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Do I Have a Case? Wrongfully Towed?

Discussion in 'Parking Tickets, Towing, Impound' started by hangc, Jun 19, 2018.

  1. hangc

    hangc Law Topic Starter New Member

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    My boss had my car towed for parking in front of a dumpster. There were multiple other cars parked there also and no tow signs were posted anywhere. Instead, he simply attached a print out of a tow sign on a piece of paper to my windshield (attached below). I did my research and CVC 22658 states that a private property owner must display a sign no smaller than 17 by 22 inches at all entrances and in plain view.

    When I went to pick up my car, the tow company failed to give me a copy of the written authorization. All they gave me was a copy of the receipt. On the receipt, they stated that I was parked in a fire lane, which I was not because there were no markings or signs to indicate it as such. They told me my boss called them because he was afraid they wouldn't pick up the trash if I was parked there. After finding out I have a right to receive a written authorization, I went back a couple of days later and asked for one along with a copy of their "Towing Fees and Access Notice." They told me that they gave a copy of the written authorization to my boss who signed it and all they could do for me was give me a blank form. Seriously, what good would a blank form do me?

    I then asked multiple times for the "Towing Fees and Access Notice" to which they said they didn't know what that was. I told them it tells me my rights and who to call if I believe I've been wrongfully towed. CVC 22658 states that they have to have that information posted in public view (which they did not) and must give out copies when requested. They told me that that information should be on the signs posted around the company I work for. I informed them that there were no signs posted. They then proceeded to tell me that because it's on private property, signs are not required and it's really just a "courtesy." They told me because its private property, I don't have to be parked there for even 20 minutes to have my car towed. Also that I can have my car towed just because my boss "doesn't like me" just because it was on private property. I believe all this information they gave me a is false. Do I have a case? If so, who do I have a case against?
     

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  2. mightymoose

    mightymoose Moderator

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    Contact your local law enforcement to see if they have any record of this tow. Get copies of anything they will give you. Find out what authority code is listed for the tow (the Vehicle Code section permitting the tow).

    If you still can't get anywhere then visit a local attorney for some quick info and hge pointed in the right direction.

    In short, if you believe your vehicle was wrongfully tiret and you are out the tow fees, you can sue in small claims to recover your loss. You might even be able to claim a penalty if the statute permits.

    If you do sue your employer you may as well start looking for new employment now. I can only wonder why they didn't just ask you to move the car.

    Also, before you get too far ahead, you might just take a copy of the bill in to the employer and ask about reimbursement.
     
  3. army judge

    army judge Super Moderator

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    To learn if ANYTHING was amiss with the tow, you need to contact the agency in or near Modesto that oversees tow trucks and tow operators.
     

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