simdog6294
New Member
Hello I believe my car was illegally towed from a private parking lot. I am in the state of California and the car was towed from unincorporated Los Angeles County to a tow yard located in the city of Santa Monica. The reason I feel my car was illegally towed is that the company violated section of the California vehicle code 22658
The section below states the necessary measures to tow. The property owner was not present and was only referenced by first name on the written authorization. No contact information was provided. In addition there was no signage located at the entrance as necessitated in section 1. Based on the law below I believe the tow is illegal. In addition, when I went to confront the tow company Tip Top Tow in Santa Monica they tried to charge a rate above the California Highway Patrol approved rate which would also be a violation of vehicle code 22658. However, I did not pay the rate and am seeking legal remedies instead. As far as I can ascertain, the legal remedy is to pay the tow company whatever amount they demand and then sue them once the car is released if the tow was indeed illegal.
In California Vehicle Code Sec. 22852 which deals with towing on public property however there is a statement that one may request a post-tow hearing. Unfortunately this section does not include towing from private property. Thus, if you are towed to a police impound lot you can go to court and have your vehicle released if you believe you were towed illegally but if you are towed from a private lot it appears you have no legal remedy. I did some further research and found court precedent that states repossessing a vehicle could be considered a violation of the due process clause in the 14th amendment. In the case Scofield v. City of Hillsborough it was stated "...denied Scofield's request for a post-tow hearing, and if Scofield's request was timely, such a denial would violate Scofield's due process rights. See id. at 1325. Such a denial would also violate California Vehicle Code Sec. 22852.3.
In my case though I have no access to courts whatsoever through ordinance law. I believe my 14th amendment rights are being violated by having no recourse legally to release my car without paying first. It seems like a double standard to allow post-tow hearing in public cases but not private tow matters. By the tow truck company illegally seizing my vehicle I believe I am being deprived of my property. My intention is to go to court to prove my case but I am not a lawyer. I was seeking advice about how to go to court to sue for my right to receive my property back. Please do not respond if you are simply going to say "just pay them the money then sue them" I obviously already know that is an option and am doing this as a matter of principle to protect my constitutional rights not to be deprived of my property. Any help in guiding me through the legal process of going to civil court in the county of Los Angeles even if it is non-specific to my case would be appreciated.
(l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner's agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner's agent or employee, and the tenant has verified the violation, requested the tow from that tenant's assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner's agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain within 48 hours of receiving the written authorization to tow a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.
The section below states the necessary measures to tow. The property owner was not present and was only referenced by first name on the written authorization. No contact information was provided. In addition there was no signage located at the entrance as necessitated in section 1. Based on the law below I believe the tow is illegal. In addition, when I went to confront the tow company Tip Top Tow in Santa Monica they tried to charge a rate above the California Highway Patrol approved rate which would also be a violation of vehicle code 22658. However, I did not pay the rate and am seeking legal remedies instead. As far as I can ascertain, the legal remedy is to pay the tow company whatever amount they demand and then sue them once the car is released if the tow was indeed illegal.
In California Vehicle Code Sec. 22852 which deals with towing on public property however there is a statement that one may request a post-tow hearing. Unfortunately this section does not include towing from private property. Thus, if you are towed to a police impound lot you can go to court and have your vehicle released if you believe you were towed illegally but if you are towed from a private lot it appears you have no legal remedy. I did some further research and found court precedent that states repossessing a vehicle could be considered a violation of the due process clause in the 14th amendment. In the case Scofield v. City of Hillsborough it was stated "...denied Scofield's request for a post-tow hearing, and if Scofield's request was timely, such a denial would violate Scofield's due process rights. See id. at 1325. Such a denial would also violate California Vehicle Code Sec. 22852.3.
In my case though I have no access to courts whatsoever through ordinance law. I believe my 14th amendment rights are being violated by having no recourse legally to release my car without paying first. It seems like a double standard to allow post-tow hearing in public cases but not private tow matters. By the tow truck company illegally seizing my vehicle I believe I am being deprived of my property. My intention is to go to court to prove my case but I am not a lawyer. I was seeking advice about how to go to court to sue for my right to receive my property back. Please do not respond if you are simply going to say "just pay them the money then sue them" I obviously already know that is an option and am doing this as a matter of principle to protect my constitutional rights not to be deprived of my property. Any help in guiding me through the legal process of going to civil court in the county of Los Angeles even if it is non-specific to my case would be appreciated.
(l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner's agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner's agent or employee, and the tenant has verified the violation, requested the tow from that tenant's assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner's agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain within 48 hours of receiving the written authorization to tow a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.
