QuestionHi:
My car was towed on Saturday night, January 24, 2009, approximately between 11:40pm and 11:49pm in Riverside, California, my son's residence.
I arrived at my son's at approximately 11:05pm and 11:15 pm. I did not know my car was towed until my son went outside at 11:48 pm to drive my car. To my surprise my car was gone.
To make a long story short, my car was towed for not displaying a parking permit. However, my son and daughter-in-law had informed me that I could park in spaces notating 600 markings, parking spaces in which anyone could park. The managers stated the lease agreement stated all visitors are to park outside the on the street. I was not informed of this.
The security guard who told my son that my vehicle had been towed for not having a parking permit did not inform me my car was being towed.
My question is, and as stated on the sign placed outside the complex, does the property manager and/or its agent have to give me a 96-hour written notice and/or warning that my car is going to be towed before removing my vehicle? I learned of this information upon attending a Police Summit on community intervention informed property owners that they could not tow a vehicle until after a 96-hour notice has expired and has been given to the vehicle owner. Also, I was reading that a vehicle cannot be towed for one hour of arrival, is this true?
Also, the security company and the tow company stated one or the other had patrolled the complex looking for cars that did not display a parking permit; but I patrolled the area from which my vehicle was towed and found 4 cars that did not display a parking permit. So, my concern is something is not right and I feel I was targeted, because my car was towed. Additionally
If my vehicle has been illegally towed what can I do, and who should I contact?
AnswerI found the state statue and all the answers are in the code. Read the code very carefully as to your situation. Here is the link http://dmv.ca.gov/pubs/vctop/d11/vc22658.htm Here is more information for research if needed http://dmv.ca.gov/pubs/vctop/vc/tocd11c10a1.htm
Also some cities and counties have local ordinances with private property towing but I couldn't find any in Riverside online. Most local police have resource officers for towing complaints and situations. I also suggest reading over your son's lease very carefully, there might be terms and conditions on parking. If they are clearly defined and stated or expressed then management can claim he was notified and agreed to the rules and regulations when signing the lease. It's a stretch and can be argued in court with all the other requirements for private property towing. As for the other vehicles and possible targeting, stay focused with your vehicle situation.
Michelle, I can't give any legal advice but I found the state code with other resources to possibly help your case. I also suggested that you contact the towing resource officer in that area for any possible wrong doing. Without putting myself into any possible litagation there isn't much more I can do.
