Towing Issues: I was Towed at my HOA for NO GOOD REASON, dana point california, tow truck driver

Question
My car was towed at my HOA in Dana Point after a I parked in a designated Visitors location after my garage door came off the track and could not be opened or closed until repaired.

I am really pissed and am planning to take legal action.  If the HOA, Predatory/Patrol Towing ans Security company wants me to uphold the exact letter of the law; then they must uphold the exact letter of the law as well.

Nothing makes a person more angry more than being violated by a predatory security and towing company that work colusively and with disregard for common sense.  The took advantage of me at my own residence, without fair warning and it is time for them to pay the price.  

I might not be so passionate about revenge (legally, of course) should this incident have occurred in a public parking situation, because mistakes can happen.  But not at my own house.  It should also be noted that my parking in this spot did not create any hardship to my neighbors, our guest spots are never filled up, unless it is a major holiday.

Note:  It is the actual patrol drivers that are getting the kickbacks from the towing companies, not necessarily the tow companies themselves.  The "Kickbacks" are usually in the form of Perks and occasionally cash.  Example:  If a Tow Truck driver, working the night shift for instance, is paid on a Per Vehicle Tower (Piece Rate) basis and is not paid by the hour.  A Driver that is making $ 500 - $ 1000 per night can afford to kick back the patrolman a couple hundred bucks.  (This practice is also good for future business relations at other HOA's between the two parties)  Most Tow Companies have knowledge of these type of arraingements but don't endorse them.

Good Luck!!! and I hope that we can Stop Predatory Towing Practices.

Answer
Well Jason, I really do not know how to answer this question..
First of all I think you are talking about DANA POINT CALIFORNIA...

California has hundreds of laws regarding towing of vehicles, authorization of paperwork to tow vehicles, sign requirements, procedures, rate governing, and even laws regarding kickbacks...

The link to the California DMV web site has many sections which might apply to your case, BUT since you are dealing with a HOA you will find that there are even more specific rules and regulations involved...  VC 22658 is real interesting reading, but there are others that apply also... Take time and do some research as that is what you will need to take to court...


As to taking legal action, I support your "right" to do such, and I wish you good luck... Remember "sue all parties which had the authority to have the vehicle removed". The tow company generally has no "authority to order it removed" with few exceptions, which are spelled out in the laws.

Now I have to say that if the tow truck driver is making 500 to 1000 a night, I am going to move to California and drive tow truck.. But I think you are basing that statement on how much it costs to get the vehicle back and how many vehicles towed per night per driver... 99% of all drivers are paid on a percentage of the tow bill..

Kick backs, well that happens at times and while the state tries to outlaw them it will still happen. Nothing can be done about greed..


Good luck on the fight and I hope you prevail...

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


and the whole vehicle code section to search though is below

http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm