Towed from Private Property, that I live on.

[KustomMerc]

What is the name of your state? California



I live in a condo community. we have various parking stalls that are not assigned. but you must have a permit in your car if your a resident. Our security patrol is supposed to enforce that ..but they don't. Any way I have a show car that once a year I take to a show , where I need to put the car in a 22' trailer and is connected to our Escalade. we park at dusk to take it out early morning. and don't return till maybe next year. When I park it I always call our security co and tell them I'm going to do this, they always inform me that it's ok but to make sure and get a parking permit online listing the lic. #'s of the 2 vehicles
and post this on the dash. So we did that. Now this car ,trailer are parked at a curb at the entrance to our condos. it's 32'-40' wide curb to curb. the trailer is aprox. 8' leaving 24-32' for access. further more there is no fire hydrant within 200' and the curbs don't have any makings, red paint, or anything. so you can imagine my heart attack when I came out to find the trailer and my cad towed. authorized by the security company. the towing company cut all my locks off the trailer (except the back) to go inside to view the cargo. (a $150,000 show car.) they said they did that to in sure it was tied down!! I said then why didn't you cut the back door too...to verify that the back of the car was tied....They didn't know that answer. we live 80' from that trailer and I would of moved it if they had called. security had my # because of us being residents and the permit I received.....so when asked why they did it they said because you were in a fire lane?? I said why did you issue us a permit they said to park in a stall....They knew I had a 22' trailer!!! there are no stalls that big!! not our problem, she says. why didn't they call,,, no tour problem....

so what is my recourse... costs incurred... a shot weekend $700, locks $50, towing charges $500 ,,,, my heart priceless!

 

[FlyingRon]

You don't own the property. The condo association does.

Unless you had specific permission to park the trailer outside of a marked space, you've got thin ice to argue here. Arguing with the towing company is useless. It's not their problem, they were acting for the association.

You're not going to recover anything for your "shot weekend".

You might get money for the towing and damaged locks, but it's going to be a tough argument.

 

[Zigner]

OP has NO ice in this case. You're not allowed to park in fire lanes.

 

[FlyingRon]

Not clear from the text whether or not this was a fire lane.

 

[Zigner]

Not clear from the text whether or not this was a fire lane.

Op said their reason for towing was that he was in a fire lane. Op does NOT say that he wasn't. Thus, it can be assumed that he agrees with their statement.

 

[CdwJava]

The OP also said the curb was not painted red ... if not red and labeled as a fire lane, there had better be signs indicating it was a fire lane, or the OP might be able to collect a few dollars from an unlawful tow.

I'd be curious to know under what authority they towed the trailer.

- Carl

 

[FlyingRon]

Same as towing any other unauthorized parker from a private lot, provided all the rules regarding such were followed based on the Cali and local ordinances regulating such.

 

[KustomMerc]

Hi all... ok here are the points
I was given permission to park a 22 trailer as stated in the parking permit. this was given verbally by the security co and the internet reg. site.with a permit. (and says 22' trailer on the permit) there are no spaces for a trailer...except where I parked.
they have allowed this in the past. the palce where the trailer was parked is 35' wide. the trailer is 8' leaving 27' for thru traffic. the curbs are not red or have fire lane written on them. the fire lane sign at the entrance to the complexe says the whole complexe is a fire lane.. but the sign at the entrance is only 8"x12"
so how could they tow from an area that clearly isn't restricted in size? I was told a fire truck only needs 20' to pass
has no red lanes?
sign is too small....
the gave permission to a complexe that has no area to theatreticaly park..
I'm going to court for double the charges

we'll see....

 

[FlyingRon]

Have at it. What makes you think you are entitled to double damages?

 

[KustomMerc]

If the signs were not in compliance, than the following may apply:

Any owner or person in lawful possession of any private property ... causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f)

The towing company cannot likely be held liable, but the property owner or agent (i.e. the person authorizing the tow) may well have to pay you double your storage and impound fees for improperly towing the car. You might want to call the person or company that controls the parking property, and point out that their sign does not conform to CVC 22658 and that they had better pay for the release of your vehicle immediately, or they will be paying much more later.