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  1. #1
    Join Date
    Nov 2013
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    7

    Default Towed After Using My Old Parking Sticker on My New Car

    My question involves a towing in state of: California. I think my right as the customer have been violated by the tow Company and property management in regard to sections: vc22658 and vc22651_07.


    English is not my first language, so I apologize in advance. If you couldn’t understand some part of my question or problem, please ask me and I will make it clearer. Now that I have finished writing this, I can clearly see that I have written too much and most people won’t read something this long. But if you had the time and patient to read it, I will greatly appreciate it.
    I have divided my problem into two sections. First I want to explain my problem with property manger and HOA that has caused this towing and on the second part I state what my problem with the towing company is. (If you don’t want to read the HOA part, you don’t have to, just go to the second part, and vice versa.)
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    My car had got towed two nights ago around 5pm. My car was inside a private property, in one of those cando complexes, where your car should have a sticker that permits you to park there.
    Since there are limited parking spaces, each house has a right to one parking spot, and if they have two cars, they should pay an extra $20 each month to park their car there. I had obtained this sticker last year to get an extra parking spot for our extra car. However, eight months ago I sold my car, and got a new car.
    At that time, HOA were changing property manger from one company to another, and they had stopped towing in that period all together. I took the sticker from my old car, and I put it on my new car. (My understanding was that since we are paying this $20 every month to rent that parking spot, having sticker displayed on the window is sufficient enough.)
    After eight months, two nights ago they towed my car on the ground that I have violated some agreement (I have to say I don’t know what this agreement is and I might have violated it.)
    They didn’t send us any mails to inform us of new management, and I think they should have informed us that we have to register our new car with them. (At least that’s the way that I want to do business, if someone doing something wrong without knowing it, I will notify them, if they ignored it, then I will take other measures.)
    ------
    My problem with towing company:
    First let me say that I’m very suspicious about these two companies. I will not use their legal name to avoid possible problems in future; just let’s give them imaginary names. The name of property manager is Edward Real State, and the towing company has the same name: Edward Towing Company. I am suspecting that both of them belong to the same person, and the way they are making money at least is immoral to me, I don’t know if it is illegal. How can I find more information on this?
    Moreover, the towing company had no office. The whole time that we were there to take our car back, we conduct business in the street. Even the land lord of the storage place came and told us that we cannot enter the property, and if we want our car back, we should give the car key to towing company to bring it out for us. And I should note truck driver was the same person, who checked our paper work, driver license, and … and we paid him to get our car back. I’m guessing he is the owner/operator of the company.
    http://www.dmv.ca.gov/pubs/vctop/d11/vc22651_07.htm
    I think every law mentioned in V C Section 22651.07 has been broken. (In the street off course) his license wasn’t at display, there were no sign that inform us of our right as customer, they were no signs that tell us how we can make payment (cash/check/different form of credit cards,..), and even when I asked him to show his standard rate and fees, he couldn’t find it on his paperwork.
    ----
    http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm
    Let’s move on to V C Section 22658. I took my car out of towing company in less than 24 hours. They had taken my car previous night, and there was no way for me to get the money and my paperwork to get it back on the same night. Nevertheless, they charged me for two days storage. But the law has it as following:
    “(2) If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day’s storage charge may be required for a vehicle released the same day that it is stored.”
    When we inquired him about this section of law, he said this doesn’t apply to you. This section of the law is only for police impound. The private section goes by calendar day.
    Moreover, I have no idea if he charged me excessively, or extra, or not, because as I mentioned before there were no signs to show his rates, and whether they are approved by Department of the California Patrol. (He charged me $342.56 for two days.)
    If you believe I have to sue them on these grounds, should I sue them for (J)(1): four times the amount charged, or (j)(2): fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.)?
    Finally, when we asked him to provide us with written authorization, he gave us the copy of the invoice. The invoice was divided into two sections. My car description is on the left, and where it was parked. But there is no information about the person who has authorized it. On the original paper that he had, there was the name of the person who has authorized. But he didn’t give that to us. However, in the law, the owner of the car (me) shall be provided with: “(B)(ii) 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.” in the written authorization. On the edge of invoice, they had written two words: permit violation (it is in very bad hand writing.) Under it: 4:45. Which I assume it’s the time, but it’s not clear whether it is the time the car was observed parked at the private property, or the time they towed it, or the time it reached their storage. They have just written: “4:45.” I have scanned it.
    I believe they are in violation of paragraph B. But I want to know your opinion about this as well.

    ----
    I tried my best to remain objective and provide you with facts. What legal action do you recommend? Or for example, should I cancel their charge on my credit card? I have never sued anyone, and I’m not very familiar with small court.

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