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  1. #1
    Join Date
    Jul 2012
    Location
    Fresno, California, United States
    Posts
    4

    Default Towed at Request of Security Guard

    My question involves a traffic citation from the state of: California

    My car was towed last night from the apartments in which i live in. I have had an issue with other tenants parking in front of my garage (has caused me to be late for work). I've been living here for about 2 months. It happens once or twice a week, but has only caused a problem when I could not gain access to my car to leave for work and the night it was towed. I will state also that my manager tells me I do not have a parking space (even though i am told by other tenants that the previous tenant had an outside spot), and that I have to, rather had to rent a garage to park my car in the apartments. When I am unable to park in my garage because of how someone is parked, I park outside of my garge. the curb is painted red but is not labled "fire lane" or marked anywhere that it is.

    Outside it does have the private property sign (which i swear wasn't there in the past but I wont get into that). I got home around 8pm and there was a car parked that prevented me from getting into my garage, so I parked infront of it as I have done in the past. around 10pm I go to put my car in the garage, and its not there, I asked my roommate if she parked somewhere else and she said no. it wasn't in the garage we called the police and found it was towed.

    We called the towing company and was told that the security guard/ or maintainence man had called for both cars to be towed. while speaking to the towing company i was told that the car blocking mine from entering the garage was towed first and that my car was towed about an hour and 15 mins later.

    The real kicker to all of this is what i'm told on the phone with the towing company best case senario for them they have my car for no longer than 30-45 mins and that's if as soon as I walk into my apartment they are pulling in to grab the other car. Them having my car for no more than an hour, it will cost $320 to retrieve it that night, and if I wait until tomorrow the fee will be "around" $220. I was appalled.

    does that private property sign give my apartments the right to tow any car for any reason even if i am a tenant?? is it one of "those laws" that has infinite range?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Towed at Request of Security Guard

    CVC 22658 covers private property impounds. In general, if a vehicle is parked in a place it is not supposed to be, the management or their agent (the security guard or maintenance man, apparently) can grant this approval to the tow company.

    This sounds as if it is an issue you need to take up with the management, or, find alternative living or parking arrangements.

  3. #3
    Join Date
    Jul 2012
    Location
    Fresno, California, United States
    Posts
    4

    Default Re: Towed at Request of Security Guard

    At the tow yard my roommate was told that the car was towed due to being in a fire lane for more than 2hrs. Thing is the curb is just painted red no letters or signs to indicate beyond that (doesn't california law state that it has to have"fire lane" indicated on the red paint or on a sign? or is just a red painted curb enough?

    The time it took from parking my car to findingthat it was in the tow yard was exactly 2hrs, so if the violation states i was there for more than 2hrs is that a grey area? like either way i shouldn't have parked there so it doesn't matter how long i was there? or if come to find out my car was towed within an hour of parking there is there something i can do? I was charged 180$ for the two and 40$ for the storage? what would be deemed excessive?

    My roommate is handicap (theres indicators on the license plate) so could they still say i could have found parking outside the complex down the street? am i just out the cash -_-?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Towed at Request of Security Guard

    Quote Quoting LpsterlingIII
    View Post
    Thing is the curb is just painted red no letters or signs to indicate beyond that (doesn't california law state that it has to have"fire lane" indicated on the red paint or on a sign? or is just a red painted curb enough?
    Red paint is NOT enough to make it a "fire lane." They could probably articulate other reasons to tow it given enough time, but not that one.

    The time it took from parking my car to findingthat it was in the tow yard was exactly 2hrs, so if the violation states i was there for more than 2hrs is that a grey area? like either way i shouldn't have parked there so it doesn't matter how long i was there? or if come to find out my car was towed within an hour of parking there is there something i can do? I was charged 180$ for the two and 40$ for the storage? what would be deemed excessive?
    It is not unusual to have to pay about $300 for one day in impound. The tow company should have a published fee scale they can show you.

    My roommate is handicap (theres indicators on the license plate) so could they still say i could have found parking outside the complex down the street? am i just out the cash -_-?
    A placard does not give you a right to park in a prohibited place on private property.

    You are probably out the cash.

    Check your rental agreement and see what it has to say. If the management has guaranteed you parking and is not fulfilling that agreement, then point that out.

  5. #5
    Join Date
    Jul 2012
    Location
    Fresno, California, United States
    Posts
    4

    Default Re: Towed at Request of Security Guard

    So here's my thing, can they just keep coming up with excuses outside of the actual reason documented for towing the car? Receipt states "car was in FL for over 2 hours security called". just off that there's two things against it, first; i wasn't parked there for over 2 hours, I have a gas receipt and could possibly procure footage of my car at a gas station some 10-15mins away at 7:30 I didn't make it home till close to 8pm car was towed at 9:11pm. Secondly after reading the full lease agreement no where does it state that red painted curbs are to be deemed as "fire lane's" so they should have and be labled as such.

    All there is is a section that states: Parking is permitted only in garages and makred stalls which have been assigned to you. tenants are not permitted to park in guest parking spaces. this property does not have guest parking. all parking is assigned. guest may park on the streets outside of the community ad use the walkthrough gates to enter. "no parking allowed along curbs outside of stalls." cars will be towed.

    the only thing that stands out is the part in parenthesis. after my roommate had a discussion with the manager there was a flyer that states "as a reminder" blocking garages will get you towed with no notice. "no exceptions" it has been dated as well.
    My thing is i wasnt parked in a fire lane and not for the 2hrs they claim that i did. i was blocked from entering my garage. i haven't so much as been warned in any sort of way outside of tenants complaing that they arent opening the pool.

    so would it be advisable to talk to the police or prosecuting agency regarding this?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Towed at Request of Security Guard

    Quote Quoting LpsterlingIII
    View Post
    So here's my thing, can they just keep coming up with excuses outside of the actual reason documented for towing the car? Receipt states "car was in FL for over 2 hours security called". just off that there's two things against it, first; i wasn't parked there for over 2 hours, I have a gas receipt and could possibly procure footage of my car at a gas station some 10-15mins away at 7:30 I didn't make it home till close to 8pm car was towed at 9:11pm. Secondly after reading the full lease agreement no where does it state that red painted curbs are to be deemed as "fire lane's" so they should have and be labled as such.
    If the car was parked in a place to should not have been the amount of time really would appear to be irrelevant here.

    The only issue here will be whether or not they had a lawful right to tow the vehicle. If they indicated that the cause for the tow was your being parked in a "fire lane" and the lane was not properly marked according to state law and local regulation, then you might be able to prevail in Small Claims court if the management does not opt to refund your costs.

    All there is is a section that states: Parking is permitted only in garages and makred stalls which have been assigned to you. tenants are not permitted to park in guest parking spaces. this property does not have guest parking. all parking is assigned. guest may park on the streets outside of the community ad use the walkthrough gates to enter. "no parking allowed along curbs outside of stalls." cars will be towed.
    Well, you were parked outside a garage and a marked stall and were towed. Sounds like it was good for that reason, so I don't know why they might want to push the fire lane issue.

    so would it be advisable to talk to the police or prosecuting agency regarding this?
    The police and the DA will have nothing to do with this. This is a civil issue.

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