Towing Issues: Towing in San Diego, 1230am, winshield


Question
Recently my car was towed from a permit spot at my apt complex.  Now when I parked my permit was adhered to my car window like it had been for nearly 2yrs.  The front office admits they had it towed because between 9pm and 1230am the day prior my permit 'magically' vanished. Now my car had been broken into prior to moving to San Diego. The complex tried to get the company to release my car because they know I wouldnt park without my permit...they called around 1pm PST... and after calls from them and me the 'boss' of the company didnt callback till 430pm .. and said they had pictures I had no permit so they towed and I had to pay the fee.  They said "your window was broke you should have fixed it not our fault". I explained because their boss took over 3.5hrs to get back to me I cant get this all done before their 5pm deadline.  I asked them to please wave the 'next day late fee' because their boss did not respond in a prompt and proper manner.  I was told I was SOL.... not their problem.

Now their sight says they pride themselves on helpful service and being fair while not losing sight of the... bleh bleh bleh.

I go to their yard the next day with help of a former co worker.  They tell me "We'll be right with you" then vanish making me wait almost 50 minutes before working with me all the time getting closer to 5pm and a new charge.  When I get my car you can see clearly where my permit WAS and WHERE it was ripped off.  Then ontop of that one of them took a razor and lazily swiped it a few times over this odd white writing they put all over the passenger side of my front winshield and said "ok thats good enough" when nothing had been removed.  Ontop of that the window is now littered with razor cuts.
Funny enough with their forms of "what damage is where" they neglected to mark the passenger window missing.

This company is just bad.. their sight lies about them and they vandalise my car ontop of it...

Do I have any chance of taking this to small claims ... do I have a leg to stand on.. please help

Answer
WOW  2 different people asking the same question and same problem 12 minutes apart...  I kind of feel this is trying to rush me for answers... Remember its a volunteer board and I do answer questions when I get the chance...


BUT HERE IS A COPY OF THE ANSWER TO THIS QUESTION THAT DALE ASKED

***************************************************
well, I am not sure what to really say about this...

Let's look at a few things, first of all a broken window should not be a reason for a tow. Hard to say if the permit was "STOLEN" by someone who needed one and took advantage of the easy access to the vehicle...   

The apartment complex having it towed is strange if they knew it was your vehicle, but stranger things happen..  It also sounds like it might of been a patrol lot, where the tow company cruises the lot looking for violations...

Now as to the delay in the manager/boss calling you back, I have to defend the tow company a bit here, as most are not super large companies and the owner / manager / boss does tend to work in lots of companies just like the other drivers...  I know my bosses do drive and as such are at times away from phones and such... Yes there are cell phones, but remember that the records, pictures, and information are at the office...

Sorry about the website saying they pride themselves in things, but as in anything else, there are always problems and complaints.. Fact of life cause if there were no parking problems and wrecks and breakdowns we would not need tow trucks, but also remember then we would all still be in Model A's and T's as they would never of upgraded vehicles.


Ok on to the next day and your visit to the office, I find it hard (but not real unbelievable) that they left you alone waiting for 50 minutes.  Not to say it could not happen, but strange...  Was it a delaying tactic, I doubt it unless this tow company is really a rotten one... If they were then it would have lots of complaints and the city would be trying to close them down.

The markings on the window, they are there for inventory control and to make sure that the right vehicle is being released... Its usually a paint type marker and yes some times they have to be scraped off..  But ammonia also works real good at getting it off, at least that is what we used...  But each place does things different..

As to missing the damage on the form, that can be something that's bad for the tow company, but the new California law on impounds I believe says they have to have pictures of the vehicle in violation and to also show pre existing damages.

Again  the opinion you have of the tow company, I can not change, after all your exposure to them are when your car got towed away.... If that would of not happened, would you of called them for a tow when you were broke down.. This is something that people do not consider.. Any tow for illegal parking is a bad experience and as such, it taints your outlook on the company... I do not know who towed it, but they could also be the largest AAA service provider or they could be just an impound company... I hope you get what I am trying to say here..


You can always go the small claims court route, I can not say you can not do that, or say you will win either.. Courts are based on facts and as such there is a lot more than I know, and only you can say if you feel its worth going to court with this...

Think about this hard and take a good look at all the facts, and you should be to decide if the court is a good idea..