QuestionQUESTION: In the 4th of July, I went to downtown LA near USC to had late dinner with my friend. I parked my car in the plaza at 8:50p.m. There is a sign shows that 2hrs free parking for customer only. No sport parking blah blah blah. Because it's 4th of July,many people were in the restaurant. We decided to take out the food and stand beside the restaurant. About a hour and half, I went back and my car got tow away without any ticket or notice. I went to towing company and got my car back. I saw the report that the security guy wrote. He observed my car parked there at 8:15p.m. At that time, I was not in the plaza yet. At 9:15p.m. he reported to towing company. At that moment,I was in the restaurant waiting in line. ( I have the receipts to prove). So is it illegal towing? Do I have the right to ask them to reimburse the towing fee?
ANSWER: Well first off I have to say that "mistakes happen as the security guy is human and can make a mistake at times"
The issue sounds like it might be a bit illegal if the times on all the tickets and receipts match up and prove that things are not right. But a small claims court judge will most likely have to determine that issue.
You can try to get your money back from the restaurant or the tow company, but remember that the restaurant "CALLED" the tow company to come get the vehicles and the tow company was just providing the services.
California has some great laws regarding towing and what is legal and what is illegal. I will let you search the DMV web site as you will have more answers to questions than I can guess.
But pay attention to the VC 22658 section as it will spell out more specific info than others.
I hope this stuff helps you determine if you were towed illegally or not.
link to 22658 http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm
general link http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm
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QUESTION: Well, I assumed the restaurant didn't call tow company or report to security due to the very busy business. They didn't even have time to check the parking lot. How about if the security guy did it on his own judgment. So should I claim with security company? The towing company also said if I wanna get reimbursement, I have to deal with security company. So in this point, who should which party should I ask for? Security company? restaurant? or tow company?
AnswerWell as many lawyers would say, SUE EVERYONE and let the judge decide.
The restaurant wants the spaces for customers, so they have vehicles towed.
The security company was hired by the restaurant to control and monitor the lot and to call the tow company to remove the vehicles illegally parked.
The tow company who does the job that it is called and contracted for.
Or the motorist who parked the vehicle illegally.
Who would you sue in that case as you can apply who is really responsible for having the vehicle removed.
Some security - monitoring companies, record the vehicle and who exits it so they can keep up with the "legality" of trespassing.
And like you said in the first question, you took the food and ate "beside the restaurant" and 1 1/2 hours later you found out you had been towed.
Factor in that part in deciding what happened. I can only base answers on what I am told here. I am not here, did not see you go in the restaurant and then go stand beside the restaurant (not sure what kind of place this is where you can eat beside the place, maybe McDonalds?)...
So like I said at the beginning, there are 4 responsible parties, sue them all..
The Business, the Security - Monitoring company, the Tow Company, and the "MOTORIST WHO DID PARK IT THERE" in the first place. Those are the targets which the court will accept and rule on.
I know you will not like this answer, but that is what I see as the rules and law allow. And you are free to do as you want.
I just provide my thoughts and answers based on reading the laws and what I know both as a tow truck driver and a motorist.
