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Apartment Security Towed My Vehicle, Resulting in Damage

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  • 04-25-2014, 02:01 PM
    Jen3120
    Apartment Security Towed My Vehicle, Resulting in Damage
    My question is for the state of: California

    I would like to know if I have reason to take my case to small claims and also to understand what my rights are as the vehicle owner.

    My vehicle was parked in my apartment complex's underground lot. It's a first-come-first serve basis type of parking, with permit stickers we pay for.
    I reside in the apartment, and my sticker is visible on my windshield.

    I parked my vehicle in the lot on Sunday, 4/20, around 7 or 8PM. I didn't need my vehicle until Tuesday afternoon, and realized it was missing at around 4:30PM on 4/22. Thinking my car was stolen, went to our front desk (security) to see if they had any information and I was told it was towed. The records indicate it occurred at 2AM on Monday 4/21. Reason for towing is stated as "improperly parked".

    I retrieved my vehicle right away, and returned home to ask about the details behind why I was towed to the security guard.

    I was told the car was blocking other drivers from parking, and that the driver next to my vehicle had to "slam his door into my passenger door" to try and get out.
    The guard who towed my car wasn't supposed to, but she showed me the photographs taken for proof.

    1. Photographs show I am parked in an area where there are three spaces between 2 pillars. My vehicle is in the far right space.
    2. My vehicle is parked slightly diagonal, but not crossing over the white divider line of the 2 spaces, facing inwards, with the tail end of my vehicle facing away from the middle space.
    3. My vehicle is not pulled all the way in, it was in the space head first, but sticking out in the back about 2ft.
    4. Photograph showed a man in his vehicle parked next to mine, stuck from the tight space between his vehicle and mine, unable to get out of his car.
    5. I did not see photos of the far left vehicle or where/how it was parked so I am unable to determine whether or not the middle vehicle was just parked too closely to mine.

    CA law states that (VC Section 22658):

    (a) (2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.

    and

    (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.



    Our apartment policy states that:
    (1)Residents who are authorized to park in our garages are assigned numbered parking passes. The number identifies the resident, not the vehicle. This allows residents to use different vehicles, for whatever reason. As long as there is a valid parking permit in the vehicle, it will not be questioned. If there is not a valid parking permit visible in the vehicle, it will be towed.

    (3)All vehicles parked in our garages must be parked in a defined parking space. Parking in such a manner that impedes egress or ingress will result in your vehicle being towed. Taking up two spaces will also result in your vehicle being towed.


    With the above information, I would assume the following:
    1. Since the guard was onsite at the time of towing, she was able to identify me through my permit sticker and the information I've put into the community system about my vehicle's make/model and license plate #. I should have gotten a warning notice or notification about the intent to tow, AND I should have not been towed immediately, if anything.
    - I asked the guard why she didn't call me, and she said she was specifically told by her manager to not bother letting the tenant know, and to just tow the vehicle.
    - I asked her if she had access to my vehicle information in the system, she said yes, but they are only supposed to find the information if the car lights are on, or if there was some damage done to the vehicle in the parking lot.
    2. The parking lot is shaped in a U-shape from the entrance to where the space I parked in was located, and due to the way it is shaped, when you enter the garage and follow along the U-shape to the other end, you would have to drive PAST the space and then, back in, regardless of which space it is, because you can't make a U-turn when the lot is full. The photos show the man backed into the spot next to mine. Meaning he drove PAST my vehicle to park. Logically, I am not parked in a manner that "impedes egress or ingress", or he wouldn't have been able to do that. Also, the photos show me parked diagonal, WITHIN my lines, head first, with the trunk facing AWAY from the middle space. Logically, this would give MORE room to the middle space and not less.
    - I asked the guard the reason for towing, and she said because I was "sticking out too far in the back" and "I was parked crooked so that the person next to me couldn't park"
    - I have been taking photos of other vehicles that are sticking out of their space as much as mine was in the back, to show they are not blocking the way into the back of the lot. (It's typical to see longer trucks stick out or sedans in compact spaces that stick out about half a vehicle's length within our lot)
    - Since I didn't see any photos of the far left vehicle and how it was parked, it's difficult to determine how much space the driver possibly had on the other side.

    I requested to get copies of the photographs from the head of security, he declined and stated the evidence will only be released to the police or to an insurance agent.

    The towing company also used a dolly tow on the trunk of my vehicle, damaging the alignment since it is a FWD and should be towed from the front end. My vehicle is in the shop, I have filed an insurance claim, but would like to be reimbursed for all expenses. Can I fight this, and how would I proceed from here?
  • 04-25-2014, 02:10 PM
    jk
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    Our apartment policy states that:
    (1)Residents who are authorized to park in our garages are assigned numbered parking passes. The number identifies the resident, not the vehicle. This allows residents to use different vehicles, for whatever reason. As long as there is a valid parking permit in the vehicle, it will not be



    Quote:

    My vehicle is in the shop, I have filed an insurance claim, but would like to be reimbursed for all expenses. Can I fight this, and how would I proceed from here?
    if they guy next to you damaged your car, that is who is liable for those damages. If the tow company actually damaged your car, they would be liable for those damages.
  • 04-25-2014, 02:31 PM
    Jen3120
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    Quote:

    Quoting jk
    View Post
    Our apartment policy states that:
    (1)Residents who are authorized to park in our garages are assigned numbered parking passes. The number identifies the resident, not the vehicle. This allows residents to use different vehicles, for whatever reason. As long as there is a valid parking permit in the vehicle, it will not be



    if they guy next to you damaged your car, that is who is liable for those damages. If the tow company actually damaged your car, they would be liable for those damages.

    Thanks for the response. The car was damaged during towing. The door is the least of my concern at the moment, the tow damaged the alignment so my steering needs to be repaired.

    I believe I was towed wrongfully, and would like to be reimbursed for not just the damage done to the vehicle, but for the towing expenses as well.
  • 04-25-2014, 03:00 PM
    jk
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    your alignment itself is not going to be altered by towing it improperly. What may be an issue though, depending on how it was towed is, they may have bent something if they hooked to the front end of your car and did it improperly.

    so, you have possibly three different parties to seek damages from:

    1, the apartment complex if they authorized or requested an improper tow

    2. the tow company if they actually damaged your vehicle

    3. the guy that damaged your door.



    You said you don't care about #3 and #2 is being addressed so that leaves #1.

    you saw the pictures so only you can determine if it fits this or not:

    Quote:

    (3)All vehicles parked in our garages must be parked in a defined parking space. Parking in such a manner that impedes egress or ingress will result in your vehicle being towed. Taking up two spaces will also result in your vehicle being towed.
    if the tail of your car stuck out far enough that it impeded other drivers, then the tow was legit from what I see.
  • 04-25-2014, 03:05 PM
    Disagreeable
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    The alignment will be a matter for you to prove in court. You do not appear to have evidence.
  • 04-26-2014, 12:52 PM
    Who'sThatGuy
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    Ask how the vehicle was towed. If towed from a wheel-lift wrecker, your damage to the alignment wasn't from the tow. I wouldn't think they would send a flatbed for this type of tow.

    How high is the ceiling in the underground lot? If it isn't high enough to get a wrecker with a lightbar that exceeds past the roof of the truck ten inches more, then most likely they may have used a smaller vehicle (pick-up truck) to hook a chain and drag your vehicle out of the underground parking lot so a wrecker could grab your vehicle. Do you know if your invoice states that you were charged for a winch and is there any black/rubber marks from the spot that you parked in, to the exit of the underground parking lot?

    If you were charged for a winch, check all four tires for flat spots from being dragged out of it's spot as well as undercarriage/suspension damage that would make your vehicle go out of alignment. .
  • 04-26-2014, 02:17 PM
    Jen3120
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    Thank you - an update - as of this morning, my insurance agent is taking action against the apartment management and towing company for the portion of costs that relate to the actual damage of the vehicle. I will be responsible for filing against the apartment mngt. to get reimbursed for the towing.

    My vehicle was not impeding other drivers, and I saw that via the photos the guard took. The head of security will not release copies of these photos to me, and as of now, is unaware that I have seen them. The back of my vehicle is not far enough that another car would have to squeeze by, there's ample room behind me.

    I've requested something in writing explaining the reason behind the tow - we'll see if that gets met. If not, I think I will send a demand letter then take them to court.

    - - - Updated - - -

    Quote:

    Quoting Who'sThatGuy
    View Post
    Ask how the vehicle was towed. If towed from a wheel-lift wrecker, your damage to the alignment wasn't from the tow. I wouldn't think they would send a flatbed for this type of tow.

    How high is the ceiling in the underground lot? If it isn't high enough to get a wrecker with a lightbar that exceeds past the roof of the truck ten inches more, then most likely they may have used a smaller vehicle (pick-up truck) to hook a chain and drag your vehicle out of the underground parking lot so a wrecker could grab your vehicle. Do you know if your invoice states that you were charged for a winch and is there any black/rubber marks from the spot that you parked in, to the exit of the underground parking lot?

    If you were charged for a winch, check all four tires for flat spots from being dragged out of it's spot as well as undercarriage/suspension damage that would make your vehicle go out of alignment. .

    The receipt from the towing company states it was a "dolly tow". I just checked with the manufacturer and my car is definitely FWD, don't know if that makes a difference?

    The charges listed are: Towing charge, Dollies, storage. Totals $365

    I filed a claim with my insurance and have the car in the shop, they are going to check the bottom of the vehicle. I will definitely ask them about the flat spots on the tires. About the ceiling of the parking lot, I've seen the trucks with the hanging hook things in the lot before, not sure if there are varying sizes??

    For FWD vehicles, are they supposed to use a flatbed?
  • 04-26-2014, 02:59 PM
    jk
    Re: Apartment Security Towed My Vehicle, Mechanical Damages, What Are My Rights
    If it was a dolly tow, the presumption is they put the front wheels on a dolly and pulled it from the rear. There would be no reason to put a dolly under the rear wheels if pulling it from the front as they are freewheeling.

    you can tow a FWD with dollies as I just described. You can tow them without dollies as I just described.
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