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

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  • 07-04-2017, 12:12 AM
    skipper0909
    Towed from a Gated Community for Parking at Night in a Visitor Spot
    I visited a friend lives in a gated community in northern California. Arrived in midnight, hence the leasing office is closed. Parked in one of visitor parking spot. In the morning, when I head to leasing office to obtain visitor tag, I noticed the car got towed. I was informed the car is towed at 3am.

    This is gated community, I understand that the parking regulation should be respected. However, during arrival out of business hours and got towed at midnight still seems unreasonable. What should I do? Would love your help.

    Thanks.
  • 07-04-2017, 08:45 AM
    Mr. Knowitall
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    When you speak of "parking regulation", what do you mean? For example, is there a sign that prohibits you from parking in that spot during certain hours, or requires a visitor tag to park within the community? What does the sign say?

    When you recovered your car, did you determine who authorized the tow and when it was authorized? If so, what did you learn?
  • 07-04-2017, 12:56 PM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Thanks. Yeah, there is a sign at the entrance requiring visitor tag to park within the community. The sign is really general like below one (stating requiring permit)http://d35gqh05wwjv5k.cloudfront.net...s-9149a-lg.png

    I can get a picture of actual picture later. The community works with a third party parking management service which is in alliance with towing company I believe.
  • 07-04-2017, 01:39 PM
    hr for me
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    why did your friend not get you a pass before the office closed? Did that friend not know you were coming for a visit?
  • 07-04-2017, 11:42 PM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    No, it was temporary. Original place was occupied. I had to find a place to stay on short notice.
  • 07-05-2017, 04:02 AM
    llworking
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting skipper0909
    View Post
    No, it was temporary. Original place was occupied. I had to find a place to stay on short notice.

    It sounds like a hotel would have been less expensive.
  • 07-05-2017, 02:47 PM
    skipper0909
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting llworking
    View Post
    It sounds like a hotel would have been less expensive.

    You are correct.
  • 07-05-2017, 03:03 PM
    flyingron
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Each tow (other than from places like fire lanes or blocking exits) needs to be authorized. The tow company can't just troll for tows. Did you request information as to who authorized the tow at 3AM?
  • 07-05-2017, 03:26 PM
    Taxing Matters
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    Quote:

    Quoting flyingron
    View Post
    Each tow (other than from places like fire lanes or blocking exits) needs to be authorized. The tow company can't just troll for tows. Did you request information as to who authorized the tow at 3AM?

    You are correct that under California Vehicle Code (VC) section 22658(l) the tow company must have written authorization from the property owner or the owner’s agent prior to the tow. The tow company is provide a copy of that authorization to the vehicle owner prior to payment for the tow. However, when the vehicle is towed from private property the tow company must redact from that copy the “name, signature, job title, residential or business address, and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.” VC § 22658(l)(C)(ii). So in this case, the tow operator should not disclose the name of the specific person who authorized the tow.
  • 07-05-2017, 03:33 PM
    flyingron
    Re: Towed from a Gated Community for Parking at Night in a Visitor Spot
    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.
  • 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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