Towing Issues: 1 foot from my garage, then towed!!!, tow truck driver, fire lane


Question
Hi Richard,

I live in So. California at a town home community where there is a home owners association at large.  Before one would drive through the entrance of the complex, they would see a sign posted stating that parking in front of a garage, whether or not it was yours, was prohibited due to it being a fire lane.  Well, in my community, there is ally ways where all resident's garage's are, one after another.  On April 13th, I got home at around 11:15 PM from work and parked in front of my garage, which was left open, to change my clothes and brush my teeth before going out for the night.  When I came back down stairs and opened my door that leads to the garage at around 11:45, I noticed my car was no longer there.  I called around and found out my car was towed at 11:38, and it was going to cost 181.00 to get it back.  So I paid that night and picked it up at 2:30 AM.  
   I am almost positive the tow truck driver was patrol towing because I have seen others in my complex on other nights.
    Is there any possible way you think I can fight it and win?  The money plays a part, yet, it's more of the principle of having MY car towed 1 foot from MY own garage, that happened to be open, just after 30 minutes because someone needed to make a buck?
    I would highly appreciate it if you were to answer my question.

THANK YOU,
Ryan Malm  

Answer
Ryan,  while I understand your concern of having YOUR car TOWED from in front of YOUR GARAGE, unfortunately since there are rules and regulations in your lease and you are also reminded about them when you DRIVE INTO the property, I hate to say it but you broke the rules and as a result have to suffer the penalty.

As to the patrolling of the lot, well that is something that happens a lot...  Even though it may seem a bit heavy handed to have a tow truck cruise the parking lots, it is a practical answer to how to solve the problem...

If an manager or property owner had to do that job all the time then it would create a lot more problems as they do need to sleep and do other things at times. So that is the reason for the cruising of the lot...

Money issues or not, (yes some tow truck drivers get paid for jobs they do, not an hourly wage or salary) the point is regulation enforcement.. Making the buck is something that most all of us have to do to live... Yes it seems a bit heavy handed when your car is towed, but remember they are doing the job they are contracted to do by the home owners association.. (Side note here, most all home owner associations are the worst for having rules and regulations which are more strict than apartments or other places to live in)

Another issue I want to address is that you stated it was designated a fire lane. That means that the fire department has deemed it to narrow to drive a fire truck though safely to do its job... I know in many areas that if you are caught parking in a fire lane and the police catch you, you will get a ticket and also towed which is a double hit in the pocket book.


Well if you want to fight it, you are more than welcome to do that... Most all tow companies now take pictures of the vehicle parked in the offending space or position... Its kind of hard to beat in small claims court when you are faced with the proof the the violation... Good luck in court if you decide to go that route.  

But I would chalk this up as one of life's little lessons and remember to park correctly from now on...