Towing Issues: wrongful towing and damage to car, san diego county california, chalk marks

Question
San Diego County California
City  Carlsbad

Hello,
I have two issues.
1  The towing company did minor damage to my car.  The is a fresh chip in
the paint on the driver door.
I have filled out a complainit with the towing company, but have not received
any response.  It has been 2 weeks.
I spoke with the driver who picked up my car, and he has a sketch of my car,
noting the chip, but says it was there already.  I KNOW it was not.  The car is
for sale, and I had just the week before had it appraised,  there were NO chips
in the paint anywhere on the car.
I am guessing I must persue the towing company for the damage.
Please advise

The 2nd item
The towing itself.

I volunteer one day a week at a local shopping center that has a 3 hour
parking. ( it is posted properly)
I generaly set my alarm so I never go past the 3 hours.
I then, do an errand, and park again in the same shopping center for a couple
more hours.
Recently, my car was towed less two hours parked in the center.  It was the
2nd parking space for the day.  
We have a computer alarm reminding all volunteers to move their cars to
avoid being towed.

When I read CA state vehicle code 22658  I am a bit confused.

It states that a vehicle cannot be towed until it has been improperly parked
for at least one hour....
Does this mean in a 3 hour parking spot, that they cannot tow until the 4th
hour?

My feeling is, that if we go to the trouble of leaving and returning, the meter
should start again.

When I asked the security officer the day I was towed, I explained that I had
left and reparked.  He said I shouldnt have been towed.  We surmised that my
tires had been chalked twice in the am, and then when I returned to the lot,
even though I was on a different side of the bldg, the tires must have stopped
in such a way as to make the attendent believe it had been there for 2 hours
already, having two chalk marks on the tires.  Then, at the one hour mark in
the NEW parking place, a THIRD chalk mark must have been added, and the
vehicle wrongly towed.
The security office then called the towing company to have them make a note
that I was wrongfully towed and would be re-imbursed.
The next monday, when I attempted to get re-imbursed, the Property
manager said she was the only one who could authorize such a thing, and she
had not and would not.
The security company  manager denies giving authorization, and said IF the
security officer on duty that day DID call to authorize it, he shouldnt have as
he had no authority.
I do have the name of the officer written on the invoice the Towing company
gave me.

Any advice you can give will be appreciated.
I would like to be re-imbursed for the towing expense
and
I would like the chip in my paint repaired, as I have the car for sale, and do
not want to have to have imperfect paint.

thank you
Monica


Answer
Ok, I will try to answer this best as I can... First of all the damage issue..   No towing equipment around will get any where near the drivers door or any other door (other then right down at the bottom of the door if a small compact car) as the tow truck systems lift and tow via the wheels.

Now not to say that a rock did not get thrown up while driving down the road while being towed or you driving down the road could not of happened at all.. But those kind of issues are not ones which anyone can really be blamed.  You ever seen those signs on the back of dump trucks that say things like "not responsible for rock damages" or "stay back 100 or 200 feet"

Roadways are full of rocks and other things which can damage vehicles while being driven (or towed) and no one would know it happened.

Plus you mentioned you parked in a parking lot, that opens up the chances of other car doors hitting yours, or even people with bags and purses hitting your door as they walk by. Heck I have a key ring I keep on my belt with about 20 keys for work and stuff that I have to watch when around vehicles.  You get the idea here that a lot of other things could of happened...  Most tow companies do the damage reports and mark pre existing damage before they even tow the vehicle..
You mentioned being in California, I do believe the new law changes require pictures taken of the vehicle in the offending parking space, are there any of your vehicle. Do they show that area of the car..


Ok on to part 2, the vehicle being towed for over the 3 hour rule, while I agree that your take is one that should stand up, it also shows the problems with timed lots..
It's hard to say if they moved or not at times, yes the law of chance would be great to park in a way that the marks looked like they have not been moved. But it does happen..

I really hated towing from lots that had time restrictions, for just that reason.

Now the one hour law, well it had been parked as near as they could tell 2 hours already and at the 3rd hour it is fair game... The one hour law has provisions in it for issues such as this.

Now the authorization, that issue is one where it gets a bit confusing..  He says, they say issues aside, the vehicle was towed, and it sounds like it was legal to start, but in any situation there are always issues or problems.

You have come upon the issue of the rules being followed the best as they can be, and you want someone to take responsibility for the fees.. Yes it's a reasonable request to make and you do know that people do make mistakes... Some of this sounds as if security is trying to Cover their ass, and some of it sounds like they made a mistake. I can not provide an answer on if it was legal or not. Heck I think a court would have a hard time doing it also.
But that is what is great about the small claims court... People always have the rights to go there and see if they can convince the judge that they were wronged.

The sounds of this though (2 weeks and no answer) seems to me that the tow company is going to stand by the "we did not cause the paint chip" issue and the security is going to say " it was illegally parked"  
Now you can keep trying but it might be like beating your head against the wall soon.  Court? well that is up to you.

What is the cost to repair the rock chip,  a hundred dollars? or does the whole car have to be repainted so its not "imperfect paint"   The approach you use or what you expect also does have some bearing on the outcome.  

I hope you have tried to talk to the tow company again and see what they say, and security, well that you have to deal with as it goes because it seems like they are having problems...

Good luck and hope things work out for you