Towing Issues: Illegal Towing, san isidro california, tow truck driver


Question
MY MOTHER AND I STOPPED AT A BURGER KING IN SAN ISIDRO, CALIFORNIA TO EAT. APROX. THIRTY TO FORTY MINUTES
WHEN WE WALKED OUT OUR CAR WAS MISSING AND WERE TOLD THAT IT HAD JUST BEEN TOWED. WE WENT BACK INTO THE BURGER KING TO ASK THE MANAGER SHE GAVE US THE NUMBER TO THE TOWING COMPANY. THE DISPATCHER CALLED THE TOW TRUCK DRIVER AND HE RETURNED WITH THE CAR. THE MANAGER TOLD HIM THAT WE WERE CUSTOMERS AND HE WAS GOING TO GIVE US OUR CAR BACK. HE THEN WENT INSIDE AGAIN AND CAME BACK OUT SAYING THAT WE HAD TO PAY HIM $250.00 DOLLARS TO GET OUR CAR BACK. OF COURSE WE WERE VERY UPSET BECAUSE HE HAD NO BUSINESS TAKING THE CAR IN THE FIRST PLACE. HE DROVE OFF WITH THE CAR AND SAID WE WOULD HAVE TO TAKE IT UP WITH THE BURGER KING. I AM OUT $250 DOLLARS FOR STOPPING TO EAT A BURGER THERE. WE ASKED THE DRIVER WHY HE TOOK THE CAR AND HE FIRST SAID THAT THE MANAGER HAD CALLED. HE THEN SAID THAT THE CAR HAD BEEN THERE ALL AFTERNOON (WHICH WAS NOT TRUE), THEN HE SAID HE TOOK IT BECAUSE HE FELT LIKE IT.I GOT THE BURGER KING MANAGERS NAME AND REQUESTED A COPY OF THEIR SURVEILLANCE VIDEO SINCE THEY HAVE CAMERAS. SHE SAID WE WOULD HAVE TO SPEAK TO THE STORE MANAGER WHO WOULD NOT BE THERE UNTIL 12:00 MIDNIGHT.I PAID THE $250 TO GET MY CAR BACK BUT WOULD LIKE TO KNOW WHAT I CAN DO TO GET MY MONEY BACK SINCE IT WAS TOWED ILLEGALLY. I'M GUESSING I COULD TAKE THEM TO SMALL CLAIMS BUT WOULD LIKE YOUR EXPERT ADVICE ON WHAT I SHOULD DO. I LIVE IN LOS ANGELES, THIS HAPPENED IN SAN ISIDRO. WOULD I BE ABLE TO INCLUDE THE COST OF HAVING TO DRIVE BACK TO SAN DIEGO SOME PEOPLE TELL ME I SHOULD SUE BURGER KING AS WELL. PLEASE HELP

Answer
First of all, ALL CAPITOL LETTERS is YELLING, and it makes it hard to read... I know you are mad, but calm down.

Ok, if the information is correct, then it sounds like Burger King has a parking problem and I am not sure if the tow company is contracted to patrol the lot or not...

If they patrol the lot then I see lots of problems with towing customers not parking violators...Now if the Burger King management are calling for tows, then they are not trying to prevent problems by checking to see if the vehicle is a customer or not..

Now the fact that you paid the bill is not bad, at least it is not getting higher each day with storage charges, but at times that does help get things done also...

I would go after the Burger King store to repay you, if not then do some research and find out who actually owns the franchise... They might be more receptive to helping you on a Corporate level than a store level.

Yes  I know that it does take time to get things handled and I would keep on it and keep very good notes of who you talk to what they say and any action taken...

Of course, Small Claims Court is always an option and it might allow you to collect extra fees for travel time and stuff since you do have to travel for the court... But you also have a cap on what you can ask for "damage wise"

Hope this helps but I do believe that you can settle it locally before you get to the court time...