Towing Issues: Towing from Apt and they damaged my car, small claims court, california dmv

Question
I live in Santa Ana CA and I was parked in a red zone.  They have construction on the street and we are no longer able to park out there so I had to park in the red zone along with 5 other cars that were in red zones.  I wake up and find my car to be towed and the others still there.  Also California law says they must have a picture of the car parked in a red zone.  Their picture is not very good it just shows the front of my car and the windshield but the curb is not visable.  When I went to go pick up my car on the rear of the bumper on the passenger side there is a mark with green paint and the bumper is scrached pretty bad.  Mark is about 5 inches long.  What can I do.  Do I take them to small claims for the tow since I believe it was illegal since they cant provide that I was for sure parked in a red zone and also make them pay for the damage to my car?

Answer
well do an search for California DMV code 22568 which covers towing laws and what is right and wrong...
Also Santa Ana might have more specific laws regarding the towing requirements for that City than the State Laws.


As to the red zones, well that does mean no parking, and the towing company could of towed you and 4 other cars and then cars parked there again... But its hard to say correctly as to what happened as I was not there (Santa Ana is a long way from Alabama)

But the pictures are required, and I know they are supposed to provide you one, but I am not sure what happens when they take the pictures and they do not turn out correctly after they towed the vehicle due to a technical issue (would be interesting to see answers from a court on that one)

Now as to the damage, well you would have to discuss it with the tow company management and see if they agree it was prior damage or damage they caused.  It will be a uphill fight as they most likely will say it is prior damage.  Keep good notes on anything you do and all that might help if you have to take them to small claims court for damages..

As to going to court, that I can not really advise you of what to do, as it is your choice to determine if it is worth it (time and expenses) to go that route. You might win you might lose, it is a 50-50 chance in court..

But remember on thing here, the judge will ask them where it was parked, and then ask you if you parked there... Red Zones mean no parking and that is what he will tell you...

Sorry I can not provide specific information but this is one you will have to decide on what to do specifically..