Towing Issues: HOA Fire Lane Tow, tow truck company, tow truck driver

Question
QUESTION: Hello Chris, thank you in advance for your help.  My car was towed in Rohnert Park, California.  My parents reside in a townhouse with an HOA.  All street parking is prohibited as it is a fire lane and it is well marked.  However, the CC%26R's allow for "short term parking in the fire lane for loading and unloading." Last night I arrived at their home at 11:10 p.m. and parked at the base of their 2 car driveway to unload an item and pick up another item that I needed assistance carrying to the car.  I unloaded the car, went into the house, used the restroom, gathered the items that needed to be loaded and found that my car had been towed (it should be noted that the front door was open and the lights were on).  The neighbor had attempted to run after the tow truck to no avail.  I immediately located the tow truck company phone number, contacted them and spoke to the drive en route to the tow yard.  He would not stop or turn around so I had to drive to the tow yard and paid a towing fee, gate fee and storage fee (totaling $320.00).  The paperwork noted the tow time as 11:16 p.m.  When I drove my car the brakes were soft and it smelled of burning brakes.  I asked the driver if the tow could have had any impact on my brakes and he said absolutely not, however, he towed my car with a front tow (no flatbed), in gear with the emergency brake on.  The tow truck driver refused to give me his full name and/or employee identification number and could not tell me who I needed to speak to within his company about these issues.  He also did not provide me with a photo of the violation (I don't know if he took one or not), he stated that he never got out of his truck to do the entire tow job.  

My parents have lived in the same home for sixteen years with the same CC%26R's and a precedent for allowing short term parking in the fire lane (which is 25 feet wide) for loading and unloading.   I am interested in taking the HOA to small claims court on the towing issue and the tow truck company on the damages (and if they did not take a picture, on the tow issue as well).  Does this sound reasonable and worth the time and effort?  Or is it a lost cause?  Any advice about how to proceed or make the case in court?  My parents and neighbor are willing to testify to the time I arrived.

Thank you so much for your help.

Donna

ANSWER: I definitely think you have a case. Was your vehicle front or rear wheel drive? If it was towed with the parking brake on then they are responsible for damages. They must also have a signed towing authorization, which I am pretty sure they did not get at 11pm. It sounds like they were just cruising for illegally parked vehicles, which is prohibited by California code. You can look up the entire code on line through the DMV and search for towing.

---------- FOLLOW-UP ----------

QUESTION: Thank you so much Chris.  My car is a 1999 Honda Civic LX and it is a front wheel drive.  The driver used a front wheel tow with back wheels on the ground rolling.

Thanks,
Donna

Answer
Thanks for the additional info. Your vehicle being a front wheel drive was fine for it to be towed with the transmission in gear since the front wheels are the drive wheels. The damage to the brakes is definitely the responsibility of the towing company. Having the emergency brake on while towing can cause the brakes to burn up and actually catch on fire. In addition to the wear on the brakes it can also cause worn or warped rotors and damage to the calipers due to the heat. As for the towing I would ask to see a signed towing authorization.