QuestionI live in Irvine, CA 92612, where just Sunday night my car got towed (I live in an area controlled by a homeowner's association with Patrol One as their enforcer) No warning slip, no knock on the door, nothing. I was parked where all the other cars are parked, there are no marked stalls, and I was not blocking any entrance or exit or fire hydrant. I was wondering if it was possible to sue and who to sue for this? I've been reading up on the CA DMV code and it looks like they violated some of the laws.
First, (Section 22658 (a)(1)) "There is displayed in plain view...containing the telephone number of local traffic enforcement agency and the name and telephone number of each towing company that is a party..."
- There is a sign thats 18 by 24 inches with some of the information, but the sign does not have the telephone of the Irvine PD or towing company. It only has the number for Patrol One which is not the company that towed my car. Wouldn't this be illegal?
Second, (Section 22658 (2)(2) "The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice"
- I got back to Irvine on Sunday night at like 10pm and my car was gone by 9am (probably towed sometime at like 2 or 3 like usual). I did not have 96 to respond added to the fact that there was no notice at all. Isn't this also a failure to comply with the law?
Third, (Section 22658 (f)?) "association of a common interest development, causing the removal of a vehicle parked on that property shall notify by telephone..."
- As of yet I still have not received a telephone call from them saying my car's been towed (my car is listed on their car's list as parked in the garage) In fact I had to call the police for them to tell me it was towed. What kind of service is that?
Lastly, (Section 22658 (l)(1)(a)?) "A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the...association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation..."
- How am I suppose to prove that? I'm pretty sure there was no written authorization from any association person as most of those people, and Patrol One most likely just called in for a tow truck without a written request. Is it possible to get them there too?
My guess why they towed my car so fast, since people usually just get warnings for being parked without a permit, is because my car door was very dented. The only reason I didn't have the car parked in the garage as usual was because I had a insurance person dropping by the next day to check the damages and pay for shop repairs. But this is Irvine, and I think they might have thought the car was abandoned or something because of the condition it was in and it ruined the look of the community. So in conclusion, I just wanted to know if there was any course I can take to get my money back (its like $130 for the towing fee)? I am going to go and pay to get my car back this afternoon so they don't charge me for storage fees and what not, but this incident still ruins one's day.
AnswerIt sounds as if there might be a few violations of rules, but then Home Owner Associations also have some rules which are a bit different in the California DMV web site rules on parking...
It sounds as if you did your homework, and I would say that documentation is everything in a case like this...
Someone be it Patrol one, or the HOA had to call for the tow, and the tow company has to have that authorization on file. It is the signature which you are wanting to know who actually signed the tow order.
As to the notification, telephone is not always the way it is done, there are letters, or notes placed on the vehicle (which can blow off) and as such you can pursue that a bit further if you want to.
But you can always sue in small claims court which is what you wanted to know if you could do...
