

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

Quote:

Quoting bigrgc

O.k. I understand that. But legally they don't have to notify me of the increasing costs of storage? They had multiple chances to notify me in person, over the phone, or by mail, which they did not do.

They did notify you. At that point you needed to make arrangements to collect the vehicle or sign it over to them with no further obligation.
06-29-2011, 01:54 AM
bigrgc

Re: Vehicle Towed in California, Handed Over the Keys, Over a Month Later Collection

Quote:

Quoting That Guy

You mean you assumed they were going to store your vehicle for free? And for how long?

Here are all the related towing requirements -CVC 22650-22711. Specifically, you should read VC 22651.07 regarding any and all notices and in which format they have to provide each. Also, depending on how you were notified that your vehicle was towed and impounded, you may have received some sort of notice that had a hint or two about impounding and storage fees!

Yes I have the notice they sent me. In their statement it says: If you have no further interest in, or do not want this vehicle, you may contact us at the address shown above to make arrangements for its disposal.

Well I contacted the tow company three times over the phone and twice in person letting them know that I had no further interest in the vehicle, and I did not want the vehicle. No arrangements for it's disposal were made. I was unaware of the laws regarding release of a vehicle to a tow company. As I said I was not notified of these laws or "requirements" by mail or otherwise, and I haven't attended law school so I was unaware of tow company policies and requirements. And if I come off as a smartass I apologize, this just isn't a common knowledge or common sense type of situation (at least in my opinion it isn't). And thank you for your help