Illegal tow?

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sjrhbca

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I live in an apartment complex with a cul-de-sac in the middle, which is considered private property, and not a city street. I came home Friday night, and there was very little parking, so I parked on the street(cul-de-sac) near a fire hydrant. There was no red paint on the curb, and I didn't block the hydrant, I had about 8 feet of clearance. In the morning I discovered my car had been towed. I retreived my car Saturday for $265. On the tow company's paperwork it stated that I was blocking the fire hydrant, but the pictures they provided clearly shows the clearance I mentioned above. I talked to a city police officer and explained the situation. He said the law is that you need 15 feet of clearance, but they would not have towed except in an emergency, and he probably wouldn't even have written a citation because I did leave some clearance. But he wasn't sure about my situation because it was private property. This happened in Huntington Beach, Ca.
My questions are:
Can I fight this? and if so, Do I take it up with the apartment association or the tow company?
And if I do fight it, what kind of information do I need to arm myself with?
Any and all information is greatly appreciated, and I thank you for your time.
 
You can take your losing case to small claims court.

According to your own facts, you did not leave enough clearance.
 
Can I fight this? and if so, Do I take it up with the apartment association or the tow company?
Who authorized the tow?

If it was a private property impound, then the apartment manager or representative needed to be present to authorize the tow. If it was the police, then the tow company should have a copy of the CHP-180 (the impound form used by most every agency in CA) and the reason and Vehicle Code authority for the tow would be on that document.

The first step is to find out who authorized the tow and why, and under what authority (Vehicle Code section) they impounded the vehicle.

- Carl
 
The tow truck driver said they have a contract with the apartment complex, and that they authorize tows. I have no idea if the apartment manager was there or not.
 
The tow truck driver said they have a contract with the apartment complex, and that they authorize tows. I have no idea if the apartment manager was there or not.

Read section 22658 found here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22650-22711

There are some specific things that the management and the company have to do to make the tow legal or they can be found liable for the tow and penalties.

It really depends on WHY the vehicle was towed. The property owner can also be charged with an infraction if he or she fails to comply with that section.

You might want to review the section and then go into the manager's office and demand they provide you with the legal authority to impound your vehicle ... chances are they will not have it.

- Carl
 
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