Question
Scene of this crime
QUESTION: Hello,
I've recently had the unfortunate experience of my car being towed because it was supposedly parked in a handicapped spot. Well, since I know I didn't park in a handicapped zone, I asked to see the pictures and found that my front bumper was a little over (I've enclosed a picture for your review).
As you can see from the picture, the truck behind the car has intruded on the middle spot which is why I intruded on the handicapped zone. The white truck still remains and every person that has parked in that middle spot has parked exactly the same as the car in the picture, a little over.
After reading section 22658 of the California Vehicle Code, I found that the apartment complex did not comply with the parking violation warning requirement of 96 hours since I had just parked my car and it was towed less then an hour later. So, I have a couple of questions:
#1 Does the vehicle code I provided apply to me and this situation or are there other underlying matters I don't see that cause me to be at fault? Since I don't think that the parking situation was my fault (or it could be, please tell me if I'm completely wrong) what other actions can I take to clear my name?
#2 I've already taken the steps to get my car out of the towing yard, is there any recourse for me? And how do I go about getting my money back if possible?
I need help and any information you can provide would be FABULOUS!! Thank you in advance!
Cassandra
Los Angeles, CA
ANSWER: Cassandra,
I need a little more information from you. First, did you get a ticket from any police Dept. for 'so called' parking in a handicap spot? If not, who authorized the tow? Surely the tow-a-way company wouldn't have helped you break the law.. (ha,ha,ha) We tell our student here, who are victims of tow a way companies to take a picture with their cell phone as soon as they park. It take a driver about 15 seconds to make a legal parked car illegal, just make it hit the white line..
I have shown this picture to several drivers, done who understand why you were towed, plus they all mentioned what an odd place for a handicap parking spot. Is there one or two spots for handicap parking right there? The painted lines are confusing to say the least. In the spot right in front of you, I can't see a handicap sign..
Another question, everyone has noticed the truck and vehicle in the handicap spot are facing each other... Is there a reason for this? Most vehicles would all be parked facing the same direction.
No, I do not think you should have been towed. Do two things. Show the picture to a local law enforcement, ask them if they would have written a ticket and fined the driver. (after the fact doesn't effect you) Then find out if the law should be the only people to request a vehicle parked in a 'handicap spot'. I do not see where you prevented or caused any harm to the car parked in the handicap spot.
Go to www.municode.com, scroll down to library, click on CA then the city or county you are in, look under the handicap laws, see if a private company has the right to tow from them. I do know a federal law states it is a crime, therefore the police should have requested the tow, which I doubt they would have, due to the line you crossed not being painted blue or a color other than white.
Get back with me. First prove the car should not have been towed, then go after the towing company.
Hope This is Helpful,
Lisa
---------- FOLLOW-UP ----------
QUESTION: Hi Lisa,
Thank you for getting back to me!
I would like to first start out by saying that I was not cited for illegal parking. After speaking to our local Sheriff's department, they stated that since I was towed from inside an apartment building's boundaries, they had no jurisdiction and could therefore not cite or authorize the towing of any vehicles unless specifically requested by management. Unfortunately for me, this also means that the towing was not authorized by the towing company but rather the apartment complex' management at the request of the disabled tenant. I requested and received a copy of the towing authorization form from the towing company verifying that management had requested the tow.
To address your second question, there's only the one handicapped spot in front of the car. Although it's difficult to see, there is a faint blue line abutting the white one, a taped on handicapped sign on the wall, and a painted handicapped sign under the vehicle parked in the handicapped spot. As for the way the vehicles are parked, since we're inside private property most tenants park as they please without being towed, whether they're abiding by driving laws or not. Unfortunately, this means, unless there is a complaint as was the case for me (someone having a bad day?), everything goes.
After checking www.municode.com I found the following on parking in private off-street parking facilities: No such resolution shall apply to any off-street parking facility therein unless the owner or operator of the facility has caused to be posted in a conspicuous place at each entrance to such off-street parking facility a notice, not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, to the effect that such off-street parking facility is subject to public traffic regulations and control and unless the operator or owner determines the location of each parking space or stall to be devoted to the exclusive use of handicapped persons and designates each such parking space or stall with a sign as provided in Vehicle Code § 22507.8. I don't know if this applies to me, but I can tell you that the apartment complex has no such signs anywhere.
Anyway, I hope I answered all of your questions. Let me know if I haven't. Once again, I appreciate you getting back to me and look forward to your next correspondence.
Regards,
Cassandra
AnswerYou have answered all your own questions!! Just under the handicap laws, a sign taped up (with cheap tape at that!) is NOT a legal handicap spot. To many law enforcement agencies don't realize the Federal Rights of Disabled Citizens, over rides the private property laws. Did the apt. manager request the tow? Did they sign for it? Seems to me nothing is legal on this tow-a-way. The SO should know federal trumps local laws. At least in the rest of the USA! Do you live in this complex? Sounds like a baited trap. Who owns the truck, a member of the tow-a-way company????
Just to throw this out. We now have a law preventing complex managers from taking kick-backs from tow-a-way companies... Who actually signed for the tow? This sucks and you know it!!
Lisa
