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  1. #1
    Join Date
    Jan 2014
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    San Mateo, California, United States
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    3

    Default Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

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

    I was towed this morning after being parked at the home depot from 6:00am till 3:30pm. The paperwork claims that the car was abandoned which is obviously not the case. I spoke with the Home Depot employee who signed the paperwork and he said that he did not call to have it towed and that the company will sometimes come in and tell them that a car is abandoned and ask for a signature to tow it. I was under the impression that tow companies were not allowed to simply drive around private properties looking for cars to tow. The employee gave me a written statement saying he did not call to have them come tow it and that it was not abandoned.

    I spoke with the tow company manager and he is trying to push it off on Home Depot as "they signed the paper" I feel like this is at the very least poor business practice as they are preying on the fact that the people at home depot do not keep track of every single car. To top it all off they have never called and actually do not care what so ever if you park there for a day or even 3 weeks. (they have a huge lot). So with that said is there any advice you can give me? I had to pay 225 dollars to get it out but at this point I have missed a full day of work and feel like I was wronged.

    Thanks for any help you can provide.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    Quote Quoting Jason Boone
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    I spoke with the Home Depot employee who signed the paperwork and he said that he did not call to have it towed and that the company will sometimes come in and tell them that a car is abandoned and ask for a signature to tow it. I was under the impression that tow companies were not allowed to simply drive around private properties looking for cars to tow.
    The company is probably under contract with the store or landlord.
    Quote Quoting Jason Boone
    To top it all off they have never called and actually do not care what so ever if you park there for a day or even 3 weeks. (they have a huge lot).
    Then why did the employee sign the paperwork authorizing the tow?

    Let's start here: What do the signs posted in and around the parking lot say about parking in the lot, and when vehicles may be towed?

  3. #3
    Join Date
    Jan 2014
    Location
    San Mateo, California, United States
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    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    There are definitely signs around the area that were put up by the towing company talking about unauthorized parking. Which I know is weird if Home Depot doesn't really care. I think they just don't want people sleeping in their motor homes for weeks at a time out there. As for why they signed it? I don't know that either, I have a feeling its one of those "I have a lot to do, I trust that you are telling me this is an abandoned car so go for it". Lazy yes, but still wrong. I am just not sure who is wrong as I was under the impression that to have a car towed someone needs to actually call to have it towed not have someone come and solicit a tow. Either way I am out 225 dollars and a days work for someones mistake.

  4. #4
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    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    If the signs identify the towing company, then that would normally be the towing company that is a party to a written general towing authorization agreement with the owner of the premises or the person in lawful possession. Whatever impression you have of Home Depot's concerns about towing, it's apparent that they care enough to enter into a contract with the towing company, and to have the towing company periodically check for vehicles left by people who are not patrons of the store.

    If we are to infer from your post that the lot was properly posted, that the towing company is the agent of the store, that the store authorized the tow, and that you were parked such that the restrictions noted on the signage applied to your vehicle, then you are basically saying that it was a valid tow. You can see VC 22658 for the details.

  5. #5
    Join Date
    Jan 2014
    Location
    San Mateo, California, United States
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    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    I guess what I am upset about is either the lack of checking up on either the towing company or home depot. The car was there for 10 hours, they are ok with people parking their for weeks and for some reason they signed off on it being towed. I almost feel like the towing company is taking advantage of their client and the lack of really tracking the vehicles and in the end I lose. I don't get how they can have a policy of we don't care who parks here yet have signs that we will tow. Not only that but since it was classified as abandoned I think there are laws around how long a car must be abandoned and that it should be tagged before being towed.

    Just confused here and feel like laziness is what got it towed. (yes i parked there but they said it was ok, the driver just told the guy it was abandoned and the manager at home depot just took his word for it without ever checking. I could have simply been in the store for the past hour and it still would have happened.)

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

    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    Quote Quoting Jason Boone
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    I almost feel like the towing company is taking advantage of their client and the lack of really tracking the vehicles and in the end I lose.
    Taking advantage of who's client? Home Depot's client?

    You were not shopping at Home Depot for 10 hours, were you?

    No... You were in essence, trespassing...

    Penal Code section 602:

    Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:

    .....
    (m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
    ......

    Yes, I realize that is a criminal charge and no, you were not cited or arrested for it, but for all intents and purposes, you were trespassing on someone else's property. And when you did that, you gave them the option to either contact law enforcement and report you for committing a criminal act, or to simply remove your property and to secure it in a safe location for you to retrieve at your convenience. They opted for the latter.... Does that clear up your confusion?

    There was no lack of tracking here... You were parked there for 10 hours. Sufficient time for them to lawfully remove your vehicle at your expense...

    Quote Quoting Jason Boone
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    I don't get how they can have a policy of we don't care who parks here yet have signs that we will tow.
    Where do you get that that is Home Depot's policy? If that was their policy, then why would they contract out with a towing service to tow unauthorized vehicles out of their lot? Why would they post signs clearly indicating that parking without authorization will subject a vehicle to being towed at registered owner's expense? Just because one employee who was likely trying to avoid conflict with an individual who was obviously upset that his car was towed, told you "I don't care" does not mean Home Depot doesn't care.... In fact your car being parked there is a liability for Home Depot. You could have explosives, or hazardous material in your car; you could have committed a crime in that car and are parking it there as a diversion. Your car could get broken into, or hit by some careless driver... All of which would subject Home Depot to HUGE liability.... So companies make it a habit of either hiring security or contracting with a towing company or both. I can sit here and rattle off many more hypothetical situation that would dictate why neither Home Depot, nor that employee who told you he doesn't care would not want your car there for 10 hours. The proper signs are posted... Sure, the towing company has their name on them but so what? That is required by law... Even if the towing company paid for the signs (and they often do), nothing in the law prohibits that!

    Quote Quoting Jason Boone
    View Post
    Not only that but since it was classified as abandoned I think there are laws around how long a car must be abandoned and that it should be tagged before being towed.
    OK.. So go look up laws about how many hours before they can declare it abandoned. Typically that is 72 hours in most cases... But so what if it was towed on the basis that it was abandoned and yet does not meet the definition of abandoned. You were still towed for a legitimate reason. Parking there without authorization. And again, don't forget,... trespassing!

    In the interest of full disclosure, and though I do not know where exactly this occurred (see CVC 22950) and is not likely to apply in the bay area (because it only applies in cities where the population is more or less than 2 million) but in case it does by way of some local ordinance or resolution, you are allowed a maximum of one hour parking on a lot open to the public with no charge after which your car is subject to towing. (see CVC 22950) You were there for 9 additional hours.

    So no matter how you look at it, you were subject to being towed and you did get towed!

    Quote Quoting Jason Boone
    View Post
    Just confused here and feel like laziness is what got it towed.
    I hope you mean your laziness... Because it takes a lot of work to get a car hooked up and towed... And hence the high charges associated with towing and storage.

    Quote Quoting Jason Boone
    View Post
    yes i parked there but they said it was ok
    Who said it was ok? Home Depot said it was OK for you to park there for 10 hours?

    If so, then march down to Home Depot first thing in the morning, ask for a manager and tell him/her you were given permission by "so and so" (the name of the Home Depot authorized agent who told you it was OK to park your car there for 10 hours) and yet when you returned to retrieve it, you found out it was towed as authorized by "such and such" the guy who signed the towing authorization... Show them the receipt with the charges of what you paid to get your car out of storage and ask for a refund!

    Somehow, I am thinking that is not going to happen!

    Quote Quoting Jason Boone
    View Post
    I could have simply been in the store for the past hour and it still would have happened.)
    But you were not... Instead, you were gone for 10 hours! Possibly longer.

  7. #7
    Join Date
    Oct 2013
    Posts
    6

    Default Re: Towed from a Store Parking Lot, Even Though the Business Did Not Request a Tow

    This sentence confuses me and you may want to correct it.
    "I was towed this morning after being parked at the home depot from 6:00am till 3:30pm."

    Regardless of that sentence I will address this part of your post.
    " So with that said is there any advice you can give me?"

    If you had shopped in the store that day and/or are a good customer of the store and you used their parking lot to ride with another to go do a job and then returned back at the store to do more shopping for another home improvement project, I would talk to the manager and see if she/he will pay the towing charge. If they won't then threaten and follow through shopping at Lowe's.

    If you parked in that lot and never entered the store I would have no compassion. Even the RVer's at Walmart know they must go into the store and spend some money if they are going to spend the night on their lot. I won't use the toilet in a business without buying something. It's common courtesy.

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