Towing Issues: Is this illegal towing?, gov pubs, belmont ca

Question
Hi Richard,

My car got towed from my residence parking on 6/27.  I am looking into VC section 22658: http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm
I found couple of things that the code required on the authorization form was missing:  1.  operator's signature. 2. Authorized signature.  2. time observed,  4. time authorized.  5. the time on the top row was wrong, should be 1 hour earlier.  6.  the year of the car is wrong, should be 04 instead of 03.
according to code vc22658, (B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.

so, i would like to ask you if it's illegal towing that if i have a case?  What should i do next?  sue the towing company on the small claim court to get my money back? and what's the chance that i will win? I am in San Mateo, CA.  The towing company is at Belmont, CA.

thanks so much, expert!

Lei


Answer
well it seems that this does seem a bit funny but then again with the slip you attached (that is the tow receipt) which had the charges listed on it.

Now you are correct in the fact that you are supposed to be getting the above information when you ask for it, and I think that most people do not ask for it so that might be a problem... Yes tow companies are supposed to know the laws and while I do tend to see both sides of this, it is hard for tow companies to keep up with all the laws and the changes which happen. Yes state law is just one of the laws which apply, and their are local laws at times.  Add in the credit card privacy and personal privacy laws and such and it gets real interesting in record keeping and disclose.

As to going to small claims court, well you can do that and the chances of winning are honestly 50 - 50.

I would suggest that you take and get all your paperwork and documentation together.  Get pictures and information of the parking area, and signs...

If you have a friend who is not involved that can look at it, and see what they think, as that might give you an idea of what you might have luck wise.