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  1. #1

    Default Towed From a Fire Lane Due To Shortage of Parking

    I rent a room in a housing complex where parking has become more and more difficult. When I drive in at night there is often not a single available parking spot anywhere in the whole complex, including our driveway, so I occasionally have parked in a red fire lane (we have alot of these). Usually I come out the next morning and move my car but I forgot yesterday and it got towed.

    This morning I called the towing company and they said I would need to pay $354 dollars. I'm wondering if I have any legal recourse at all here. That's really alot of money for me. If it were less then 100 bucks I would just not bother to find out but I was surprised at the amount of the fee.

    Any legal help that anyone could provide would be appreciated.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    have youthough of simply not parking illegally? I doubt the fire lane has hour restrictions so I would guess you are lucky you have gotten away with this as long as you have.

    Have you contacted your LL as to the parking situation? any suggestions from that point? are parking spaces inculded in your lease?

    Oh, and to legal defense to parking in the fire lane; none that I am aware of. Like Baretta used to say; if you can;t do the time (or more appropriately; if you can;t pay the fine), don;t do the crime

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    State law might vary on the towing requirements from red lanes and fire lanes in your state. You will need to find out who authorized the tow and under what authority.

    But, state laws vary.

    So, can you advise in what state did this occur? Was the curb painted red? Was it marked as a "fire lane" in any way? Was the tow initiated by the management or by a government entity?

    - Carl

  4. #4
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    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    Quote Quoting cdwjava
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    But, state laws vary.

    So, can you advise in what state did this occur? Was the curb painted red? Was it marked as a "fire lane" in any way? Was the tow initiated by the management or by a government entity?

    - Carl
    I've nearly given up since OP's do not wish to post the germane state (even though prompted to do so when starting a thread) so I tend to make responses a bit more generic in those cases.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    Certainly.

    I just didn't want to launch into the wherefores and maybes to move beyond what you said - too many possibilities to expand upon.

    - Carl

  6. #6
    panther10758 Guest

    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    Quote Quoting happyfanatic
    View Post
    I rent a room in a housing complex where parking has become more and more difficult. When I drive in at night there is often not a single available parking spot anywhere in the whole complex, including our driveway, so I occasionally have parked in a red fire lane (we have alot of these). Usually I come out the next morning and move my car but I forgot yesterday and it got towed.

    This morning I called the towing company and they said I would need to pay $354 dollars. I'm wondering if I have any legal recourse at all here. That's really alot of money for me. If it were less then 100 bucks I would just not bother to find out but I was surprised at the amount of the fee.

    Any legal help that anyone could provide would be appreciated.
    Ok so you have been "knowingly" breaking the law for some time now and getting away with it. If there had been a fire FD would have difficult time getting to fire and this could cause further property damage and possible loss of life. Now that you have been caught you want to find a way to minimize your costs!?

  7. #7

    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    My cousin is a fire lieutenant. When they responded to a minor restaurant fire about a year ago, someone was parked in the fire lane about 20 yards from the entrance to the establishment. And wouldn't you know it, they had to use the fire axe, bust out the windows, and run those leaky hoses right through the middle of that car (a Mercedes, no less). Bummer thing for the owner was that his insurance wouldn't cover it, since he was parked illegally and the FD "did what they had to do". Lesson learned the hard way I guess.

  8. #8

    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    This is in California. I'm sorry I didn't post the state in the original post.


    As I stated, the housing complex doesn't have enough parking for the people who live here. I have no where to park nearby. This is a housing complex that is walled on two sides with a major street with no parking available on a 3rd side and a public park on the 4th side. I could also add that half the street next to my house is covered in red fire lanes on both sides. I'm not preventing a fire truck from parking and I don't park next to fire hydrants.


    I'm interested in hearing any positive suggestions for managing the situation of handling the towing fee.

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Towed From a Fire Lane Due To Shortage of Parking

    Whether you have any recourse depends upon the answer to these questions:

    IS the lane marked as a fire lane by either signs or by the words "fire lane" painted on the RED curb?

    WHO authorized the tow? In other words, did the apartment manager or owner call the two company to remove it? Or did the city/county officials (law enforcement, parking enforcement, etc.)?

    If the curb is NOT marked as a fire lane anyway along it, then is there a large warning sign at entrances advising that vehicle can be towed pursuant to CVC 22658?

    What is the $354 for? It is almost certainly not solely for a single night's storage plus the tow ... but, I suppose rates have skyrocketed in bigger cities in recent years and it MAY be permissable, but, wow!

    - Carl

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