heres a link to the 4 images... just replace the spaces before the "co"
with a "."
My car was towed from a gated community that i live in. My roommate's truck takes up the entire carport so i have to drive around looking for guest parking. Back on the 8th of october most all of the guest parking was taken so i had to park by the front entrance to the community. The road that leads in to the place once you pass the gated entry, has about 6 homes on the left and on the right there is open curb side parking. The road then takes a 90 degree turn left and carries on into the rest of the community. Toward the end of the curve is a Fire Lane No Parking sign, and AFTER the curve completes, the curb is painted red. The curb is painted throughout the rest of the community and no parking signs every hundred feet or so. But the FIRST red curb once you enter the place is after that curve. When the park is full and i cant find anywhere to park i have found luck parking right at the beginning of that curve. its about 2 car lengths before the Fire Lane No Parking sign, and at least 5 car lengths before the red curb starts. Well i parked right at the beginning of that curve like i have dozens of times before.
The following Thursday ( yeah i dont go out much) i went to run an errand and my car was gone. I called the office to see if they knew anything about it and was told they had no record of anyone being towed.... i told them where i was parked and their reply was, "we told them not to tow cars from there." She gives me the number for the towing company they have a contract with to tow illegally parked cars and suggests calling them. I call them and learn the car was in fact towed 3 days earlier on Monday. He tells me it was parked in a fire zone, i tried defending myself and got nowhere. I called the building back up and asked her to call them and get my car released. She said there was nothing she could do but she would try. Hours pass i call her again, now she tells me yes i was illegally parked and her hands are tied. She then scorns me for waiting so long to resolve this and suggests had i called on Monday when it happened she might have been able to help me. I had no idea my car was missing until i went to use it on that thursday. In any event she wouldnt budge and the towing company wouldnt budge and i wound up having to pay $405 to get my car back.
When i picked up my car i asked for pictures because they are suppose to supply them per 22658(i)(2) vc but was told someone would have to call me back about that. No one did.... and i've made 2 more calls to them and been unsuccessful reaching the person who suppose to give them to me. To my understanding they were to be supplied with my invoice and in fact that same section states this:
(5) A person who violates this subdivision is civilly liable to the owner of the vehicle or his or her agent for four times the amount of the towing and storage charges.
In any event I was clearly not illegally parked in a fire lane as the marking requirements for a fire lane per 22500.1 vc is as follows:
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”.
Now there is a white line at the beginning of the curve which i always assumed was from when there were parking space markers but they've done construction on that road in so much they have not repainted them back in.
The last thing id like to add, is no one notified me my car was towed. The managers have my license plate information and the tow truck driver i believe is suppose to notify me or the manager by getting my name and address from the DMV. Furthermore after 72 hours they are allowed to charge you a Lien Sale Processing Fee, which they did yet i still never got any notification they planned on selling my car.
So...because it was on private property i cant request a review from the police dept and instead have to go to small claims court. My question is who am i suing the towing company or the property owners? The tow truck driver made the decision to tow it on a blanket order on the other hand the managers now say that it is a tow away zone.
By the way, $405 was a lot of money for me right now and ironically part of my rent i was saving up for next month. My roommate wants me to just eat and shut up because she doesnt want to risk getting kicked out... but i really could use that money back plus its the principle of the matter.
thanks in advance for any suggestions
p.s. I tried posting pics but for some reason the system wouldnt let me include images or even links to the images in my post. Kinda sucks because seeing where i parked is the point of this whole post. lol.