Towing Issues: Was our car towed illegally ?, rental lease agreement, doughnut shop


Question
Hi Richard,
My wife went to a hair appointment in National City Ca.She parked in a space next to a doughnut shop which is in the same strip mall , a very small mall 4- businesses total.After her appointment she came out and her car had been towed.The owner of the doughnut shop had it towed because he said he didn't know who's car it was.The people in the other business's vouched for my wife that she was a frequent customer.There was a sign on the side of the doughnut shop saying it was reserved for customers only.
But the parking is shared by all 4-businesses.ONE HOUR LATER AND  WE WERE $ 246.00 POORER.Do we have any recourse ?
                 Thank you for any advice.
                                      Frank
            BEANS AND RICE FOR A MONTH !!

Answer
ah the shared shopping mall issue...

Well this is sounding kind of like a illegal tow, if the spaces themselves are marked for the donut shop, but of course that is hard to really do properly. The doughnut shop owner not knowing who owns the vehicles is something that is very common. Its hard to keep track of all the vehicles.

Yes they can mark it with signs and such but in actuality does the doughnut shop really have spaces authorized in their rental-lease agreement. That would be the key in determining its legal status.

As to what to do, it would depend on how much "information" you (or a lawyer) would be able to get, including lease agreements and such.

Proof that your wife was a customer of the mall, would be good in court if you went that route.