Customer Was Battered by a Tow Truck Driver

[davos]

The following question pertains to illegal towing and battery, arising from the same series of events.

I had my car towed from my apartment late at night last week. It was parked near a curb that was red but not marked "fire lane." According to VC 22658, I asked the tow truck driver to unconditionally release my vehicle as it was still on private property. The tow truck driver offered me a drop fee of $150. I knew that was above the amount he is entitled to demand as it is more than 50% of the regular tow fee, so I stood in front of my car and insisted that he only take the maximum amount. He refused to come down from $150, but I have no evidence of this.

After becoming visibly frustrated that I wouldn't move, he punched me in the face and in the groin. He then contacted the police and told them that I had pushed him when I did not even lay hands on him. The police arrived, cited both of us for misdemeanor battery, and allowed the tow truck driver to take my car. They asked me questions like, "He's a good guy, why would he punch you?" and "Why don't I see any marks on you?" without even inspecting me first. They casually asked the tow truck driver to send them the footage from the camera on the truck, which he said he would. Guess what, he didn't. There were also no cameras in the apartment complex and no witnesses.

I tried getting my car out the next day but they would not pick up my calls. They then asked me if I was the registered owner, which I replied that I am not, my mother is, and the car is leased. They gave us both the run-around and told us that the bank had to be the ones to retrieve my vehicle. Finally, I got my car out the next day but they charged me a total of $950 because of the time they spent on site talking to the police. Also they would not allow me to pay with a credit card.

I am pursuing a claim against the tow truck company, but I have heard from others in the same boat (yes multiple people in my apartment complex have had the same experience) that they are impossible serve summons to as they purposefully dodge process servers. I am also considering pursuing a claim against the apartment for authorizing an illegal tow, and they are also more likely to be hailed to court, but I don't know what the basis would be. They granted general authorization to tow cars illegally parked on private property, but did not specifically authorize the towing of my vehicle. I believe that it was the security patrol that called the tow truck company but I have no evidence of this. I am also considering pursuing a claim against the police. What should I do?

[Mr. Knowitall]

It may be that the apartment fire lane was improperly marked, but that's not something I'm going to speculate about without knowing whether you were also arguably impeding entrances or exits, what signage exists, the rules you accepted for parking in the community, the presence or lack thereof of a fire hydrant near your vehicle, and other such factors. For example, if you were within fifteen feet of a fire hydrant, even if the lane would arguably have been inadequately posted to be a fire lane, you can be towed based on a standing order.

Why did the police allow the tow truck driver to take your vehicle, rather than allowing you to pay a drop fee to recover the vehicle?

Did you get a receipt? If you want to try to claim that you were charged an excessive fee, it would certainly be helpful to document that you paid cash and the amount that you paid.

[jk]

to the tow company somehow dodging service; every business that is registered in California must have a registered agent/ agent for service of process. Check the sec of state records for the agent for the towing company. You can serve the company through that agent.

As mr k states there are myriad issues involved regarding the legality of the towing so I too won’t speculate on that. I am providing statute that speaks to towing, the requirements of a lawful tow, and actions and penalties for those unlawfully towing or ordering the towing of vehicles.

http://leginfo.legislature.ca.gov/fa...ctionNum=22658

[asa_jim]

Regarding battery, where there are no witnesses and no injuries it is merely one person's word against the other. They were correct in doing nothing.

[Mr. Knowitall]

TThe police arrived, cited both of us for misdemeanor battery....

I wouldn't call that "nothing".

[cdwjava]

Sounds like it was a case of dueling private person's arrests. In such a case, the police cite or arrest both parties and then let the DA sort it out. Most of the time, the DA won't file in such instances. But, ya never know!