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  1. #1
    Join Date
    Apr 2014
    Location
    Menifee, California, United States
    Posts
    1

    Default Towed form an Unmarked Portion of a Fire Lane

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

    On Friday, April 4th, I was helping a friend move out. He lived in one of those mobile home communities. Parking is very limited, but there was a spot available across the street. That side of a street is a fire lane, but there is an unpainted gap in front of a house. My friend suggested I park there so I did. Here is the space:



    The reason that area isn't painted red like the rest of that side of the street is because that spot used to be a handicap zone for someone who used to live there. She has since moved out and they simply took off the blue handicap zone.

    I was inside a portable moving container when I saw a tow truck hauling my truck away far down the street. I was puzzled, why would I be towed?

    When I went to the towing company to ask why they took my truck, they argued that the entire street was a fire lane even if the area wasn't painted. They said that it was California code and all. A neighbor of my friend went with me (he has dealt with them before) and we tried to reason with them, but you can imagine that didn't go so well. His presence made it difficult to talk to the towing guys, who thought I was recording them when I showed them a picture of the parking spot. As a result they left and told me to come back Monday (in which the fee would most likely increase).

    I waited around because I really needed my truck back (I live pretty far away). They eventually came out and offered a ultimatum, pay now or come back Monday. I wasn't allowed to talk or argue, it was either yes and shut your mouth or no and leave. Didn't have much of a choice so I paid the $350 they charged me. The guy had all the leverage and he knew it. While inside, he showed me the pictures taken from two angles, which show my truck in that non-painted area. One of the angles made it look like it was touching it just by a little. I didn't have time to examine it closely, and I couldn't really protest it since I was felt pressured to not say anything while inside.

    I talked to one of the attendants at the front gate. He told me the agreement that the towing company has with property management states that a citation form has to be filled out and signed before towing (Which the towing guys never did. It was a total sneak job, grab and run). He gave me a copy of it for reference. He also said that the spot was ok to park in. He said even if my truck was touching the lane by a little, it wasn't that big a deal and they shouldn't have towed me. The towing guys must have used the back entrance where there is no attendant. He also mentioned that they have been having problems with that particular towing company and that the property manager was going to have a meeting to discuss it.

    Do I have a case here for a small claims suit? It's been really inconvenient for me going back and forth to this location trying to get answers and my money back. Please advise. Thanks!

    Here are 2 more photos of the space:

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Towed form an Unmarked Portion of a Fire Lane

    Even with that broken painted fire line, I would have to say the tow was legal.

    Remember, fire trucks are 102" wide, that doesn't include mirrors that stick out 1' further on each side of the truck.

    If there were a fire then a fire truck would be blocked or have to slow his vehicle to squeeze by your vehicle and a legally parked vehicle on the other side of the street.

    By you blocking or slowing that emergency vehicle, could mean the difference between life and death.

    Pay the towing charge and learn from your mistake.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Towed form an Unmarked Portion of a Fire Lane

    I believe the tow was unlawful.

    22500.1. In addition to Section 22500, no person shall stop, park,
    or leave standing any vehicle, whether attended or unattended, except
    when necessary to avoid conflict with other traffic or in compliance
    with the directions of a peace officer or official traffic control
    device along the edge of any highway, at any curb, or in any location
    in a publicly or privately owned or operated off-street parking
    facility, designated as a fire lane by the fire department or fire
    district with jurisdiction over the area in which the place is
    located.
    The designation shall be indicated (1) by a sign posted
    immediately adjacent to, and visible from, the designated place
    clearly stating in letters not less than one inch in height that the
    place is a fire lane, (2) by outlining or painting the place in red
    and, in contrasting color, marking the place with the words "FIRE
    LANE", which are clearly visible from a vehicle, or (3) by a red curb
    or red paint on the edge of the roadway upon which is clearly marked
    the words "FIRE LANE".

    The space where the vehicle appears to have been parked does not meet this standard.

    After reading your post again it appears that they did have photos, and it appears that part of your car might have crossed over the "Fire Lane" curb. If so, you're lost. If not, and they are required to provide you copies of the photo(s), then they are in the wrong and could be liable for 4 times the cost of the towing and storage.

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