Towing Issues: Help: 50+ Cars illegally towed Mountain High Resort, Wrightwood, tow truck companies, minor infraction

Question
This past Saturday 2/7/09 50+ cars were towed from the streets surrounding Mountain High Resort (MTH), Wrightwood CA 93544 (CA-2 & Big Pines Hwy). Three tow truck companies were involved in this, High Desert Tow, Jones Tow, and Countrywide Towing & Roadside Assistance (CTRA). A few people were able to contact the towing companies and get a cab to tow company’s storage and pick up their vehicle for about $350 which sounded reasonable – I fell pray to predatory towing and had my vehicle illegally towed  $595.00 

General Questions: (personal questions)

1)   Sand Bernardino National Forest charges $6.00 fee for parking within USDA Forest. If you get a “Notice of noncompliance” does that constitute a reason for towing?

(On my window shield I did get a citation which indicates to me that I was citied for a minor infraction pertaining to the USDA Forest rules and that it did not constitute my vehicle being towed. The highway was covered in snow and I made sure to park between the curve and the “White Lane”)

2)   If you car is towed by CHP do you still get a ticket? If, NOT do you get a copy of the citation or reasoning from the tow company.

(The drive of CTRA did not provide me a copy of the so called reasoning for towing my vehicle – the document he showed was generic and did not specific to my car. I only received a copy of his receipt! )

3)   Can the tow company collect payment for your citation or do you still need to follow up with the agency issuing the citation after you pay the tow company?

(The drive of CTRA claimed that he was collecting fees for the so call citation and this was part of the reasoning why the fee was so high. Thou nothing was listed on my receipt.)

4)   Are tow companies hourly rate ($55 -$185) and minimum storage (1-2 day) charge regulated ?

(When I contacted the tow company to pick up my vehicle and asked for the address so I could take a cab to pick up the car they refused. Stating that they could only drop-off the vehicle. The charges listed on the receipt reflect overly inflated fees. 2hr @$185 | 1 day storage @ $40 | tow back to location $185 = $595 total )

5)   If your car is damage while in the possession of the tow company are they liable? What is the recourse for getting the vehicle repaired by the tow company?

(I notified the tow drive that my brand new car (less then 3 months old) had been damaged while in their care. Since we were in the middle of the forest – the driver forced me to sign the disclaimer at the bottom of the receipt – otherwise he stated that he would not release the car till Monday. My brand new car hard a scratch and you could tell it was brand new because a piece of the clear coat protection film was still dangling from it.)


Answer
Well first of all California DMV has a great web site which lists all the rules which apply to towing in California. You can find a lot of answers there, BUT this issue also throws the Forest Service into the mix. You have 2 different agencies which are enforcing rules there now.

As to the tickets from the forest service, that might be part of the issue in the price there as the forest service would most likely not have any "TEETH" or laws to actually collect the fines, and it might be in the contract with the tow companies to collect the money. I can not say as I do not have access to any of those contracts..

Now California Highway Patrol rates, are regulated, but they are different between each district office and as such can vary widely.

$ 185 does sound about right of the services and yes the storage is also regulated. What does sound strange is the "having to tow it back" part that you claim. I am not sure if that is truly a regular business practice or not. Generally it goes to the yard and you have to get there on your own and pay the fees.

Tickets from CHP, well if they are issued to the vehicle you should get them, but I know that CHP also does a form "180" which is an impound form that the tow company signs and gets a copy of. I am not sure as to if you can get a copy of it. (I am not in California so I do not really know the answer to that question)

Damage to the vehicle, well I know that as a general rule, they should be responsible for damages done to the vehicle, but if your vehicle was parked as it was stated, there will always be the chance that they will claim that it was pre-existing damage before they picked it up.

Snow covered roadways, can be were someone slid into the vehicle, or even if another vehicle was parked near you and it was towed, they (the other tow company or that vehicle) might of scrapped your vehicle.  Its really hard to say on that part. But you can talk to the tow company (keep good notes, date - time, and who you talk to) and have proof of damage, pictures are good. Be nice, be civil and you might get things handled and it could all work out. But if you do not get anywhere you might have to go the small claims court route and that is why you want to keep good records.  
Remember that details will help and win cases, even when you are talking to the tow company about the issue.

Good luck, but this sounds like an area where there are lots of vehicles towed due to the lack of proper parking areas and the excessive amount of people there...

Kind of like shooting fish in a barrel.