I believe my car was illegally towed by my apartment manager

[traviz28]

CALIFORNIA

I live in an apartment that has assigned garages. Over the last 2+ years I have been living here I would come home late and find no parking so I would park parallel with my two assigned garages that I pay for. This morning I found my car towed because they said I can not block garages. These are my own garages I blocked. The manager said they are now enforcing parking rules. I want my $240 dollar towing fee back I had to pay. Do I have a chance at having the apartments reimburse/refund me?

I spoke with the property manager and her response was that their policy states no refunds for towing are ever given.

 

[Antigone*]

CALIFORNIA

I live in an apartment that has assigned garages. Over the last 2+ years I have been living here I would come home late and find no parking so I would park parallel with my two assigned garages that I pay for. This morning I found my car towed because they said I can not block garages. These are my own garages I blocked. The manager said they are now enforcing parking rules. I want my $240 dollar towing fee back I had to pay. Do I have a chance at having the apartments reimburse/refund me?

I spoke with the property manager and her response was that their policy states no refunds for towing are ever given.

Why wasn't your can IN your garage? It should have been towed it if was illegally parked.

 

[You Are Guilty]

Just from what you've written, it sounds like you are renting the space inside the garages, not outside. If that is correct, then you are on the hook for the full tow fee.

 

[traviz28]

My roommate uses one garage and my wifes car is in the other garage. There is also open parking outside but this occasion like most nights they are all full. It is common procedure around here to park as I did either in front of your own garages or along the curb by the main road(which were all taken as well). There is absolutely no signs that discourage parking anywhere. I am just surprised that the car right behind mine was double parked over a white line and did not get towed. If that car was parked like a regular person I could have used that particular spot.

 

[CdwJava]

How many units are in the complex? Are there signs at the entry indicating that cars will be towed?

This link gives you some info on the law for proper signage:

http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

 

[traviz28]

This is a larger complex I believe at least 40+ units

There is a sign and this is what it reads exactly:

unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or special license plates issued for persons with disabilities will be towed at owner's expense"
"Towed vehicles may be reclaimed at : XXXXX business or by telephoning xxx-xx-xxxx"

To me this is only pertaining to disabled placards am I right?

There is another sign that only reads about no parking in fire zones (red curbs)

 

[traviz28]

In fact looking at the above posted legal link (thank you) This is the four reasons A vehicle can be removed from private property:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.(THERE IS NO SIGNS STATING SUCH, ONLY SIGNS PREVENTING PARKING IN HANDICAP AND A SIGN PREVENTING PARKING IN RED CURBED FIRE ZONES)

(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.(NO ISSUANCE OF VIOLATION AND ONLY 8 HOURS MAXED HAS PASSED)

(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.(MY VEHICLE IS NEW AND IN COMPLETELY GOOD AND COSMETICALLY GREAT LOOKING CONDITION)

(4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.(NOPE)

 

[CdwJava]

Bring the issue to the attention of the management and see what they have to say. They may force you to small claims court. But, if the signage is as you say, you just might prevail.

Though if they are smart, they will modify the sign so that the next time you park like that they CAN tow you.

 

[traviz28]

I have told the management about these issues that there is no signage at all about where to park. Their rebuttal was the signed lease that states I will only park in designated parking spots.
I don't believe this little clause that has never been enforced can now rightfully be done so now. Especially that there are two other parking violators at this moment outside my window right in visual vicinity of my own vehicle that were not towed. one is double parked like I stated above and the other is parked along a curb next to the dumpsters.

The manager stands by her policy that they do not refund for any towing expenses.

I need to edit and I found another sign that states; "no parking except in designated areas fire lane keep clear all vehicles will be cited or towed away at owner's expense"

we have no assigned or designated parking except for the garages I pay extra for. These apartments require no parking permits to park here.

 

[Zigner]

I have told the management about these issues that there is no signage at all about where to park. Their rebuttal was the signed lease that states I will only park in designated parking spots.
I don't believe this little clause that has never been enforced can now rightfully be done so now. Especially that there are two other parking violators at this moment outside my window right in visual vicinity of my own vehicle that were not towed. one is double parked like I stated above and the other is parked along a curb next to the dumpsters.

The manager stands by her policy that they do not refund for any towing expenses.

I need to edit and I found another sign that states; "no parking except in designated areas fire lane keep clear all vehicles will be cited or towed away at owner's expense"

we have no assigned or designated parking except for the garages I pay extra for. These apartments require no parking permits to park here.

So, there IS a sign.
You aren't entitled to your money back.

 

[traviz28]

What is considered a designated spot? Is there a legal definition since we dont have designated parking spots assigned to us?

 

[Zigner]

What is considered a designated spot? Is there a legal definition since we dont have designated parking spots assigned to us?

Where you parked in an area striped for parking?


ETA: Brings to mind a funny story from my past. Many moons ago, I entered a lot and saw there were three spots that had the word "reserved" painted inside of them. I saw a security guard nearby so I asked who the spots were reserved for. His reply was "If you don't know, then it's not reserved for you."


What a fantastic life lesson from a quick one-liner

 

[traviz28]

the area is striped for parking.
I was not parked between two white stripes.
The car right behind mine was parked on the white line effectively taking two spots.

Can I use these grounds for any stipulation? Also the other vehicle that was parked illegally right by mine that was not towed as well.

 

[traviz28]

using your ETA, That would mean I shouldn't be parking anywhere besides my garages.

Could you agree at least that I have been parking in front of my own garage whether due to lack of spots or to make spots for other tenants a good judgement cause and this sudden decision to enforce a contract clause that hasnt been enforced in over 2 years just doesnt feel right?

 

[Zigner]

using your ETA, That would mean I shouldn't be parking anywhere besides my garages.

Could you agree at least that I have been parking in front of my own garage whether due to lack of spots or to make spots for other tenants a good judgement cause and this sudden decision to enforce a contract clause that hasnt been enforced in over 2 years just doesnt feel right?

I don't agree that your convenience should override the regulations.