Fighting a tow with invalid/incorrect written authorization?

[bruins3456]

Jurisdiction

California

My car was towed while parked clearly within a 'Visitor Parking' marked space in a Townhouse Parking Lot. On the Written Authorization provided by the tow company, the areas that I want to challenge are the entirely invalid "Reason for Tow" cited where they checked a box for "Fire Lane" AND checked a box for "Other" and wrote in the open text box that I was blocking a specific units' garage. Plus, ALSO INCORRECT was the written location of my vehicle which when the address is put into Maps is on the total opposite side of the complex and nowhere close to where I parked in front of my friends place.

As I was clearly in a valid visitor parking space, very obviously there was no way I could've violated either of those "Reasons for Tow" they cited. Even the picture they provided showed my car parked within a valid clearly striped parking spot with the word "Visitor" visible underneath my car. The fact that they wrote a clearly incorrect location of the tow likely is a sign they probably towed another car in the lot that night and messed up the writeup. They have a policy that there is no overnight parking that likely could be valid but that is not what they cite as their "Reason for Tow" - do I have a claim to get the tow fees fully refunded? Can they just claim human error and they just wrote it up wrong? What's the best/easiest approach to challenge this?

 

[army judge]

do I have a claim to get the tow fees fully refunded?

Based solely upon your recitation of events, PROBABLY.

Can they just claim human error and they just wrote it up wrong?

Maybe, who knows what defense the tow company and/or the complex will assert. I sure as heck won't even try. However, if things are as you say, you just might beat this wrap.

What's the best/easiest approach to challenge this?

Take a peek, see if these sites can help.

Everything You Need to Know About California Towing Laws | GetJerry.com

Avoid predatory tows and learn how to get your vehicle back promptly with this guide to California towing laws.

getjerry.com

Vehicle Towing - Consumer Resources - selfhelp

Towing: Removing Unauthorized Vehicles From Private Property - Kimball Tirey & St. John LLP

Ted Kimball, Esq. Revised January 2013 Unauthorized and abandoned vehicles parked on private property are a common problem for property owners and their agents. California Vehicle Code §22658 authorizes property owners and managers to remove unauthorized or abandoned vehicles from private...

www.kts-law.com

Cal. Vehicle Code § 22658

The owner or person in lawful possession of private property, including an association of a common interest development as defined in Sections…

california.public.law

suetowtrucks

Sue Tow Trucks

suetowtrucks.com

Three California Towing Laws that You Should Know

Towing laws are good to pay attention to, because they can help to make the difference in many cases between having your car towed and it remaining

www.carsdirect.com

 

[adjusterjack]

They have a policy that there is no overnight parking that likely could be valid

Was there a sign, or some other notice to you, prohibiting overnight parking?

 

[Zigner]

Are you a resident of the townhouse complex?

 

[bruins3456]

Are you a resident of the townhouse complex?

No, I was just visiting

 

[adjusterjack]

Again:

Was there a sign, or some other notice to you, prohibiting overnight parking?

 

[bruins3456]

Again:

Yes, but I would claim they almost intentionally made it hard to find. The closest sign to where I parked (literally right in front of my spot) is only a "Private Parking - Assigned Parking Only" sign that covers the row that I parked (which is probably 85% reserved parking spots and a couple of these Visitor Parking spots sprinkled in between). There is no other sign at all in this entire row of spots nor any at all discussing the Overnight Visitor Parking restriction and the details.

On a row of spots facing the total opposite way there are a lot more Visitor Parking marked spots and if you literally walk all the way over there you do find a different sign indicating the restriction of Overnight Visitor Parking. No way I would have ever seen that nor even would've known there was any sort of restriction for Overnight Visitor Parking.

In the main entrance to the complex (this is outdoors paved parking) in the median between the entrance/exit are all their signs like the Neighborhood Watch and the Complex Name sign and most relevant the sign indicating Private Property and parking in assigned stalls only (nothing about the Overnight Visitor Parking). However, I had to go back and scour to look if I missed it but totally to the right of the entrance is the Overnight Visitor restriction sign. I think this is pretty sketchy if this is considered in 'plain view' if all their signs they put on the drivers side yet this one they chose to put in the total opposite side which would be out to the right past the passengers side.

 

[adjusterjack]

Sorry, but I don't think that the "I didn't see it" defense is going to fly.

But you are welcome to sue if you want to.

Make sure you sue both the towing company and the property owners because the towing company was acting as an agent of the property owners and likely has no liability.

When you paid to get your car back, did you sign something? If you did, I'll bet it contained a waiver in favor of the towing company and maybe also in favor of the property owner.

 

[bruins3456]

Sorry, but I don't think that the "I didn't see it" defense is going to fly.

But you are welcome to sue if you want to.

Make sure you sue both the towing company and the property owners because the towing company was acting as an agent of the property owners and likely has no liability.

When you paid to get your car back, did you sign something? If you did, I'll bet it contained a waiver in favor of the towing company and maybe also in favor of the property owner.