QuestionQUESTION: my friend lives in apt building where they have assigned parking spots she was given two parking permits for her one spot tho she didnt have a car at the time. she bought a car on fri had it parked in her spot with the permit visible where it is supposed to be placed back driverside window yet by 7am saturday the car was towed. is this legal and how does she go about getting the car out without having to pay the over 300 dollars required she just spent all the money she had on the car and was not unlawfully parked
ANSWER: Well I have no solid answer for the reason for a tow, but I can base one on my experience with doing tow aways from apartments.
usually a manager or even a tow truck driver will get used to the spaces being empty for no vehicles assigned or empty apartments... If there is a vehicle which appears suddenly (especially on a Friday night) it tends to look like an unauthorized vehicle.
This looks like what happened.
Now as to not paying, well I kind of doubt that it will be given back, but its possible.
Talk to the tow company (nicely) and see if they realize that a mistake was made. Talk to the apartment management also, nicely again and see if they can help you.
But also remember that each day the vehicle is in storage at the tow yard the price will go up.
If you can not get something worked out, then do what you can to pay and get it out. Then you can always go the small claims court route and have a judge rule as to what is right and wrong and what is legal...
Hope this helps.
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QUESTION: it was parked in the correct spot with the proper permit the only reason why they said they towed the car is due to the fact they didnt recognize the car, so what if they didnt it had the proper permit in the window in the proper space, she bought it late friday night and it was towed a little before 7am on saturday it is still in the tow yard cause she does not have the money to get it out when it should not be there to begin with. in the laws it says "(b) The tow truck operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal and the time of the removal from the property. If the tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property."
Answerget the apartment management involved in this.. they might have a bit of say in this. Now I do not know if they will be able to get it released at a lower rate or without paying. Never give up as they have a lot of clout in this.
Remember that the contract is what the tow company wants to keep.
Now as to how to fight this. The California DMV is the one that has the rules you mention and they will be the ones who fine the tow company for violations. You can talk to them about it.
Pressure on the tow company might help also, but remember to be nice and calm. State the facts and do not push the laws or make threats as that will get them to bow up and not do anything to help resolve it.
Keep good notes on this also, incase you wind up in court also. Proof if the thing that will wins.
Good luck
