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  1. #1
    Join Date
    Apr 2011
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    1

    Default No Warning for Towing Yet My Car Was Towed

    My question involves towing laws for the State of: California
    There was a Persian new year party today and I parked my car at a parking on the side of the road. The parking lot was big, next to a 76 gas station and a Firestone. I looked and I didn't see any sign about the place being a private property. It's next to a park and I thought it is part of the park.
    When I returned I didn't see the car, rushed to the police officer and said my car is stolen. Then he went and I found out that the are belongs to Firestone and they have asked my car to be towed. Their Parking is big and they were just towing the first two rows closest to their shop.
    I took photos, the signs are not visible and are not installed in a place to be easily visible by drivers. I warned a few people about the issue and they moved their cars. After that Firestone people saw me around and started to notify people. I have the video of a few people that said, there is no sign or warning and that they are not customers but came to the event in the park.
    I obviously lost a few hours of my time, and I have contacts of a few people that their cars were towed. The towing company was aggressive and I believe they were towing cars only when this event is on every year or when there is an event in the park.
    There was no park towed when I was in the parking area, I stayed for about two hours. How and what's the best way to approach this? I have videos and photos.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: No Warning for Towing Yet My Car Was Towed

    Quote Quoting naeem
    View Post
    My question involves towing laws for the State of: California
    There was a Persian new year party today and I parked my car at a parking on the side of the road. The parking lot was big, next to a 76 gas station and a Firestone. I looked and I didn't see any sign about the place being a private property. It's next to a park and I thought it is part of the park.
    When I returned I didn't see the car, rushed to the police officer and said my car is stolen. Then he went and I found out that the are belongs to Firestone and they have asked my car to be towed. Their Parking is big and they were just towing the first two rows closest to their shop.
    I took photos, the signs are not visible and are not installed in a place to be easily visible by drivers. I warned a few people about the issue and they moved their cars. After that Firestone people saw me around and started to notify people. I have the video of a few people that said, there is no sign or warning and that they are not customers but came to the event in the park.
    I obviously lost a few hours of my time, and I have contacts of a few people that their cars were towed. The towing company was aggressive and I believe they were towing cars only when this event is on every year or when there is an event in the park.
    There was no park towed when I was in the parking area, I stayed for about two hours. How and what's the best way to approach this? I have videos and photos.
    You can read VC 22658(a)(1) for the signage requirement.

    Assuming the sign(s) meet those requirements, they are not under any obligation to give you a warning before they tow.

  3. #3
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: No Warning for Towing Yet My Car Was Towed

    If you haven't gotten your car back yet, get it back.

    After that, it seems to be mainly a matter of money.

    Check the California towing laws at VC 22658.

    If you think, based on the law, that someone did something illegal, you might consider suing them in small claims court.

  4. #4
    Join Date
    Feb 2010
    Posts
    615

    Default Re: No Warning for Towing Yet My Car Was Towed

    Quote Quoting That Guy
    View Post
    You can read VC 22658(a)(1) for the signage requirement.

    Assuming the sign(s) meet those requirements, they are not under any obligation to give you a warning before they tow.
    Assuming it does NOT meet those requirements, what should the OP do?

    (Which was what they asked, stating there is no sign (he using the term "warning" in the phrase "sign or warning")....)

    But I am curious, what recourse do the 'wrongly towed' have?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,393

    Default Re: No Warning for Towing Yet My Car Was Towed

    If wrongfully towed there a number of options. Starting with confronting the property management for the unlawful tow and, potentially, going to small claims court. There is even a potential criminal element that could be involved here.

    Are the signs at the driveway entrances to the property? What do the signs say?

    It doesn't take a rocket scientist to figure out that parking on someone else's property can be a problem. But, common sense aside, they still have to have proper signage to allow for the tow. Until we know what signage existed, we don't know what recourse may be available.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: No Warning for Towing Yet My Car Was Towed

    Quote Quoting adam_
    View Post
    Assuming it does NOT meet those requirements, what should the OP do?

    (Which was what they asked, stating there is no sign (he using the term "warning" in the phrase "sign or warning")....)
    Re-read the Op's post. First he stated:
    Quote Quoting naeem
    View Post
    I looked and I didn't see any sign about the place being a private property.
    ... And just because he "looked but didn't see" doesn't mean the signs aren't there.

    But... then he stated:
    Quote Quoting naeem
    View Post
    the signs are not visible and are not installed in a place to be easily visible by drivers.
    That means that the signs *WERE POSTED*... but do they fit the requirement under 22658(a)(1)? We don't know! We only know that they did not fit his standard of being "installed n a place to be easily visible by drivers".

    Quote Quoting adam_
    View Post
    But I am curious, what recourse do the 'wrongly towed' have?
    Click on the link that I posted in post #2... (see subsection (e)).

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