Towing Issues: shopping mall tow, small claims court, claims case


Question
The parking lot had signs "customer parking only". I parked, went in a store then decided to walk down the street for a haircut and lunch leaving my car in the lot. When I returned the car had been towed. Security obviously had me on camera leaving the lot. The ticket was checked in two boxes, one for "noncustomer" and the second box for "over time limit". Looking at my ticket, according to the times the car was parked there for less than 2 hours, and I had planned on returning to shop. I thought I had a small claims case except it appears according to DMV section 22953 states they only had to wait an hour to tow me. Is that correct?

Answer
Well it does sound like a legal tow.. I see it in the question that it seems you are in California..

The "one hour law" does not always apply in certain cases and this is one where it sounds like it did and they followed the laws...

But the actions of you walking off the property is where you became a "non customer" and that will be the key in the small claims court case.
They can prove you did leave the property and that is what the judge would look at...  Planning to return to shop will not matter as you did not do that in the first place and anything can be "said" about what you were going to do.


Sorry but it sounds like its an expensive life lesson.