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  1. #1
    Join Date
    Mar 2013
    Posts
    5

    Default Disputing a Credit Card Charge Made to a Towing Company After an Illegal Tow

    My question involves Credit Card Dispute and Illegal Towing proceedings in the State of: California

    Please note the background is leading to my question about disputing the charges:

    Background: I was towed by a tow company acting under a "general authorization" form an HOA.
    I have reviewed CA VC 22568 and 22500.1 closely, and feel sure in my case, although I would welcome any recommendations

    My arguments with the tow company which have failed to produce a refund: 1. The property is not properly posted "at" the entrance, they are saying a sign facing 90degrees from traffic and 10-15 feet within the property is all they need and on the opposite side of the drive is sufficient. 2. There was nobody representing the HOA on site to call and sign the tow authorization, they can only provide a photo which although the car make and model can be identified, the licence plate cannot. 3. Reading the VC. It states a Tow company cannot tow under a general authorization unless the car is parked in a firelane (there are no markings as per VC 22500.1) a fire hydrant, or blocking entrance and exit to the property, the photo must show the violation. The photo they provided appears to be my car, but the license plate is unreadable and there are none of the 3 factors in place. The only thing they can provide me is a letter sent to the tennants stating there is no parking. I was admittedly parked in front of my friends garge with her permission, there are signs on the opposite side of the drive, but nothing on the side I was parked at. This all being said I feel I have a strong case, Additionally the receipt states a different address, that they claim is " a clerical error" (letter of the law). If somone wants to review and provde feedback I can provide the photos I have.

    So my question is. Without jeopardizing my possible success, the receipt I signed at 10pm on a Saturday night, states the charges are $211.15 however when they processed the transaction they charges $211.65. 50 cent difference. I am in no mood to have further communication with this company. I know I can dispute the charge. Could this affect my lawsuit? I am not challenging the charge as a whole, only the 50 cent descrepency. I am planning to challenge the $211.15 in Small Claims Court. I know it may seem petty but I feel they are already stealing $211.15 from me. And frankly if they want to argue every detail, I can do the same. Any thoughts or recommendations would be helpful. I do not want to give them any option to turn the suit against me or accuse me of fraud, or allow improve their chance of winning.

    Please provide feedback.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disputing a Credit Card Charge Made to a Towing Company After an Illegal Tow

    If you are suing for $211.15, and you are disputing a 50 cent overcharge on a $211.65, I don't see how the dispute would affect your lawsuit; you aren't disputing any portion of the amount you're claiming in damages. Many people would dispute the entire charge, see how the dispute process shakes out, and consider small claims court afterward.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Disputing a Credit Card Charge Made to a Towing Company After an Illegal Tow

    Most credit card issuers would eat the fifty cents rather than making it an issue.

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