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Towed from a Business Parking Lot Despite No Signs Saying "Customers Only"

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  • 10-07-2013, 02:07 PM
    FrustratedMama
    Towed from a Business Parking Lot Despite No Signs Saying "Customers Only"
    My question involves a traffic citation from the state of: CA

    I parked my car in a Big Lots parking lot. I left the lot with my brother to grab some lunch and then we were going to do some shopping in Big Lots and around the local businesses there. There were no posted signs stating I could NOT park there, only signs stating that there was no parking between 10pm and 7am.

    Apparently there was a "guard" that saw us leave the property. After lunch approximately 1 hour and 30 minutes later went back into the lot and noticed my car was missing. I didn't know if it was stolen or towed...

    I had to search the lot to try to find a sign for who to call. The signs that I did find regarding parking gave an incorrect phone number, and another I found was up high in a tree...:apthy:

    When I finally got hold of the towing company they stated they did tow my car. After a friend brought me over there the towing company said they towed my car after it was there for an hour. They charged me $200 for the tow, and $55 for a day of storage fees when my car was on the towing companies lot for approximately an hour.

    No WHERE were there signs stating that I would be towed after my vehicle was there for an hour. The police say its a "Legal" tow because its private property...
    But had I KNOWN I couldn't park there - or that I would be towed within an hour I would have made sure I was back at my vehicle within an hour.

    Do I have any legal grounds here? I have no idea who to even fight? Do I fight the private security? Do I contest with the towing company? I had to put this on a credit card because I don't have money to be paying this right now.

    IF there were signs I wouldn't have parked there, and I really don't feel I should have had to walk the lot trying to find some sort of reference to who possibly even towed my car.

    Any assistance would be appreciated.

    Thank you.
  • 10-07-2013, 02:23 PM
    FrustratedMama
    Re: Car Towed from Private Lot. No Signs Warning of Possible Tow or Who to Contact
    My point is there are no signs that stated I could not park there, that I would be "towed" or even who to call if I WAS towed?... Yet I was towed.
  • 10-07-2013, 02:59 PM
    Welfarelvr
    Re: Car Towed from Private Lot. No Signs Warning of Possible Tow or Who to Contact
    Quote:

    Quoting FrustratedMama
    View Post
    My point is there are no signs that stated I could not park there, that I would be "towed" or even who to call if I WAS towed?... Yet I was towed.

    If the lot was not properly posted, then you may be able to sue the person or entity responsible for the tow in small claims. You may need the towing slip to see who signed for the tow and the reason for the tow. If the tow was solely by being parked in violation of signage as in CVC 22658, then the required postings would be:
    Quote:

    (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.
  • 10-07-2013, 03:16 PM
    cdwjava
    Re: Car Towed from Private Lot. No Signs Warning of Possible Tow or Who to Contact
    If the property is not properly posted, then the issue will be one to bring up with the property management company or owner. The security guard and his employer was acting as the property owner/s agent when he called the tow truck ... assuming he called the tow truck.

    Check the entrances and driveway areas for the signs. If no signs, then you might be able to wrangle your costs out of them by bringing in a printed copy of the relevant law (VC 22658 et seq.) without going to small claims court.
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