Towing Issues: Towed from Store Parking Lot, tow truck operator, california vehicle code


Question
Hi Bob,

first, thanks in advance for answering questions about towing.  I thought I was all alone looking for answers, trying to find relevant city, county, and state codes online.

I live in Redwood City in San Mateo County in California, and my car was towed after being parked for roughly seven minutes at a grocery store as I went into another store next door first.  I figured this was all right, as I do the majority of my shopping at the store where I parked, but the store has a camera up (according to the tow truck operator) and calls the tow company whenever someone leaves their car and doesn't walk straight into their store.

This forum led to me California Vehicle Code 22953a, which says the car cannot be towed until it has been parked for one hour.

I am unsure as to what I should do now.  Do I contact the city? Go to small claims court?  Is the tow company at fault, or the property owner?  Also, I was the second car towed from the lot that night (also according to the tow driver, who had just started his shift), it sure sounds like this is a common occurance.

I was charged $420 by the towing company, which seems awfully high from perusing these forums.  I haven't been able to find standard tow rates for the City of Redwood City or San Mateo County.  I do believe that they cannot charge more than the police would, but I don't know what that amount is.

I have receipts from both stores from around the time the car was being towed, my cell phone log from when I called 911 thinking my car was stolen, and various emails, etc that I sent before I left work (less than an hour before I was towed).  

Thanks!

Answer
You were indeed ripped off. Did the grocery store and the other store you went into share the parking lot? I hope so. But regardless you sound like an intelligent guy and you should be able to get your money back, or more if you desire. The City of Redwood probably has a set of rules and regulations regarding the towing of vehicles. One phone call to the city attorney should tell you. If they do then these rules will dovetail with the California Motor Vehicle Code. All of your questions should be answered on my Blog at sftow.blogspot.com which will then redirect you to my most current blog. After reading this you should be able to convince the property owner and the tow truck company they need to give your money back. Use a registered/certified letter to each. Tell them you will let them off the hook (pun intended) right now if they return your money. Give them 1 week. If they refuse then file suit against them in small claims court. Instructions are in my blog. You don't need a lawyer and THEY can't use one against you. For $420 you should fight like hell. If you do sue them you should get the additional damages I point out in the blog that you are entitled to. In my case since I was returning to Los Angeles I just settled for a full refund from the towing company which they gave me ON THE SPOT! Good Luck and let me know how you come out.