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  • 02-15-2013, 01:13 AM
    Eteal
    Vehicle Towed from Deeded Condo Parking Space
    My question involves a towing in the state of: California

    I am an owner in a condo with deeded parking. The other day, my vehicle was towed from (I believe) my deeded parking space. Our CC&Rs state that towing must be in compliance with VC 22658. My car has a current registration and tags and is in good working order. I last parked the car around 10pm and noticed it had been towed by 5pm the following day. With this in mind, I have several questions to follow.

    1) I received no notice of a parking violation, but our lot does have appropriate signs. I drove my car late the previous night and no notice was visible on it. Is there any required notice if the lot has the correct signs? While I'm 99% confident I parked in the correct space, do I have any recourse if I accidentally parked in an adjacent space?

    2) Notice notwithstanding, that my vehicle was towed from my own spot should be adequate, yes?

    3) What documents should I be looking to get from the towing company, the local PD, and potentially building manager/HOA/management company?

    4a) I suspect the towing company (who I've verified has my vehicle) may get ornery about fees; do I have any immediate recourse other than to pay and subsequently go to small claims court?

    4b) Less of a legal question, but is there anything I can do to make things go smoothly with the tow company when I pick up my vehicle?

    5) If I have to go to small claims, who would I be naming? The person who filed the complaint? Management company? HOA?

    *) And just, generally, what's the process like for all of this and is there anything I should be looking out for?

    Thank you!

    - - - Updated - - -

    A secondary issue which may come up--I don't know yet:

    I only recently moved into the condo, and last week received the grant deed from the county. On it, there's a discrepancy: it lists a deeded space different from the one on all our mortgage paperwork. I've taken this up with Title, but they're still working on it (the erroneous space on the grant deed is actually deeded to a different unit and in use). If I have to go to small claims, is this going to cause me problems and how should I prepare for them?
  • 02-15-2013, 01:44 AM
    cdwjava
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Why did they tow it? Was there supposed to be a permit that was not displayed properly? Was the space marked and reserved for someone else, and NOT your vehicle? If you believe it WAS your space, how do you know this? It sounds as if you have not verified much of anything yet.

    How many units does the complex have? Who signed for or authorized the tow? What did the management say about the tow?

    Is the property properly posted per 22658 VC?

    Also, the longer it stays in storage, the greater the fees are to get it out. Any fight you make will take a long time and by then your car could rack up over $2,000 in fees and be subject to a lien sale (after 30 days), so you might want to get it out now and try to fight it later.
  • 02-15-2013, 03:34 AM
    Eteal
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Thanks for the quick, late-night reply. In answer to your questions:

    I'll be picking up the car first thing tomorrow, and will be getting the authorization from the tow company, per 22658 VC. With that I'll be able to figure out what the cited reason was, and possibly some information on who authorized it. Subsequently I'll be talking to the HOA and building manager to see if they have any additional information.

    As to the space: I know it's my space as it's listed so in the deed, both in text and diagram. I own the space. We don't have permits at our building, nor does management/HOA keep track of vehicles registered to owners. The property is properly posted per 22658 VC. The building has ~120 units.

    I'll update when I have more information.
  • 02-15-2013, 04:06 AM
    cdwjava
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Please do. I will have to look in greater depth later, but unless your space was in a fire lane they would have to have had some representative of the HOA or management company specifically authorize the tow, if memory serves. It would help in the analysis to know what the tow company cited as the reason and, of course, who authorized the tow.

    Is this in the Los Angeles area? If not, what metropolitan area do you live in?
  • 02-15-2013, 10:50 AM
    Eteal
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Got my car back. $410 poorer for it.

    The authorization cites "Reserved Parking" as the reason for my tow, but doesn't list any further information or provide any evidence of which space the vehicle was parked in. It only lists the name of my building as the requestor. According to the management company, they have no direct involvement in parking enforcement/towing. I'm still trying to figure out who actually signed-off on the tow (security guard, another owner, building super, etc.)

    I contacted (that is to say, left a message and wrote an email to) the appropriate police officer/department, but given current staffing issues, it's an open question when, if ever, he'll get back to me. Not his fault, just the way things are.

    This is in San Jose.
  • 02-15-2013, 05:35 PM
    cdwjava
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Quote:

    Quoting Eteal
    View Post
    Got my car back. $410 poorer for it.

    The authorization cites "Reserved Parking" as the reason for my tow, but doesn't list any further information or provide any evidence of which space the vehicle was parked in. It only lists the name of my building as the requestor. According to the management company, they have no direct involvement in parking enforcement/towing. I'm still trying to figure out who actually signed-off on the tow (security guard, another owner, building super, etc.)

    You might want to press the tow company for the details on who approved the tow or they coul dbe paying you a lot of money AND, potentially, charged with a crime.

    22658(l)(1)(A) A towing company shall not remove or commence the
    removal of a vehicle from private property without first obtaining
    the written authorization
    from the property owner or lessee,
    including an association of a common interest development, or an
    employee or agent thereof, who shall be present at the time of
    removal and verify the alleged violation, except that presence and
    verification is not required if the person authorizing the tow is the
    property owner, or the owner's agent who is not a tow operator, of a
    residential rental property of 15 or fewer units that does not have
    an onsite owner, owner's agent or employee, and the tenant has
    verified the violation, requested the tow from that tenant's assigned
    parking space, and provided a signed request or electronic mail, or
    has called and provides a signed request or electronic mail within 24
    hours, to the property owner or owner's agent, which the owner or
    agent shall provide to the towing company within 48 hours of
    authorizing the tow. The signed request or electronic mail shall
    contain the name and address of the tenant, and the date and time the
    tenant requested the tow. A towing company shall obtain, within 48
    hours of receiving the written authorization to tow, a copy of a
    tenant request required pursuant to this subparagraph. For the
    purpose of this subparagraph, a person providing the written
    authorization who is required to be present on the private property
    at the time of the tow does not have to be physically present at the
    specified location of where the vehicle to be removed is located on
    the private property.
    (B) The written authorization under subparagraph (A) shall include
    all of the following:
    (i) The make, model, vehicle identification number, and license
    plate number of the removed vehicle.
    (ii) The name, signature, job title, residential or business
    address, and working telephone number of the person, described in
    subparagraph (A), authorizing the removal of the vehicle.
    (iii) The grounds for the removal of the vehicle.
    (iv) The time when the vehicle was first observed parked at the
    private property.
    (v) The time that authorization to tow the vehicle was given.

    Quote:

    I contacted (that is to say, left a message and wrote an email to) the appropriate police officer/department, but given current staffing issues, it's an open question when, if ever, he'll get back to me. Not his fault, just the way things are.
    This is not likely going to be an issue that they will address.
  • 02-17-2013, 12:42 PM
    Eteal
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    Thanks. I'll pursue that angle. It doesn't look like the camera on that level of the garage has an angle on my space (though I am working to get the footage from the HOA), so it would be nice to have something to work with other than a he said, she said.

    I'm also curious about:

    Quote:

    (b) The tow truck operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal and the time of the removal from the property. If the tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property.
    My vehicle is, of course, registered to my address, so the tow company should have been able to give me notice of the towing. Should I be expecting a letter to have arrived or being arriving in the next few business days? If I don't receive one, is that something I could pursue, as well?
  • 02-17-2013, 12:52 PM
    cdwjava
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    It takes time to obtain the registered owner information from the DMV and then to mail it out. That's not your best avenue to pursue.
  • 02-18-2013, 08:51 AM
    Speedy Gonzalez
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    When you say you parked in the deeded space, do you mean the incorrectly recorded space on he county records or the correct space on the mortgage paperwork?

    Someone else may be in the same situation that you are in and may have authorized the tow. Your management company may have no knowledge of the incident.
  • 02-18-2013, 11:15 PM
    Eteal
    Re: California VC 22658 Remedies (Vehicle Towed from Deeded Condo Parking Space)
    The correct one on my mortgage paperwork. The incorrect one in used by a different owner (and on their deed).

    One slight possibility is as follows: there's a penthouse units that had been sitting vacant and the developer is now trying to lease. They should know the space listed on my mortgage (they sold it to me, after all), but if somehow the company sub-contracted to handle the leases got the wrong info, it could have led to the tow. I'm still trying to get info on who specifically authorized the tow, which will hopefully shed more light. Alternatively, if I get towed from my space again, that may also be informative, but not at a price I want to pay >.>
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