Towing Issues: Illegal tow, subsequent loss of personal property and car, california highway patrol, certified mail


Question
On Jan. 4th. 09 my car was towed by the California Highway Patrol while sitting in the breakdown lane.  I had pulled over to fix my exhaust.  While fixing the exhaust my batttery died because my hazard lights had run a bit long.  I then left my vehicle with key in the ignition,trunk open and tools out to suggest to any CHP officer the car had not been abandoned and was being worked on.  As I returned to the car to jump it, I witnessed a tow truck and squad car taking the vehicle.  The officers returned after I called dispatch and very nervously told me they towed my car because they thought homeless people were going through it.  Not because it was an obstruction to traffic. I was told nothing could be done because the tow yard was closed. I called the tow yard upon getting to a phone and was informed only the registered owner could get retrieve anything from the car or retrieve the car itself,later I found this to be untrue. The car was in my significant others name. We did do a transfer of title but I live in the bay area and the car was in Ventura Ca.  I called the tow company and was informed I had until the 12th of Feb. to get my personal belongings or the car.  I arrived on the 12th. and was informed the car and everything in it had been sold at 10AM. I lost a car and thousands of dollars worth of personal effects.  What recourse do I have?  I feel as if my car and my belongings were stolen from me.  If I knew I could declare a person to get my car and or personal effects,I would have sent a friend who lives in the area well before it got to this point. Help!!

Answer
If the car was sold at auction then it's done. The tow company would have notified the last registered owner by certified mail to retrieve the vehicle before the auction date. If the owner or you (with notarized letter or power of attorney for the vehicle) didn't retrieve the vehicle or items within the time limit then who is to blame.

As for the police requesting the tow, the police are allowed to remove any vehicle that is left unattended on the side of the road. If anything was missing, whatever, it's your responsibility to secure and safe guard your belongings. By leaving the key, vehicle unlocked, etc. you left a huge window of opportunity for any unscrupulous person. Next time, lock the car and leave a note w/cell number. Sorry to hear about the car and your belongings!