Towing Issues: Daily fees while lot is closed?, overtime expenses, san diego california

Question
QUESTION: Hi Richard,
I am in San Diego, California.  My fiance's car was towed by a private company which only maintains 8-5pm, M-F business hours. Once we realized it had been towed and contacted the party who had requested the tow to find out where the car was, it was about 5:15pm on a Friday. I called the tow company and someone picked up in their office, but told me that business was closed and I could call back after 8am on Monday.  I asked if we would be charged for the two weekend days, and he said yes.  Is that illegal, or just unethical?  The SD Police said that was "common" practice and the tow company could maintain whatever business hours they wanted.  How can they charge us for the days that business is closed?  Any insight would be much appreciated.
Thanks,
Lori

ANSWER: Lori, I want to say a few things here about general business practices of towing services and I hope you do not take it wrong...

Yes tow companies have "office hours" even though they are a 24 hour a day operation...  Look at the fire department, the main offices are not open 24 hours a day, Banks have ATM's instead of being open 24 hours...

Now when a tow company says they are closed, that does not mean you can not get your car back or towing service... That means that they might have an additional fee "gate fee or after hours release fee" which is charged for someone to come in and release the vehicle. That usually covers the overtime expenses of someone coming down and doing the paperwork and opening the office and gates...

Yes the daily fees (storage) run as long as the vehicle is on the property taking up space...

Now I know in some cases the fee for the after hours release is much more than it would be to wait till normal business hours, and in some cases it is not... Hard to say what each individual business charges...
Plus the fact that a tow company (even if it does police towing or private towing) is a private business and as such is able to set its own hours... Only tow companies who are under police towing contacts might have requirements to release vehicles at all hours for fees or no fees, that is usually specific to individual contracts...

I hope this helps you understand the issue a bit more, if not then ask away more..



---------- FOLLOW-UP ----------

QUESTION: Hi Richard,
I do have a couple follow-up questions: I asked specifically if there was any way I could pick up the car before 8am on Monday, and the dispatcher told me no.  Additionally, when I went to pick up the car, there were posted fees on the wall with a a $75 "late night release" fee- so I asked again why I wasn't given that option, and they told me that it all depends on if the driver is around with paperwork- if he's gone for the day, then there will be no-one available to do the paperwork since the office would be closed...?  So they didn't offer me that option at the time I called (and didn't tell me if the driver would be in any other time over the weekend).  ADDITIONALLY, I was there, bright & early at 8am on Monday to pick up the vehicle, and they charged me the full-day storage fee for Monday stating that the "day" begins at midnight.  When I objected, they told me I could leave and they would call the police if I did not do so.  So I humbly paid for my car, but am obviously very upset at feeling "taken" by bad business practices.  Do you think I have enough to take them to small claims?  I would also likely pursue the people that had the car towed- my fiance was being arrested, and it's my understanding that depending on the situation, they can call someone to pick up the car rather than having it towed (and charging an additional fine of their own of $150 to have it towed).  The circumstances were that my fiance was pulled over and arrested on a university campus (for "probable cause"), brought into the campus police station (plenty of time to call a family member to come pick up the car), then taken in to the county jail to be booked after he refused to sign papers and asked to speak to his lawyer.  Any further advice?
Thanks,
Lori

Answer
Well as much as I hate to say it, this one is more complicated than most other questions..

The "late night release fee" issue does make me wonder about this whole thing.. Something does not feel right to me (personal thought here)

California laws are very specific regarding towing issues when either ordered by law enforcement or private property owners- managers...  

Cruise around on this link and see what you can find specific to your issue

http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c10a1.htm

Second issue would be to consult with an lawyer on this issue even if you were going to go to small claims court. They would be able to provide you a bit more "LEGAL GUIDANCE " than I can..

It does sound fishy to me.

As to calling for someone to come pick up the vehicle, that is really a hit or miss deal depending on the officer or department policies..