GotScrewed1
New Member
Last night, my fiance double parked in front of his cousin's vehicle to unload 2 babies (a 3 month old and a 2 year old) and a bunch of luggage. Let me tell you that this was in the closed (gated) parking lot of an apartment complex (private property). It was also Saturday night and all of the regular parking spaces were occupied by their tennants and visitors - hence, the double parking. We brought the kids up to the apartment and started on the luggage. When the unloading was complete, my fiance stepped outside (to move the car) and a tow truck was already there hooking the rear of our car! We told him to stop. We also told him that we just finished unloading our stuff and we were just about to move the car. The man told us that it would be $50 for him to release the car. My fiance didn't want to argue so he handed him his credit card, driver's liscence and registration. All of a sudden, the tow guy says, "Oh, I forgot, it's $75 here in this city (Milpitas, CA)." That's when we get angry. Can someone just re-quote you when you already agreed to pay for the first quote?
I threatened to call the police and the tow guy started working hastily to finish up jacking the car. He ran to his truck and lifted our car with the hydraulic system.
We called the police, but they said they can not do anything since it is on private property.
We also called the security office of the apartment complex and he told us he didn't know of any reports for the tow truck to come and tow a car on the complex. (There wouldn't be a report, since the only vehicle we were blocking was our own cousin's car!)
After much arguing, my fiance agreed to pay the $75 fee and our car was released.
We saw the same truck circling the parking lot looking for other cars to tow shortly after.
With some investigation, we found out that this was the same tow company contracted by the apartment complex. We figured that this is how they got into the gate - they already knew the security code.
I looked up California Vehicle Code Section 22658 and it states:
1.) No authorization from the property owner was obtained. The security office did not even know about the incident before we called.
2.) A representative (employee, security guard, owner, etc.) of the apartment complex was not present while the car was being removed. How could they be present if they didn't even know about it?
3.) There was no fire hydrant to be seen.
4.) We were not in a fire lane (red curb).
5.) We were not anywhere near an entrance or exit. We weren't even blocking the flow of traffic since we were at the very end of a cul-de-sac with ample room to pass.
We already payed the $75 via credit card. Is there any way I can contest this charge?
The California Vehicle Code also states:
I would rather not take this to court, but if it does go there, does this mean we am entitled to 4 x $75 (the amount they charged us)?
I will be satisfied with just a refund. That will show them not to pull these shady tactics on people. What should my course of action be?
-Complain to the tow company owner?
-Report this to the BBB?
-Cancel payment on the credit card?
-Report this to the apartment complex management?
Please help. This is infuriating!
I threatened to call the police and the tow guy started working hastily to finish up jacking the car. He ran to his truck and lifted our car with the hydraulic system.
We called the police, but they said they can not do anything since it is on private property.
We also called the security office of the apartment complex and he told us he didn't know of any reports for the tow truck to come and tow a car on the complex. (There wouldn't be a report, since the only vehicle we were blocking was our own cousin's car!)
After much arguing, my fiance agreed to pay the $75 fee and our car was released.
We saw the same truck circling the parking lot looking for other cars to tow shortly after.
With some investigation, we found out that this was the same tow company contracted by the apartment complex. We figured that this is how they got into the gate - they already knew the security code.
I looked up California Vehicle Code Section 22658 and it states:
1.) No authorization from the property owner was obtained. The security office did not even know about the incident before we called.
2.) A representative (employee, security guard, owner, etc.) of the apartment complex was not present while the car was being removed. How could they be present if they didn't even know about it?
3.) There was no fire hydrant to be seen.
4.) We were not in a fire lane (red curb).
5.) We were not anywhere near an entrance or exit. We weren't even blocking the flow of traffic since we were at the very end of a cul-de-sac with ample room to pass.
We already payed the $75 via credit card. Is there any way I can contest this charge?
The California Vehicle Code also states:
I would rather not take this to court, but if it does go there, does this mean we am entitled to 4 x $75 (the amount they charged us)?
I will be satisfied with just a refund. That will show them not to pull these shady tactics on people. What should my course of action be?
-Complain to the tow company owner?
-Report this to the BBB?
-Cancel payment on the credit card?
-Report this to the apartment complex management?
Please help. This is infuriating!
