QuestionI recently got back into town (San Diego) from a weekend business trip. I didn't fly, but I rented a car to get up to Reno. I rented the car from a Dollar outside of the SAN airport. I left my own car in the Dollar gated lot. When I came back to return the rental and pickup my car...well, my car was gone.
Dollar had my car towed. There were no signs that explicitly said I couldn't park there. They thought I just left my 30k dollar 2007 Maxima there for giggles? Well, they didn't have an explanation or an apology...but it gets better.
First I called the tow yard and then my friend to pick me up to get my car. The fees were around $180. So when I get to the tow yard, I see my car right out front the gate on the street. I guess they "unburied" my car because they knew I was coming (how nice) or they had overflow that night. I said the heck with paying, and got into my car and sped off.
Since I called from my cell phone they knew my number, and shortly after I received a call from the tow dispatch asking me to return and pay my bill. I, of course, told them to kick rocks. They told me they are going to press charges for theft of services and trespassing. My question is, wouldn't this now be a civil matter? The car was not in their yard, it was on the street. Therefore, how could it be trespassing? How can I steal my own car back? Also, I am contending that they or Dollar towed my car either illegally or wrongfully.
Can I be arrested?
Answerwell this is a can of worms... After all you did get the vehicle towed for parking where you should not be at the dollar rental lot...
Now as to just taking the vehicle, well it is considered theft of services and also trespassing.. But we never know what a judge will rule as to that, but consider the legal problems it could cause...
Yes it is your car, but you can "steal" your own vehicle... The act of taking it even if it was on the street (they might of been moving vehicles in the yard) while they have a valid tow authorization and lien (after it gets to the yard it has a lien).
Now I really hope that this resolves it self soon, as it could get ugly... After all consider the fact that they did have a signature to remove the vehicle and since it was towed and reported to the police it could "POSSIBLY" be towed again under the same authorization, and you would be liable for the towing and storage... Can you prove it was not towed, and that you had paid for it the first time, with a "paid receipt"
It all depends on the tow company, the local police department and you of course...
Hope this helped a bit but it is one of those answers which is hard to answer.
