Towing Issues: Drop fees, dmv ca, gov pubs

Question
I live in San diego, ca and my sister came down from santa monica to visit me.  I live in a gated community where there are about 5 vacant condos which means there are extra spaces for people to park.  I thought a particular spot belonged to a vacant condo and told her to park there.  I was wrong and while we were in my room resting my nieghbor cam home and found my sisters car parked in his spot.  According to him, he proceeded to notify the entire complex by honking his horn.  Since no one responded he called the number on the signs that are posted in the carports regarding towing and what not.  I can only assume that I had awoken shortly after my nieghbors call and heard a beeping noise and loud engine.  Something told me to look outside and sure enough the tow truck was about to lift my sisters car.  I ran outside with her keys and before the tow truck guy raised my car I told him to stop and that I would move the car...without caring he then raised my sisters car and then proceeded to tell me that I would have to pay a drop fee.  My sisters car was still in the spot and I told him I couldn't afford to pay and he acted as if there was nothing he could do.  Long story short - we paid the money ($75) and he left.  Is there anything I can do to get my money back?  I was never notifed or ticketed and I wasn't parked there for more than an hour when my neighbor found my sis' car in his spot...I hope there is something good that will come of this.

Answer
http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

That section of California law is just a great point to start with.

But from what you described it does sound legal and all that...
In a nut shell the tow company responded, did get to the vehicle and did hook it up.. Now that being said, the tow company does have the rights and legal standings to collect a drop fee when the vehicle is in the air and ready to go down the road...

If this is the case and they did not have it up in the air when you were there then it might be a bit gray area here..

But some tow trucks which are used can hook up and lift the vehicle without the driver even getting out of the tow truck (I used to run one which could load and lift the vehicle in the time it took the automatic transmission to shift from Reverse to Drive)

And I do believe that the time it took you to see the vehicle, get the keys and out the door were enough time to have a driver hook up the vehicle and be ready to tow it..


As to the driver not being able to do anything, well the laws also restrict what the driver can and can not do legally....

Check out the above law and you can also take and cruise though the DMV web site dealing with parking laws (get a few cups of what ever you want to drink) as there are lots of laws which apply.