Towing Issues: Not Posted as Private Property in Ca, dmv web, ca dmv

Question
Hello,
I know you reference the ca dmv web site for questions regarding CA V.C. 22658 but i have questions that do not seem to be answered by the dmv website.  I did a lot of research on this issue before deciding to ask your opinion.  

I parked my truck in a parking lot that had one commercial building and four different business spaces in that building.  Only one was occupied and the others were advertised as available to lease.  The lot had a sign at the entrance posting vehicles parked in designated handicapped stalls without displayed placards will be towed, but no sign posing private property per CA V.C. 22658 or Fresno Code FMC 10-806 that states the same sign requirements.

So I parked in a regular stall in the large empty parking lot at the farthest corner from the only business in the lot.  When I came back my truck was gone, I assumed it was stolen until I was told by the local (Fresno) police it was reported as abandoned by the owner of the business at the private property and they called, to report they were having it towed.

I was given the phone number by the police of the private tow company that towed it (the tow was not requested by the police).  When I called the tow company I was told over the phone it would be $247.50 cash to get my truck back that night because there credit card machine was not working that night. I got the cash from 2 ATMs and had a ride take me to the tow yard.  When someone (not the driver) came to unlock the gate (after hours) I complained about the signs not being posted and the validity of the tow and the request for cash and asked for information on who requested the tow.  I was given no answer except the first name of the only business in the parking lot.  I eventually handed him $260 cash (ATMs only give $20 increments)  then I was told he had no change but I could go to the corner liquor store and get change.  I refused to leave so that he could not lock the gate and charge me to open it again.  After about 15 mins he said he would try the credit card machine for the amount of $47.50.  At that point I was tired and frustrated and I agreed to pay $47.50 on the cc then when it went through I asked to do the rest on the same cc and he said no its not working again. I paid him the $200 cash just to get my truck and leave, before I punched him.

I looked at the receipt before leaving and the reason for tow was marked tow zone / p. p.  which I would guess is private property, the location is just the main cross streets in the area.  The box marked towed per order of; the owner was listed (i am guessing the Property Owner / business owner)  it also has the $145 towing charge $30 storage charge and $72.50 as a locked gate fee listed for the total of $247.50.  It does have my truck license and vin info and my drivers license info but no other reason for the tow, or information on the person requesting the tow.

I went back to the parking lot (i would guess the construction was finished in the last year, if that matters) and took photos of the only entrance and the only sign was the h.c. sign mentioned above and a newly added 8x11 piece of paper reading something like-private parking for customers only all others will be towed no exceptions, but not listing all required text or size as required by 22658 or local Fresno codes.

My questions are;

Who is liable if I decide to sue, the owner that I can not get information on that is listed in the police computer as the person calling in the tow.  (The local police say it is a civil matter and would not tell me the name of person reporting the tow, and the tow company does not want to hand it over either.)

Or

The private tow company that towed without a posted sign at the only entrance, and said they don't have to provide me with a copy of the written authorization?

Or both?

Can I try to sue for different violations of the same Vehicle Code in the same case?

I understand you would not have made the careless mistakes with the experience you have, but this is my first towed car and I was caught way off guard.  What would you do if you were inn my place?

I am having a very difficult time finding anyone that does not just tell me its a civil manner.

If you don't want to give a full or partial response to this long and complicated story, please feel free to tell me and I will still give positive feedback just for the reply.

(I also left out a few details that make the tow company / property owner look a little worse to save your time if you don't want to get involved.)

Thank You,
Daniel

Answer
Well I hate to say this but most of the issues are a civil matter, as the vehicle was towed from private property...

Now I am not sure how the laws out there work really in regards to the issue of not having the proper signs up and the authorization forms and pictures available to be given to you as per the laws (VC 22658 and such)

I know there are penalties which are listed and I imagine that you would have to file a complaint with the DMV since they are supposed to regulate the towers.  Yes there are some hefty fines and such which can be applied as you have seen in the rules.  

And what ever you find out about this and how to get the system to work for you, please let me know so I can help others with issues like this.


I would imagine that if you were to sue, I would be suing the property owner - manager who authorized the tow, and the tow company for doing an illegal tow as per California codes.

Remember also that you will do this in small claims court most likely will take you having plenty of evidence, the rules - regulations, your paperwork from the tow company. Pictures and such of the property and signs. All that kind of stuff. You have to establish that you were wronged and that both of the other parties did not follow the laws.

As to how many violations of the vehicle code, well I am not sure on that issue, but I "think" you might be able to go after each party for each violation...

Good luck and let me know what happens here.