Towing Issues: Towed from private property, tow yard, police number


Question
I went to a mini-mall yesterday with my neighbor.  I have been to this mall twice before and parked in the same exact parking spot both times.  But this time the space had red paint and it said this "no parkin maill only".  I assumed it was no parking mall only so I parked there.  28 minutes later my car had been towed.  When I asked the security guard (the same one who watched us park and walk in) if he seen someone take my care he shrugged his shoulders and said I don't know.  I then inquired with 2 other vendors there if they saw anything (thinking my car was stolen).  One of the vendors (an asian woman) stated that they saw a car being towed.  I asked if it was a Burgandy car and she said yes.  I then asked the security guard if he had the number for the tow yard.  Again he gave me this strange look and shrugged his shoulders.  Now in the parking lot there was a sign (I have a picture) stating Customer parking only, no for sale vehicle and the usual spew of towing data.  Then the police number and the towing agency.  I called and they said they towed the vehicle for being in a no parking zone.  Yet there were no signs posted stating this. (I have pictures of that too).  When I called the tow company they told me that the security guard called it in and he has information on where I can get my vehicle.  I gave the phone to the security guard and then he reached in his front left pocket and then handed me the towing company's business card.  I then asked him if he had the property manager's contact information he pulled out his phone, called someone and then hung up.  I then called the police department to verify that my car had been impounded for the reason specified.  A police officer came out and viewed the parking place and stated to the security guard that they are responsible for my towing fees.  The security guard walked away and walked in the mall for a minute.  He came back out and I thought he was going to provide me information for contacting the property owner's instead he started speaking in spanish to my neighbor (friend) saying why did I call the police, how I can't force him to give me any information.  Anyways, the towing company said it would cost me $350.00 to get it out on Sunday but if I wait til Monday it would only cost me $320.00.  So, it being Monday I went and got my car out.  I then called the property management company and they told me that the tow company is responsible for my fees.  But, the property management has sent out someone?? to change the parking color and posted new signs today.  Would you consider that an act of admmition of negligance or wrong doing now that they have correctly changed the parking space to accomodate DMV's Section 22658 Removal from private property?  Who should be responsible for refunding or paying for my tow charges and loss of wages for the day?  What can I do at this point?  The manager at the property management company says she'll call me tomorrow after talking to the tow company.. any help or advise is welcomed.. Please help as I've never encountered something like this before.

Thanks,
Marylen

Answer
Well first of all, I have to say that parking "ANYWHERE THERE IS A RED CURB" is asking for trouble...

OK, it sounds like the property management company is trying to solve the issue and they are from what I see realizing that towing vehicles is much more complicated than just dialing a phone number...

Yes, California has so many laws, regulations and restrictions that its hard to keep track of what is legal or not.. Granted I am in Alabama and do not have to deal with it daily (THANK GOODNESS), I have seen stuff where the towing association has put on classes for tow companies to help understand the laws...   I can imagine the problems for the security guards and other that call...  Yes there are great penalties now for either doing an illegal tow, or calling in a tow that is not legal to tow. Big fines on either or both parties involved.   I am sure you have seen some of the penalties listed..

I would give the management company time to get this solved, and of course pay for the tow fees you had to pay first.  

It does not seem like you should have much trouble
with this, but you can always check with the DMV as they are the ones with the penalty power... AS to lost wages, I do not know about that, it might be asking for to much..

I know that this is not really much help, but best answer from me is watch were you park, and be nice when dealing with the management company.. You should come out ok on this.