Questionthank you tremendously, tennisman,
let me give you the details of what had happenned.
i had parked in a small lot adjacent to a small shopping center in glendale,
next to the community college (a coffeeshop, quizno's, and three more small
stores). this is NOT city-owned, but a privately owned property, where most
college kids go during breaks. habitually many of them leave their cars in the
small lot and go back to school. THIS is what might have prompted the
property manager to post three signs saying the same thing "do not park
your car and leave". there are no further restrictions (except on two of the
parking spots where vastly faded it says on the asphalt "20 minute limit". i
had NOT parked in either of those spots.
while i was present on the property for admittedly few hours (again - no time
restriction posted anywhere in the lot!), they had towed my car. the person
authorizing the tow is a guy with no office/phone number who walks around
the small lot (12-15 spots). i spoke with the property manager, immediately
after realizing my car is missing asking whether he authorized the tow. he
said no. i asked if the guy who walks the lot works for him (i knew about the
guy from the coffeeshop employees). he said no. eventually he asked me to
not bother him, as he had not authorized anyone's tow and hung up the
phone on me.
my car has been towed at 2:30 pm.
i realized it was missing at 4:30 pm. between 4:30 and 6:00 i were not able
to locate the guy who walks the lot. at that point my ride came to take me to
the towers, so i can at least take my car and avoid further payments (the 24-
hour deal, gate fees, overnight fees, etc...you know the menu).
the bill was $204. (140 for tow, 30 for storage, 30 for "Gate fee". not sure
what the 4 is for)
the following day i went back there looking for andré, the guy who walks the
lot and calls the towiing people. after spending another 1.5 hours (it's an
extremely small place...there's no place to hide, if you're there!) i finally met
andre, who admitted he authorized the tow, but went all the way to DENY
relationship with the owner of the property.
apparently, they tow many cars daily and the property manager doesn't want
to deal with people. many of these instances, i assume the towing is rightfully
done, as students park there and leave to go to school (violating the sign
restriction on a private property, basically).
andré claims two justifications of his actions. he was going between the claim
that he collected signatures from store managers, and the claim that he had
personally asked every single person on the property.
few times.
this is not the first time i go there and study with my laptop in the
coffeeshop. and definitely not the longest i've stayed.
a week before this accident, he admitted he had attempted to tow my very
car, but the towers were busy. i asked him if he had asked every single
person first, or at least store managers to make an announsement. he said
yes, with hesitation.
that previous day i was on the property for good 6 hours. i didn't even go to
the restroom, so if anyone had made an announcement - i would've definitely
heard it. especially if he claims to be doing this questioning numerous times.
there are two claims i have - why was my car picked up in the first place. and
was andre really at the property (he might've been...) during the towing, since
he was not at his workplace for 1.5 hours in two separate isntances in the
middle of his work days. (i don't know if this matters to my case, had he
actually been there during towing).
the people at the towing place were on the contrary extremely polite (or much
more so then other experiences i have had) and let me know they were
authorized by "andre". they did not mention a business or a company that
authorizes them. one of the women at "sunset tow" admitted that andre
works for the property manager, but told me she could not reveal any
information on behalf of the property manager/owner as it is confidential.
andre is property owner's legal agent, she said. and only he could authorize
towing, legally. they seem to be law-savvy and act carefully, but this is just
my impression of someone with little experience in the industry.
my personal conviction is that the towers were indeed doing their job, as they
had been authorized by property owner's agent, andre.
it is andre whose actions i question.
another piece of info: nowhere on the receipt is there a name/company
name/phone/address or any info to link me with the person/company that
authorized the tow. there is no reason for the tow either. (which if it had been
legal, must be either leaving the property with the car parked there, or
blocking a fire entrance/lane etc. - none of this was the case).
no vin number, no notice that i can complain about the incident.
basically i was met at the gate of the towing storage. asked for driver's
license and $204 THROUGH THE BARS. once they cleared the payment they
gave me the receipt i mentioned and brought my car.
another detail - i only have until the end of the year to deal with this, as i'm
leaving california for at least 6 months, possibly longer.
what's your much appreciated advise?
thank you, tennisman!!!
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The text above is a follow-up to ...
-----Question-----
dear tennisman,
first of all, let me thank you for your extensive and punctual research/
explanation on the subject of unlawful towing in ca.
i read your entire blog.
i was a victim of one such act in november'06 and my question for you is:
if i happen to pursue a case against the property manager (whom i suspect of
careless towing authorization, rather than the actual towers) AFTER january 1,
2007 when the new law would be enforced, would my case fall under pre 1/
1/07 code provisions (as per the day the towing occured - 11/29/06), or
would it abide by the new law (which would be in force at the day such case
would be reviewed) ???
another question:
would documentary negligence suffice to win a case? (such as missing towing
authorizer's name/company/phone/address and such. mind you, after i
phoned the towing company, they did provide me with the authorizer's FIRST
name - a guy paid to walk the lot and call the towers on customers - while
they admitted they were not able to disclose information on contract
provisions with the actual property manager, or any of the latter's personal/
business information)
thank you for your time and expertise!
-----Answer-----
Thanks for reading my Blog. You are probably the only person who read it
besides me. The Rules and Regulations (Law) in effect at the time of the tow
will control. Only Tows taking place after January 1, 2007 will be governed by
the new laws.
The person in Charge of the Property such as the owner or Property manager
must make the call. You are entitled to know who authorized the tow and if
they were present at the time. Don't listen to or believe the towing company.
Go to the property manager or owner and politely ask if they have a guy who
walks the property every day and calls the towing company to tow vehicles.
That is what I did. I went into the bank, sat down at the managers desk and
started asking a lot of questions about who calls the towing company etc. She
said something like "Oh we don't call. We just gave them a letter about a year
ago to check our lot periodically". Then I asked if a bank employee was ever
present when the cars are towed at night or on the weekends and again she
said something like "What, are you nuts - us come down here at night or on
the weekend - you gotta be kidding".
Naturally I did not tell her "you towed my car and I want some answers right
now". I just played it cool and threw out my line with the bait on it and
hooked her. Of course my wife was there with me as a witness.
Once I was armed with this info I made a trip down to the Storage Yard, told
them they had exactly 5 minutes to refund my money in full or I was going to
file suit against them in small claims court. The dispatcher on duty made a
quick phone call then immediately refunded all my money to my credit card.
If I was not leaving for Los Angeles in the next week or so I would have sued
the Bank and the towing Company.
In your case if there were no signs, or no signs that followed the rules, no
property owner or manager present during the tow, etc. you have a case. Why
was your car towed in the first place? Was it parked over the limit? Was it
blocking a fire lane? What time was it towed? In my case my car was towed at
10 or 11 pm on Saturday night AND I Knew From This that the Bank Manager
was probably home in Bed! If you like my answers there is a place to leave
feedback on this site. Sort of grading my performance. Thanks.
AnswerAnri, first I must say you admit that you knew it was wrong to leave your car for an extended period yet you did so on a number of occasions. The stores in the shopping center need every space for their customers otherwise they could not stay in business.
Now aside from this,from what you told me they did not have the proper signs, The first thing to look for is a sign authorizing the lawful towing of your car as provided in Article 22658 (a)(1): (Paraphrasing) If the vehicle is in running condition and has not been ticketed for a parking violation, it is unlawful to tow the vehicle unless there is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency.
Without those signs any towing of your vehicle is unlawful. Your case is against the property owner.
The Motor Vehicle Code Article 22658 Section (e) provides for (paraphrasing) double the Storage or Towing Charges for failure to have the correct sign on their property or the failure to state the grounds for removal when requested by the owner of the vehicle.
So,send the property owner a registered or certified letter stating that he did not have the proper signs on the lot when your vehicle was towed. Tell him you will be a nice guy and just accept from him what you paid in storage and towing fees. Tell him if he does not agree and pay you within 10 days you will take him to small claims court and ask for double the fees as stated in the Motor Vehicle Code.
Better get your camera and take about 10 to 20 photos of the entire lot including the current signs and one with your car or another car parked where your car was parked when it was towed. You want the photos to prove to the judge that the proper signs were not there on the day you were towed.
Since you are leaving and coming back, don't worry. You can file in small claims court now and ask to set your case for hearing when you come back or file it anytime within one year of the time your car was towed.
Don't forget you can leave feedback on this site. Good Luck.
