QuestionI LIVE IN CALIFORNIA, FRESNO. ON FRIDAY, MAY 14, 2010, MY HUSBANDS CAR WAS TOWED FROM THE APARTMENT COMPLEX FROM WHICH WE RESIDE WITHOUT PRIOR NOTICE.
THE CAR WAS CATAGORIZED AS NON-OPERATIONAL WITH THE STATE OF CALIFORNIA D.M.V. DUE TO THE FACT THAT MY HUSBAND AND I ARE BOTH DIABLED. MY HUSBAND IS MENTALLY UNFIT TO DRIVE THE CAR AND I AM IN THE PROCESS OF AQUIRING MY DRIVERS LICENSE. THE VEHICLES REGISTRATION WAS UP-TO-DATE, AND THE CAR WAS IN RUNNING CONDITION HOWEVER, THE CAR WAS RARELY MOVED FROM THE STALL FROM WHICH IT WAS PARKED. MY HUSBAND GAVE THE CAR TO OUR SON AND ONLY CHILD, WHO WILL BE TURNING EIGHTEEN YEARS OF AGE THIS COMING CHRISTMAS EVE, WOULD HOWEVER, GO OUT AND START AND REV THE ENGINE UP AS TO RECHARGE THE BATTERY AND HAND WASH THE CAR TO PRESERVE THE EXTERIOR PAINT..THE CAR WAS 'LOOKING GOOD!'!
THE OWNER OF OUR APARTMENT COMPLEX WAS AWARE OF THE STATUS OF THE CAR, AND HAD NO OBJECTIONS TO WHERE WE PARKED IT AND HE HAD NO COMPLAINTS FROM THE OTHER TENANTS WHO RESIDED IN OUR COMPLEX.
WHEN MY HUSBAND FIRST RECOGNIZED THE CAR WAS MISSING FROM THE STALL WHERE IT WAS PARKED, HE TRIED TO CONTACT THE OWNER WHO WAS, BY THIS TIME ON THE ROAD, AND OUT OF TOWN NOT EVEN ON THE PREMISES. I WAS ALSO OUT OF TOWN AND UPON MY ARRIVAL HOME TUESDAY, MAY 18, 2010 IMMEDIATELY CONTACTED THE OWNER OF THE APARTMENT COMPLEX.
I RECEIVED A LIEN OF SALE OF THE CAR WEDNESDAY, MAY 19, 2010 FROM THE TOWING CO...{SO SUDDEN)?
1) IT WAS BROUGHT TO MY ATTENTION THAT THE OWNER OF OUR COMPLEX WAS OUT OF TOWN WHEN THE INITIAL CALL TO TOW MY HUSBANDS CAR WAS MADE
2) THE PERSON WHO SIGNED THE DOCUMENTATION AUTHORIZING THE TOW COMPANY TO REMOVE MY HUSBANDS CAR WAS NOT THE ASSITANT MANAGER OF OUR COMPLEX BUT WAS AN ASSISTANT OF A DIFFERENT COMPLEX WHICH THE OWNER OF OUR COMPLEX ALSO OWNS, AND WERE FILLING IN FOR THE OWNER OF THE PROPERTY WHILE HE HE WAS OUT OF TOWN THAT FRIDAY, MAY 14, 2010, DUE TO ARRIVE BACK IN HIS OFFICE LATER THAT FRIDAY EVENING.
3) THE ASSISTANT MANAGER WHO SIGNED THE DOCUMENTATION GIVING THE TOW COMPANY AUTHORIZATION TO TOW MY HUSBANDS CAR OFF THE PREMISES WHERE WE RESIDE....(COINCIDENTALLY?), HAPPENS TO BE PERSONAL FRIENDS TO THE THE MANAGEMENT STAFF OF THE TOW COMPANY WHO TOWED MY HUSBANDS CAR AWAY!!
4) I HAVE CONFLICTING REASONS AS TO WHY THE CAR WAS TOWED.
IS THIS A NORMAL CASE SCENARIO? IS THIS LEGAL?
CORRECT ME SIRS IF I AM WRONG, BUT IN MY OPINION THERE SEEMS TO BE A CONFLICT OF INTEREST.
I WAS TOLD BY THE OWNER OF THE PROPERTY THE CAR WAS TOWED BECAUSE OF THE REGISTRATION WHICH THERE IS NO CASE FILE IN HIS OFFICE ABOUT THE VEHICLE. THE OWNER IS A NICE MAN IN MY OPINION AND SEEMS TO BE A KIND AND CONSIDERATE PERSON, AND TOLD ME THAT IF WE CAN BRING HIM VERIFICATION THAT THE CAR REGISTRATION IS CURRENT, NOT TO WORRY HE WILL TAKE CARE OF EVERYTHING ...PAY FOR THE RELEASE OF THE CAR. WHICH WE WERE RELIEVED TO HEAR HIM SAY, ONLY TO BE TOLD FROM STAFF AT THE TOW COMPANY THE CAR WAS TOWED FOR SOME ABANDONMENT CLAUSE? ..."IT SEEMD TO BE ABANDON" THE TOW TRUCK DRIVER REPLIED. THE DRIVER OF THE TOW TRUCK TOLD ME PERSONALLY THAT HE GOES TO DIFFERENT APARTMENT COMPLEXS AROUND TOWN AND MARKING CARS THAT FIT SOME CRITERIA LEGALLY ALLOWING THEIR COMPANY TO DO THIS AND THIS WAS STANDARD PROCEDURE.."ALL TOW COMPANYS DO THIS."
PLEASE HELP ME SIRS I AM VERY SAD AND DISSAPOINTED AND AT A LOSS OF WORDS AND I CANT AFFORD AN ATTORNEY OR CAN YOU ALL HELP ME PLEASE!!!! SINCERELY, KAREN
Answerwell California has a ton of laws and rules regarding towing vehicles and as such the DMV does regulate towing to some extent. They have a great web site with all the laws and such, and I will post the link at the end of this answer so you can search for information. You will have more answers than I will and you will be able to read sections which apply to your issue.
Now the definition of "ABANDONED" is part of the issue as I see it here. And that will be a big sticking point in any fight or legal action be it by DMV or you in small claims court.
In most cases though, an abandoned vehicle is one which does not move in 72 hours to 96 hours.
But that generally applies to parking on city streets and such.
Now if the tow company just drives around and looks in complexes for vehicles which appear to be abandoned then there are some major issues here. First of all, the tow company needs to have a signed contract with the complex as to being able to provide that service for removing vehicles.
Now that contract also specifies who is "LEGALLY AUTHORIZED" to sign the authorization forms for removal of vehicles.
Second is that signs have to be posted in accordance with the law. Yes that is also specified in the DMV rules.
Now for the assistant manager to come over from another complex and have vehicles removed might be legal provided that he is authorized for your complex, IN WRITING for legal reasons.
Regardless if he is friends of the tow company owners, if he was not legally authorized then you have grounds for going after them for "A ILLEGAL IMPOUND" which can cost them a bunch of money as it has provisions for up to 3 times the towing and storage fees.
The notice of lien sale worries me also as in California they can do liens based on the value of the vehicle and if its below a certain point (think its like $2000.00 in value) then they can FAST TRACK the sale papers and get rid of it in like 15 to 20 days. Might be wrong I have not kept up on California laws as much as I should be doing. Sorry.
Now has your property management kept their word and got your vehicle back yet, or is it still in the tow yard. If they did resolve the issue, I hope that they take a good look at the agreement and possibly change it to where they have more control about vehicles being towed or even change companies.
Hope this helps and sorry for the delay in answering, as it has been real busy at work lately.
DMV link http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm
and pay attention to this rule as it applies in 90% of all issues
http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm
