Towing Issues: motorcycle towing when locked, empty apartment, code police


Question
Hello. I currently live in Folsom, CA in an apartment
complex where they (1) require parking permits, (2) have
assigned parking stalls, and (3) have gated parking for all
tenants.

First, in regards to the permits, in the 1.5years living at
this apartment have never seen anyone at any hour of the
day (I've once been home a whole day periodically checking)
checking for permits, nor are there any clear/obvious signs
on the property that say permits are required. There are
signs that say "unauthorized parking is subject to towing
at owners expense" and then some CVC code, police number,
and towing company number.

Now, I would consider myself quite the observant person,
and I know which assigned spots are consistently empty,
most likely due to an empty apartment/no-tenant situation.
So, sometimes I choose those spots to park my motorcycle.
Since this is an apartment complex, I always lock my
motorcycle to the support beam of the stall of the
unassigned parking space.

My question is if my motorcycle is locked to the stall-
support beam, can the towing company do to tow my bike?
will they cut my lock?

BTW, i use "empty" parking stalls to park my bike so that I
can lock my bike to a pole. My girlfriend parks in our
assigned stall.

An aside:
I once encountered somebody in my assigned parking stall
late one night, and called the tow company to remove the
car. The tow company said that I would need the "Lease/Rent
agreement" showing that I'm the assigned tenant of the
parking stall. However, as I was calling, the person parked
in my stall came out and moved the vehicle. So the question
here is, I thought one of the property managers or
law/parking enforcement had to be present to sign the tow.
Is what the tow company told me true? Can they tow on-call
by order of tenant only?

Thanks!

Answer
I really want to try and help with this, but it appears that you are kind of looking for legal advise here as to "how to beat the system"

Locking the motorcycle to the post in a space that you do not have any legal rights to, is not a good idea and while it would seem that it would be illegal to cut the lock and or chain by the tow company at times they have to do that under direction of the management or other authorized personnel...

Or they could do that and claim that the property management did it...

I know that having 2 vehicles and only 1 space does create problems and I know of no other answer than to say, park legally or get legal.


And tenants calling for the tows, well that is not really allowed as you are not "the property owner or manager" and as such do not have the legal rights to do so. I would of complained to the management about the illegally parked vehicle.
People who do authorize the removal of vehicles are also legally responsible and financially responsible for this action.