Car Towed from My Designated Parking Spot by Apartment Manager
My question involves a towing in the state of: California
Yesterday i came home after a doctor's appointment I hadn't been home an hour and went to take my son out to dinner only to find my car gone. I thought initially that it was stolen so I told my son to go to tell the apartment manager while I called the police. My son came back while I was on hold saying that the manager said my car was towed and he handed me a business card. The tow company gave me a hassle saying the car had been towed and was in route to tow yard. They advised I had to come pick it up and that it was towed because there was no permit in the window even though my car is registered with the apartments and my lease states that parking space is exclusively designated for my car. I ended up finding the parking pass in the back seat when I picked up my car and had to pay a hefty $255 for tow and storage. All this happened in a matter of an hour. My question is is this legal and is there anyway to get back the money I spent to get my car out of the tow yard? By the way I talked to the manager about giving me my money back and she claimed that the car was illegally parked and their lease overrides California law???
Re: Car Towed from My Designated Parking Spot by Apartment Manager
I used to work for a property mgmt company that had numerous apartments & condos. Even though your car was registered and on file with the apartment manager most places require that your parking permit/sticker be visible at all times. I think a better solution would have been for the apartment manager to look up the parking space, if it was an "assigned space" it should have a number or some type of identification, and see that it is for your apartment and then they should have given you a courtesy call. JMO. Do you have a written lease that states the parking rules? If you do and it says specifically that you MUST have your parking sticker/permit visible in your vehicle then I don't think their is much you can do. I would file a complaint with the manager to have on file (always keep a copy). I my dealing with towing companies once they have hooked your car up they must tow it away. Complaining to them does no good as they are just doing their job and wont get in the middle of any dispute.
Re: Car Towed from My Designated Parking Spot by Apartment Manager
I don't know how it got to the back seat it's a sticker that sticks to the window and it was in the window when I left the car. I have looked at my lease and it says nothing in regards to the parking sticker and there is nothing posted around the complex in regards to permits being posted or being subject to tow. Verbally the landlord told me the permit should be put in the back window when I moved in but she never stated anything about a tow policy. I just feel like this was done purposely because the car parked next next to me was backed in which in the lease is a direct violation but it was not towed. This feels wrong on so many levels. What about california vehicle codes 22658 and 22953 wouldnt these apply?
Re: Car Towed from My Designated Parking Spot by Apartment Manager
Quote:
Quoting
shezprecise
I don't know how it got to the back seat it's a sticker that sticks to the window and it was in the window when I left the car. I have looked at my lease and it says nothing in regards to the parking sticker and there is nothing posted around the complex in regards to permits being posted or being subject to tow. Verbally the landlord told me the permit should be put in the back window when I moved in but she never stated anything about a tow policy. I just feel like this was done purposely because the car parked next next to me was backed in which in the lease is a direct violation but it was not towed. This feels wrong on so many levels. What about california vehicle codes 22658 and 22953 wouldnt these apply?
22953 would not apply simply because an apartment complex parking is not open to the public. 22658 would apply but you'd have to start by verifying whether 22658(a)(1) signage requirements are present or not. If not, then the landlord/management owes you pursuant to 22658(e)(1)
(e) (1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f).
If that doesn't work then you can work your way down to subsection (l), which starts with:
(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
.. (its too long to cite in its entirety) And go from there.
Once is all said and done, you need to figure out how the sticker came off your back window and jumped on the seat.