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Towed from a Gated Community for Parking at Night in a Visitor Spot

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  • 07-05-2017, 07:00 PM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting flyingron
    View Post
    Yes, but the point is to make sure that someone did specifically call them out rather than them selecting targets of opportunity which the law is designed to precluide.

    Thanks for your reply. In this case, who should I sue? A representative from HOA or tow company?
  • 07-05-2017, 08:18 PM
    flyingron
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    If they don't have tow authorization, you sue the tow company.
  • 07-06-2017, 06:54 PM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    The tow company gave me "written authorization", however there is no signature from the tow company and/or HOA.
  • 07-07-2017, 12:12 AM
    Taxing Matters
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting skipper0909
    View Post
    The tow company gave me "written authorization", however there is no signature from the tow company and/or HOA.

    When the tow is made from residential property the tow company must redact (omit) the “name, signature, job title, residential or business address, and working telephone number” of the person (in this case the HOA person) who authorized the tow from the copy of the authorization given to you. California VC § 22658(l)(1)(B)(ii). So the fact that your copy does not have the signature doesn’t give you anything to go on here. What the tow authorization should show you though is the following:

    • The make, model, vehicle identification number, and license plate number of the removed vehicle.
    • The grounds for the removal of the vehicle.
    • The time when the vehicle was first observed parked at the private property.
    • The time that authorization to tow the vehicle was given.

    If the tow authorization has that information then it would appear the tow was valid and you have admitted you parked there in violation of the sign that said you needed a permit. You may get stuck having to pay for that decision.
  • 07-07-2017, 09:55 AM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting Taxing Matters
    View Post
    When the tow is made from residential property the tow company must redact (omit) the “name, signature, job title, residential or business address, and working telephone number” of the person (in this case the HOA person) who authorized the tow from the copy of the authorization given to you. California VC § 22658(l)(1)(B)(ii). So the fact that your copy does not have the signature doesn’t give you anything to go on here. What the tow authorization should show you though is the following:

    • The make, model, vehicle identification number, and license plate number of the removed vehicle.
    • The grounds for the removal of the vehicle.
    • The time when the vehicle was first observed parked at the private property.
    • The time that authorization to tow the vehicle was given.

    If the tow authorization has that information then it would appear the tow was valid and you have admitted you parked there in violation of the sign that said you needed a permit. You may get stuck having to pay for that decision.

    Thank you. Learned something new today.
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