alpsholic
New Member
- Jurisdiction
- California
My car got towed from a residential property in San Jose, CA. There was no loading/unloading zone at the point. I was trying to load my baby but she started crying. I just went around to show some play area to pacify her. Within these 2-3 min, my car was towed. Upon seeing the truck, my friend, me with the baby ran after the truck. My friend stopped the truck within a few hundred meters very much within the property.
The driver asked my friend if he was the owner. My friend pointed at me saying I am the driver. I was a bit behind him because running slow with my baby in hand. But the driver didn't pay any attention and escaped the scene in just 10 sec. We were utter shocked. We could find the details of the towing company and went there within 10-15min. The driver insisted to pay 400$+ (towing fee + storage + gate fee).
The driver was so reckless to give any answers and was telling us the only option is to pay to get the car and do whatever later.
I researched further on what the law says for my context. I am copy pasting the relevant parts of CA vehicle code and SJ municipal code. I strongly feel from all of the following that- the tow guy should have released the car immediately when we stopped and should not have charged anything.
What is your interpretation on this? What should my next steps? Thank you so much to each of you who would reply.
As per the CA code:
CVC § 22658 (h)
A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner's agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner's agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
San Jose Municipal code:
6.66.310 (B) It is unlawful to charge the vehicle owner any fee to drop the vehicle or otherwise release the vehicle back to his control at any point between its location on the private property and its arrival at the tow-car storage facility. Such a "drop charge" to the vehicle owner is defined as reimbursement from the vehicle owner for services rendered by the tow-truck permittee. These services include, but are not limited to, unlocking the vehicle, tying off the steering wheel, disconnecting the drive shaft or related system, and recovery of time and wages of the tow-truck operator. C. It shall be unlawful to remove any vehicle from private property once its owner or person in lawful control has returned to its location on the property and declared his opposition to the removal. In order to make this declaration, it is not required that the person produce any identification connecting him with the vehicle. The person declaring opposition to the removal must remove the vehicle within five minutes to a legal or nonrestrictive parking area or the vehicle will be towed.
6.66.310 (C) It shall be unlawful to remove any vehicle from private property once its owner or person in lawful control has returned to its location on the property and declared his opposition to the removal. In order to make this declaration, it is not required that the person produce any identification connecting him with the vehicle. The person declaring opposition to the removal must remove the vehicle within five minutes to a legal or nonrestrictive parking area or the vehicle will be towed.
The driver asked my friend if he was the owner. My friend pointed at me saying I am the driver. I was a bit behind him because running slow with my baby in hand. But the driver didn't pay any attention and escaped the scene in just 10 sec. We were utter shocked. We could find the details of the towing company and went there within 10-15min. The driver insisted to pay 400$+ (towing fee + storage + gate fee).
The driver was so reckless to give any answers and was telling us the only option is to pay to get the car and do whatever later.
I researched further on what the law says for my context. I am copy pasting the relevant parts of CA vehicle code and SJ municipal code. I strongly feel from all of the following that- the tow guy should have released the car immediately when we stopped and should not have charged anything.
What is your interpretation on this? What should my next steps? Thank you so much to each of you who would reply.
As per the CA code:
CVC § 22658 (h)
A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner's agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner's agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
San Jose Municipal code:
6.66.310 (B) It is unlawful to charge the vehicle owner any fee to drop the vehicle or otherwise release the vehicle back to his control at any point between its location on the private property and its arrival at the tow-car storage facility. Such a "drop charge" to the vehicle owner is defined as reimbursement from the vehicle owner for services rendered by the tow-truck permittee. These services include, but are not limited to, unlocking the vehicle, tying off the steering wheel, disconnecting the drive shaft or related system, and recovery of time and wages of the tow-truck operator. C. It shall be unlawful to remove any vehicle from private property once its owner or person in lawful control has returned to its location on the property and declared his opposition to the removal. In order to make this declaration, it is not required that the person produce any identification connecting him with the vehicle. The person declaring opposition to the removal must remove the vehicle within five minutes to a legal or nonrestrictive parking area or the vehicle will be towed.
6.66.310 (C) It shall be unlawful to remove any vehicle from private property once its owner or person in lawful control has returned to its location on the property and declared his opposition to the removal. In order to make this declaration, it is not required that the person produce any identification connecting him with the vehicle. The person declaring opposition to the removal must remove the vehicle within five minutes to a legal or nonrestrictive parking area or the vehicle will be towed.
