QuestionOOK, THANK YOU...BTW, I have read your blog, but it seemed as though some of the provisions are not to be in effect until 2007. That was the only clarification I really wanted. I have looked on other web sites, but I have not found one that is broken down. Specifically the one that states a signature is required by the owner before a vehicle is towed. Have fun answering millions of other questions, you have been a great help.
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Hello again, I appreciate you following up so quickly. I do live in California,(Inland Empire) and I was parked in the first stall where there is no sign in front of it.I tried calling the tow truck company again, and they still do not have any pictures showing it was illegally parked. I tried calling the police department, and they told me they really have nothing to do with it. I just wanted to ask them how I can find out about proper sign posting. According to the tow truck company one sign posted is good enough for all the stalls. Do you know who I would have to call to find out if that information is accurate? Another thing, the office is only open about 4 hours a day. I suppose I will be going to small claims court...what a pian.
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Hello, about a week ago I was parked inthe parking area in front of the parks offic area. There is only one parking lot to accomidate about 80 mobile homes. The parking lot has about 15-20 parking spaces. Where the car was parked there is a total of about 6 parking spaces. This small parking area is in front of the "Club house" that is open everyday for about 4 hours. The first parking space does not have any signs, the second one has a sign that states "1 hour parking" The 3rd one does not say anything, and the 4th one has a handicapp sign on the floor. The 5th has a "1 hour parking" and the last 2 do not say anything. The car was towed at about 6 in the morning. I live about 100 yards from those parking spaces. I called to get my car, and I was told that they were hired to "patrol" the park, but were never specifically called to pick vehicle up. I asked for pictures showing the car was illegally parked, and they tell me, "they were lost in the download process, so we are attempting to find out from hp how to retrieve them" (Sounds like a bunch of crap) So I told her I would call back again tomorrow for the pictures. (About 8th phone call to attepmt to have them e-mailed to me.) So was I wrong in parking next to the stall that stated "1 hour parking?" Now they can not find the pictures. Can a tow truck company be hired to patrol an area, and tow cars when they feel it is necessary? I posted the question on lawguru, but now I found you...I hope you can offer insight.
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You don't say which spot you were in. The ones with the signs or without the signs. But it really does not make much difference unless the signs said you would be towed and complied with your local and state ordinances that regulate towing from private property. I presume the office was closed at 6 am when your car was towed. If you live in California there are laws to protect you. If you live in another state they may or may not have similar laws. Unfortunately it sounds as though you live in an unfriendly mobile home park. They should not be towing vehicles without a specific reason and in California it is illegal to do so. The best I can do now is to refer you to my blog at sftow.blogspot.com and hope you live in California. I believe they were wrong in towing you. You will see what I mean by reading the blog.
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OK Julia you seem like a nice lady but I don't think you read my blog. If you had you would have learned that the California Motor Vehicle Code Article 22658 (a) provides that within 1 hour prior to removing a vehicle from private property the owner of the property or person in lawful possession of the property shall notify the local traffic enforcement agency by telephone of the intended removal. Can’t be any simpler. What is the purpose of this provision? (1) To make sure that only the owner of the property can remove the vehicle and (2) To give the authorities the make, model and license plate number so when the owner calls the police screaming that his car has been stolen he will be informed that his car has been towed, not stolen. LOOKS LIKE THE MOBILE HOME PARK AND THE TOWING COMPANY DID NOT FOLLOW THESE RULES.
Let’s now look at Article 22658 (l) (1) of the California Motor Vehicle Code.
“A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who shall be present at the time of removal. General authorization to remove or commence removal of a vehicle at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with any entrance to, or exit from, the private property”.
Again it can’t be any simpler. Let’s break it down phrase by phrase:
1. The owner of the lot or his agent must be present in person at the time of towing.
2. The owner or his agent must sign an authorization at the time of the tow.
3. A prior written authorization is not valid.
4. The only time the towing company can tow your vehicle with only a prior blanket or general authority is when it is blocking the entrance or exit or within 15 feet of a fire hydrant or in a fire lane. If this happens the towing company is required to take a picture of your vehicle in the lot, showing the violation, and to give you a copy of the picture.
LOOKS LIKE THE MOBILE HOME PARK AND THE TOWING COMPANY DID NOT FOLLOW THESE RULES. I Will Bet you the Park Manager or Employees were Home in Bed when your car was towed at 6 am.
And Finally their Signs did not Comply with the Law:
There are a few other requirements you might want to keep your eyes open for. The first thing to look for is a sign authorizing the lawful towing of your car as provided in Article 22658 (a)(1): (Paraphrasing) If the vehicle is in running condition and has not been ticketed for a parking violation, it is unlawful to tow the vehicle unless there is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency.
LOOKS LIKE THE MOBILE HOME PARK AND THE TOWING COMPANY DID NOT FOLLOW THESE RULES.So You have a Case for Small Claims Court against The Park AND The Towing Company. Read my blog for the instructions. sftow.blogspot.com
Go Get em!
AnswerThe owner or property manager or someone authorized by them MUST BE PRESENT IN PERSON AT THE TIME OF THE TOW. THEY MUST SIGN AN AUTHORIZATION AT THE TIME GIVING THE TOW COMPANY PERMISSION TO TOW YOU CAR.
The New Rules that go into effect on January 1, 2007 do not apply to you. They will make it easier for others as they require a form to be GIVEN to the Person whose car was towed With the Name and Title of the Person Authorizing the Tow AND The Reason for the tow.
Make sure you did not sign your rights away when you moved into the park. For instance you may have signed a document stating that if you car is not parked in your assigned spot the park can tow you immediately without notice. Some apartment complexes do this.
If you like my answers leave some positive feedback. There is a place to grade my answers etc. on this site. It sounds like "They Done You Wrong". Go after the towing company and the park in Small Claims Court. Send them both a letter giving them 10 days to refund your money. If they refuse file your claim. Thanks.
