QuestionQUESTION: I just got out of hospital, have a temporary valid handicap sign,I stopped at my office to pick up the mail however, I could not find a parking space. I parked at the next door restaurant parking in a handicap space( this restaurant has been closed for almost a year. sometimes there is a guard on the property to prevent vehicles from parking). Today there was no guard, no other signs except the old restaurant sign which says: customer parking only and I was not going to be long anyhow. My car was towed at 11 a.m. (I had parked there 10:15 a.m.)
I had also left a note on the dash-board showing my phone number and stating: Will be back within one hour; if you want me to move please call........
I got a ride from a friend and picked up my vehicle at 12:25 p.m.
My question is:
1. There is no sign and no guard at the property. What is their legal ramification for towing?
2. I was parked at handicap space, also had a note on the dashboard but no one called.
Being an investigator, I asked around and I learned that a guy watches from across the street and as soon as a vehicle is parked he calls the towing company. (it seems to me that this guy and towing company have something going)!!What is your verdict please.
ANSWER: What state are you in? It often makes a difference for private property impound laws. As for the towing, if it is private property, they do have the right to remove vehicles. It may not be right, but they do. As for the predatory towing, you may very well have an issue. Let me know what city and state you are in and I will check. You can also google predatory towing to see if there are issues in your state.
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QUESTION: I am in the State of California. As to they rights (aren't they required post signs or a security guard they usually have on the property)?
I will conduct surveillance to see how the towing trucks are notified and believe there is something going on.
Thank you for your prompt response Chris.
AnswerThey don't have to post a guard, but there should be a sign that is clearly posted advising that it is private property and that vehicles will be towed. In California and many other states owners of private property have vehicles towed due to liability. This is often an excuse for someone to abuse the towing laws. You are fortunate in that California has good access on line to all of their towing laws and requirements for private property impounds. You can access it through the DMV web site. I think surveillance would be a good idea to that there is predatory towing going on.
