QuestionHello,
thanks for response. I called the towing company and asked who signed it off, because someone informed me they needed that. The towing company said "We dont need anybody to sign anything off"
I called the Homeowners association and they said it was the Homeowner's fault(who I visited)and that she should of told me the rules and that responsibilty falls on her.How would i prove they didnt sign the car to be towed? We couldnt even get a hold of anybody in charge in the homeowners assocation that night and didnt speak with anyone until Monday. So I dont see how the towing company could get authorization. And they even told me they didnt need it. What they did say and the Homeowners assocation said also was they have a written contract of rules between eachother. Would you suggest to go to small claims court, because they wont work with me? I guess what im asking is do you think i have a case?? A case against the towing company or the homeowners assocation? Thanks
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Followup To
Question -
I live in Brentwood, CA 94513 and saturday night I was parked in a private gated community at a friend's house. I was a guest of hers, but when you go through the gate they are open and the only sign posted is a private property with no tresspassers and all violators will be towed sign. After that there is no street signs or anything posted about the rules of parking in there. The owner of the house has a paper with the parking rules but she did not inform me. My car was towed, and I didn't know why because I didn't know the rules, but after 11 you can be towed without a parking permit, which she only has one and it was being used. No one came to our door and told us the car was towed or not suppose to be there. My question is, isn't the property managers suppose to sign off on the car being towed, and isn't it their responsibility to inform people of the rules they're going to inforce by towing people's cars?
Answer -
Jessica,
You are correct. Either the property owner, or his agent, must be present to sign the authorization to have a vehicle towed. Furthermore, the vehicle must be parked there for a minimum of one hour before the tow can take place. Someone from the homeowners' association should have signed the authorization. I can't believe they towed you when you were in a private, gated community...especially as a guest of one of the homeowners! Sounds like someone's up to something, to me. Let me know if I can further assist you in any way.
AnswerJessica,
If someone at the homeowners' association told you it was the responsibility of the person you were visiting to notify you of the rules, then that would mean the person you were visiting would have been the one required to sign the authorization to have your vehicle towed. They're not making any sense and are trying to pass their responsibility on to the homeowner. A written contract between the association and the towing company DOES NOT satisfy the legal requirement that a property owner, or his agent, must be present to sign the authorization to have a vehicle towed. They BOTH should know the law regarding blanket authorizations, written contracts, etc. They are responsible to adhere to the laws pertaining to every vehicle towed requiring its own written authorization. Period. Turn these people in to your local D.M.V. Investigations unit. They are located at select D.M.V. offices throughout California. There's got to be one on the west side or in Santa Monica or somewhere close to you. You can also go online and file a criminal complaint with the California Attorney General's consumer fraud division. Turn them in to your police/sheriff's department. Contact your local news media. I remember one local television station (which one, I'm not sure) doing a story on predatory tow truck companies. Perhaps others have complained about the same company committing similar crimes. You can always file a claim in small claims court, however, you should turn them in to law enforcement as well. Good luck.
