Can I Be Towed from a Business Where They Do Not List a Towing Company
My question involves a traffic citation from the state of: Califonia
My vehicle was towed from a parking spot at a business in which 'no parking' signs were displayed, but in which there was no phone number was listed for the tow company (nor was any tow company listed). I managed to locate which tow company was used on my own, but from the law it says that the number must be displayed for the sign to be valid. Now, I know that I was technically towed illegally, but my question is whether or not it is plausible to recoup the towing fees in small claims court.
Quote:
Quoting CA tow law
(a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in ( ) Sections 4080 and 4100 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.
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
It depends on why you were towed.
How long had your car been parked in the lot? Was it apparently inoperable or abandoned? Was it parked in a handicapped space or a fire lane?
If you were towed pursuant to VC 22658 then you may have an argument to receive a few dollars back from either the property owner/manager, or the tow company (depending on the circumstances).
First thing, get your car OUT of impound. Every day it will cost you more. Second, make sure to get any paperwork that you can on the impound. If they will tell you, find out who authorized the tow. The tow company is generally NOT permitted to drive through parking lots and tow cars, so someone will have to have authorized the tow unless you were parked in a fire lane or were towed for some reason not specifically covered under 22658.
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Are tow companies allowed to have deals in which they are allowed to drive by, say, a commercial property any time and tow cars from the lot?
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Quote:
Quoting
Hatorade
Are tow companies allowed to have deals in which they are allowed to drive by, say, a commercial property any time and tow cars from the lot?
For 22658, no. If you are parked in a fire lane, yes.
In general, tow companies cannot be provided carte blanche to tow without specific approval from someone responsible for the property.
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Quote:
Quoting
cdwjava
For 22658, no. If you are parked in a fire lane, yes.
In general, tow companies cannot be provided carte blanche to tow without specific approval from someone responsible for the property.
What provisions outside 22658 allow for this 'carte blanche?' Where would I read up on that? I wasn't parked in a fire lane, within 15 feet of a fire hydrant, or any of that.
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Are you even reading what cdwjava posted?
He says they are not given a 'carte blanche' and you respond by asking what provisions allow for this 'carte blanche'?
22658 can be found by clicking THIS link.
It would be much easier for you to describe the circumstances under which you were towed than it is for us to interpret the scope of the law as it stands and all the ptrovisions it may or may not cover.
Your description should include all facts related to the incident including the time you parked, the time your car was towed if known, the time you retrieved your car if you have done so. The details from any forms you were provided. The authority under the tow or the legal reason why they towed it and who the tow was authorized by. A general description of the nature and purpose of the parking lot and where you were at the time you were parked there.
And so you got to the lot was unable to find your car, looked up on the sign and saw no phone number, you called the local police, right? And were subsequently informed that your car was towed, were you not?
Describe the sign... What does it say and how many inches does it measure? If you're going to make any claims you'll have to obtain pictures of the signs and where in particular they are located on the property. Is this possible?
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
cdwjava said that they 'cannot be provided carte blanche to tow without specific approval from someone responsible for the property.' I was wondering where it talks about that 'specific approval from someone responsible for the property' since it doesn't come up in 22658.
Here's the rundown:
I've been using my brother's vehicle while he was out of the state, and parked my car next door in a lot that has a business that hasn't opened yet (though apparently they had just put up signs saying 'no parking'). At a bit after 9 AM my roommate who had walked outside came and let me know that my car was being towed. He had apparently asked the tower what it would cost to drop the car, been given a price, and had gone inside to get cash and warn me. By the time we both came back, my car was gone. I actually called around to tow companies, not the police directly, and found one that had towed my car. Another friend and I went over there, and then had to get my brother to email them authorization to get my car out of the impound (as it's registered to him), though they insisted on receiving cash when it was being picked up by anyone other than the registered owner (which I think is illegal).
Their sign is probably the right size, but it doesn't include the number of their tow company. It solely cites 22658. The authorization form I've got shows that my vehicle was first noticed at 9 am and the tow was at 9:44. It also looks like the authorizing signature is photocopied; is that legal?
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
22658 VC says the sign must contain towing company information only if there is a written general towing authorization agreement with the owner or person in lawful possession of the property. Do you know if the property owner entered into a written general towing authorization agreement with a towing company?
Written general agreements are usually entered into for the purposes of exclusivity and not every business signs a formal contract with an individual tow company. Instead, many property owners simply call whatever tow company is available at the moment when a car needs to be removed.
Re: Can I Be Towed from a Business Where They Do Not List a Towing Company
Quote:
Quoting
L-1
Do you know if the property owner entered into a written general towing authorization agreement with a towing company?
Yes, I know they have. They posted a sign with the towing company's number up about a week after I was towed.