towed guest car from my building guest parking

[ajin]

My building has a 'future resident parking' that is to be used my leasing office from 9 to 6 am. They allow residents guests to use it post 6 pm. I asked my guest to park in the spot on Friday evening around 6 pm. When we came to get it Saturday morning it wasn't there.
when we reached out to management they said it was towed last night because we parked at 5:55pm. We went to collect the car and towing company document says noticed at 6:28 pm and towed at 6:41 pm. Reason :No parking after 6 pm.

Questions:
1. Was the management right to get the car towed for parking it 5 mins early? There are two spots and the next one was empty. They wouldn't have scheduled a tour just 10 mins before closing office. I think it didn't cause anyone inconvenience (other than us by getting towed. I sent them an email saying its a community they could have given 5 min consideration on human grounds.

2. the reason towing company has on the records is incorrect

3. can I sue either management or towing company for my claim? If yes, what is the process.

I am really upset at how these building management behave after living in the building for 3 years. They are just making money at the expense of others.

Note: I live in San jose downtown.

 

[Zigner]

Questions:
1. Was the management right to get the car towed for parking it 5 mins early?

Yep...why? Because 5:55pm is earlier than 6pm.

2. the reason towing company has on the records is incorrect

Maybe.

3. can I sue either management or towing company for my claim? If yes, what is the process.

Sure, although they may have valid defenses. See Small Claims Court - Superior Court of California, County of Santa Clara for more information.

I am really upset at how these building management behave after living in the building for 3 years. They are just making money at the expense of others.

The building management doesn't make money from having your car towed. In fact, it probably ends up costing them a small amount in administrative costs to do so.

 

[adjusterjack]

1. Was the management right to get the car towed for parking it 5 mins early?

Yes.

Even 1 minute or 1 second would have been right.

There are two spots and the next one was empty. They wouldn't have scheduled a tour just 10 mins before closing office. I think it didn't cause anyone inconvenience (other than us by getting towed. I sent them an email saying its a community they could have given 5 min consideration on human grounds.

All that is irrelevant.

2. the reason towing company has on the records is incorrect

I'd be more concerned with the times rather than the reason.

3. can I sue either management or towing company for my claim? If yes, what is the process.

YOU don't have standing to sue anybody. It was your guest's car. Your guest can sue. And since there seems to be a discrepancy between what management and the towing company say, it would be a good idea to sue both.

The make this even more complicated, your guest wouldn't necessarily sue just the management company. It would have to include the owner of the building since the management company acts as agent for the owner.

 

[Tax Counsel]

3. can I sue either management or towing company for my claim? If yes, what is the process.

The problem here is that even if the statute of limitations had not expired, YOU wouldn't have cause to sue the management company because it was not YOUR car that got towed. It would have been up to your guest to do that. And if your guest parked there before 6, as others have indicated, the guest would likely lose as guest parking was not permitted before 6.

 

[Zigner]

The problem here is that even if the statute of limitations had not expired ...

I don't believe that the statute of limitations is a factor in this thread. This seems like a recent event.

 

[zddoodah]

can I sue either management or towing company for my claim? If yes, what is the process.

Anyone can sue anyone for anything, but it wasn't your car, so you have no standing.

As for whether your "guest" has any valid claim, one would need to see what the signage says.

 

[ajin]

The time 6:41 when the car was towed it was rightfully parked and the reason towing company mentioned is wrong "No parking after 6 pm"

 

[ajin]

I paid for the Towing expenses. My name is on the documents.

 

[ajin]

The signage says:
"Parking for leasing office 9 am to 6 pm
Towing enforced at all times
unauthorized vehicles will be towed at vehicle owner's expense
To retrieve your vehicle contact <Towing company>"

 

[ajin]

Isn't there any grace period allowed? By the time towing truck came and it was already in the permitted parking hours.

 

[army judge]

I paid for the Towing expenses. My name is on the documents.

That was a nice gesture to help your guest financially.

However, your guest has been made whole by you.

I don't see EITHER of you having a successful lawsuit.

You mitigated your friend's damages.

Everyone involved (you and your pal), have no damages, time to move on.

 

[adjusterjack]

The time 6:41 when the car was towed it was rightfully parked and the reason towing company mentioned is wrong "No parking after 6 pm" I paid for the Towing expenses. My name is on the documents.

Then go ahead and file suit in small claims court. All you can lose is your filing and process service fees.

Isn't there any grace period allowed?

You quoted the sign:

"Parking for leasing office 9 am to 6 pm. Towing enforced at all times unauthorized vehicles will be towed at vehicle owner's expense. To retrieve your vehicle contact <Towing company>"

There's no grace period on the sign so there is no grace period.

 

[zddoodah]

I paid for the Towing expenses. My name is on the documents.

That does not give you standing.

How much money is at issue?

 

[Tax Counsel]

I don't believe that the statute of limitations is a factor in this thread. This seems like a recent event.

You're right — I had another thread stuck in my head on that part of it.

 

[Tax Counsel]

I paid for the Towing expenses. My name is on the documents.

Then perhaps your guest could assign his claim to you and you could sue as his assignee.

 

[zddoodah]

Then perhaps your guest could assign his claim to you and you could sue as his assignee.

The OP didn't identify the state where this occurred (there are at least four states with a city called San Jose). If it happened in San Jose, CA, and assuming that the amount in controversy is well under $10k, then the strategy of assigning the claim would be problematic because "[n]o claim shall be filed or maintained in small claims court by the assignee of the claim." Code of Civil Procedure section 116.420(a). Of course, the OP, as assignee, could still sue in the limited jurisdiction division of the superior court, but that would be ill-advised.

 

[army judge]

The OP didn't identify the state where this occurred (there are at least four states with a city called San Jose). If it happened in San Jose, CA,

Country: United States

State/Region: California

City: San Jose

.
.

 

[Tax Counsel]

Of course, the OP, as assignee, could still sue in the limited jurisdiction division of the superior court, but that would be ill-advised.

I wasn't opining on whether it would be worthwhile to do. Only that it might be possible for him to do it, should he want to pursue that. I'd suggest he consult an attorney prior to doing that, of course. That may save him a great deal of money, time, and trouble.

 

[mightymoose]

Per the sign, I would agree that the tow was improper after 6pm, even if the car had been parked at 5:55pm.
On the tow document an authority code should be listed, likely VC 22651 with a letter following it. What does yours show? If it isn't on the document, go back to the tow company and get it.
If the tow company refuses to refund what was paid, then the vehicle owner can seek damages in small claims. A photo of the sign that contradicts what is on the tow document should make it easy.
The question is really whether you want to put the time and effort in to it.