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Car was towed unlawfully by HOA on the advise of board members (CA, San Jose)

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utopian25

Member
CA

Sequence of events for my car towing problem. This is the email I wrote to the HOA company.
Hi Mori,

I have been living at the community for the past 5 years. I am generally satisfied with the place and never had any complaints on the workings of board/HOA.

But I want to raise a complaint through this email. I want to contest the unlawful towing of my car on June 2, 2018 at 1:16 pm.

To give you some background. The car ,Toyota corolla <plate number>, in question is a rental car, which I got on May 21 at around 6:15 PM. I had parked my car in one of the parking spots outside my house. Please note that when I parked my car, there was a big truck in front of my car. I will come back to this point why it is important, later in the email.


On first 2 days, I forgot to put the parking tag, as a result I was issued 2 GREEN citations on the driver's window , On the 3rd day, i.e on 23 May morning 6 am, I put a parking tag on the car, and removed the stickers (citation for no tag). On the following days, I did not see any citation on the car, therefore thought that all is well with the car. I had to go out of town after 4-5 days, and the car was stay put in the parking spot.

On June 6, I realized that the car was not in the usual parking spot and got panicked. I also spoke to you about that, and you informed me about the towing of my car at the behest of the board. I got my car released the same day (had to pay for 5 days storage and 250 towing amounting to $665) .
The reason cited on the receipt was, that the car was parked in multiple spots. and was there over 72 hours.

I feel that I am unlawfully charged for something which is not my fault because of the following reasons.

1) On going back and checking the parking spot, I noticed that there are no parking spot markings for cars. No one can judge what a multi-spot is. I have attached pictures in the email for the parking spot.
2) Also, when I parked the car, as I mentioned earlier, there was a big truck parked in front of my car, which took 1.5 space already, so after the truck was removed, my car appeared occupying multi-spot. This is unfair to me, since I had no clue about this.
3) there was no third warning on the car, which I could have noticed and parked it correctly. I did not find any green tag on the window. It is only fair to expect such a warning.
4) If my car was not following any parking rules, why was it not towed after 4-5 days (may 25-26), it got towed almost after 10 days, how can someone daily check on a car on whether it is parked correctly or not.

I feel the point 1 is the biggest issue which board has to resolve, if they give a citation for multi-spot, residents expect clear markings on the parking spots, to make a decision of what a multi-spot is. We cannot just assume things here.

I request that my money be returned. I have attached pictures and receipt.

On talking to HOA, multiple times, they have told me various stories,
a) First they told me that my car was towed because of multi-car parking spot.
b) then they denied that and told me that it was towed because of no tag. However I had the tag.
c) on the receipt from the towing company , the reason for tow was mentioned as following (verbatim)
"Store Multiple spaces,
Other Over 72 Hours, Multiple request, HOA Request
 


quincy

Senior Member
Hmmm. I thought I replied to this thread already. :unsure:

It sounds as if you would not have argued the towing of your car had it been towed after 4 or 5 days but you are upset because it was towed after 10 days. Am I reading your complaint to the HOA correctly? See your point number 4.

I can understand you believing spaces should be marked if there is going to be towing for taking up multiple spaces - you need to know where the spaces are - but you appear to have ignored warnings to move your vehicle.
 

utopian25

Member
Hmmm. I thought I replied to this thread already. :unsure:

It sounds as if you would not have argued the towing of your car had it been towed after 4 or 5 days but you are upset because it was towed after 10 days. Am I reading your complaint to the HOA correctly? See your point number 4.

I can understand you believing spaces should be marked if there is going to be towing for taking up multiple spaces - you need to know where the spaces are - but you appear to have ignored warnings to move your vehicle.

Yes, I think I can remove that point from my case. ( I have a upcoming HOA meeting coming up , to preset my case in front of board).

I did honor 2 warnings that they gave me (when I did not have the tag). After putting the tag, I did not notice the green tag in the window, So I assumed that everything was ok, and the fact that my car was staying put for more than 10 days.
However they mentioned that they gave me a warning on the front and they ran out of green tags. I did not check the front of the car, and I was out of the town for some days.

Let me know how can I present my case.
 

quincy

Senior Member
.. Let me know how can I present my case.

I am fond of graphics.

Illustrate how, without marked spaces, vehicle owners can be guilty of taking up multiple spaces based strictly on the size of the vehicles that are parked and their positions in the row of cars. A Mini-Cooper is going to take up a lot less space than a Dodge Ram 3500.

I don't think you will get your tow fees back but good luck.
 

utopian25

Member
I am fond of graphics.

Illustrate how, without marked spaces, vehicle owners can be guilty of taking up multiple spaces based strictly on the size of the vehicles that are parked and their positions in the row of cars. A Mini-Cooper is going to take up a lot less space than a Dodge Ram 3500.

I don't think you will get your tow fees back but good luck.

Why, my case is not strong ? What are the loopholes you think are ? I have images which shows there is no markings. and their main reason of tow was multi-parking.
 

quincy

Senior Member
Why, my case is not strong ? What are the loopholes you think are ? I have images which shows there is no markings. and their main reason of tow was multi-parking.
You ignored warnings and kept your car parked in the same place.

But it doesn't hurt to try to recover your tow fees.

Good luck.
 

utopian25

Member
You ignored warnings and kept your car parked in the same place.

But it doesn't hurt to try to recover your tow fees.

Good luck.

ok thnx.. Buf if the warning is because of multi-space (also clearly stated in the tow report), thats my only fall back option. I did have the tag in the vehicle.
 

quincy

Senior Member
ok thnx.. Buf if the warning is because of multi-space (also clearly stated in the tow report), thats my only fall back option. I did have the tag in the vehicle.
I understand the argument you are making. It is not a bad one.
 

utopian25

Member
I understand the argument you are making. It is not a bad one.

thanks, my only concern is , if they say that there was no tag in the vehicle , what can be my proof for that? The HOA lady sent me some pics taken in night , in which nothing can be seen.
How do I prove that the car indeed had the parking tag. Is the tow report a valid proof (which gives reason for tow). If they again reject my claim in the meeting , what are my options to further my case?
 

quincy

Senior Member
thanks, my only concern is , if they say that there was no tag in the vehicle , what can be my proof for that? The HOA lady sent me some pics taken in night , in which nothing can be seen.
How do I prove that the car indeed had the parking tag. Is the tow report a valid proof (which gives reason for tow). If they again reject my claim in the meeting , what are my options to further my case?
If you had no tag, and having no tag is a towable offense, you have no defense to the tow.

If the HOA does not buy your arguments, circulate a petition among the homeowners for marked spaces and present the signatures to the Board.

This won't help you now but could avoid tows in the future.

Good luck.
 

utopian25

Member
If you had no tag, and having no tag is a towable offense, you have no defense to the tow.

If the HOA does not buy your arguments, circulate a petition among the homeowners for marked spaces and present the signatures to the Board.

This won't help you now but could avoid tows in the future.

Good luck.

I had tag 100%. Thats the case, and I need to know how i can prove it. I am planning to visit towyard to ask them about it one more time.
 

quincy

Senior Member
I had tag 100%. Thats the case, and I need to know how i can prove it. I am planning to visit towyard to ask them about it one more time.
Going to the tow yard again might be a good idea, although I am not sure what the chances are of anyone there remembering if you had a tag.
 

utopian25

Member
Going to the tow yard again might be a good idea, although I am not sure what the chances are of anyone there remembering if you had a tag.

I will present them the receipt, and ask them what it means. Will ask them if I can record their voice.
 

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