Towing Issues: Truck Towed from Condo Complex, pomona california, tow yard

Question
My truck was towed this morning from my complex (Pomona, California). My truck has never been towed before but has received warnings in the past (as the do when your vehicle doesn't have a parking pass) Generally a vehicle will get a citation stating it needs to have a pass or it may be towed. In my case, I never received such a notice and my vehicle was towed away. I went to the tow yard and notice that sign stated the business hours are from 9am - 5pm. I called the number listed and the person told me that I would have to wait till 9am and they would only except cash if the registration, DL and credit card info all match (i.e. address and names) Well, my mother is the registered owner but I'm an authorized driver on the truck. I looked up the vehicle code (22658) and it stated that they are supposed to be open from 8am - 5pm and release the vehicle upon owner, or authorized person, request at any time. Also I read that they are supposed to take any form of payment. Do I have a case here to get my money back?
Thanks for you help
-Bryan

Answer
I really have no answer to this question as to if you have a case to get your money back...

You mentioned that you have got warnings before, but you say that you did not get one this time when "YOUR TRUCK" was towed...

Then you go on to say that your mom is the registered owner and you are an authorized driver... Is there any paperwork which would support that in a legal manner?

As to the hours of the tow company, yes it does say the 8 to 5 issue,  "(C) Notwithstanding any other provision of law and for purposes of this paragraph, “normal business hours” are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays."


As to the credit card issue,

"(k) (1) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid credit card or cash for payment of towing and storage by a registered owner or the owner’s agent claiming the vehicle. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except for the purposes of this section, credit card does not include a credit card issued by a retail seller."

Retail seller would be like Wal-Mart or someone who has its own card from my understanding (Wal-Mart has a pre paid debit style card which is not a credit card at all, even though it displays the visa logo)


You always have the right to sue with the small claims court and see if you can get any of your money back, but I am not sure what the outcome would be since you would have to present the evidence just like in a real court case... Lots of documentation and proof of violations on the tow companies, and apartment complex part... But remember if you did not have the needed permits (you said it was not displayed) then you will have to battle that issue first...

California now requires that a picture or 2 showing the violation be taken to back up the claim of being a legal impound or not. And a picture is hard to beat in court.