Towing Issues: Car towed from my own spot in apartment complex that was reported by someone NOT from our aparment, rivercrest village apartments, apartment number


Question
I am a college student living in an apartment complex very close to campus, right before I left for winter break I parked a truck I wasn't able to take home with me in my apartment's covered spot that is assigned to us, and my two roommates were ok with it. I was gone for about 6 weeks and for most of that time our apartment was empty since we all were at home visiting our families.

The complex has a policy that if someone is parked in your spot, you can call the lease office and have them tag it and if it's there 3 days later with the tag still it will be towed. And their only form of verification is by asking "Which apartment are you in?" However, every covered spot has a number that is the apartment number +165 so theoretically anyone could call and claim it is their spot and tell them the correct apartment number and have that car towed.

Well that is exactly what happened to us. I came back from winter break to find another truck, that did not belong to ANY of the tenants of the apartment that spot was being leased to.

Someone had called and claimed to be living in our apartment and had my truck tagged and towed (since I was out of town, the tag of course was on there for 3 days)
This occurred in Sacramento, California, in Rivercrest Village Apartments.

How do I hold the complex accountable? What do I need to do?

I would like to have the complex pay the fee's to get my truck back, since it is ridiculous that anybody could have a car towed if they realize their neighbor is out of town.

I have a strong suspicion it was my ex-roommate that lives in the same complex who is an ex-rooommate because of how vindictive she was, since she would be the only person to recognize that was a truck I used and that it was my spot and I would be gone for a long period of time since my family lives 3 hours away.

This occurred in Sacramento, California, in Rivercrest Village Apartments.

How do I hold the complex accountable? What do I need to do?  

Answer
Well this one sounds as if it is a complicated legal issue here.
First of all the person who authorized the tow (signed the papers) is the one that is actually responsible for having the vehicle removed... California law has so many rules and regulations about towing that I will provide a link at the end of the answer for you to check..

They have specific rules and regulations which spell out what happens when vehicles are towed either legally or illegally.

If you are correct in that it might of been an Ex-roommate who called in and started the process then it could be a civil battle between you and them.

Is the complex responsible? that would be up to a court to answer.

But it does seem that something was done wrong, especially with someone one else parked in the space...


Check out VC   22658 specifically here.

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