I Feel My Car Was Illegally Towed. Was It?

[Sorel]

Thank you for your advice, but let me clear a few things up.

1)The parking lot wasn't pay at all, it was just an open parking lot FREE to use, no parking validations, time meters, or anything.

2)Its the parking lot for several businesses.  Starbucks, Ben & Jerry's, Papa John's Pizza, Blockbuster, Mexican restaurant, etc etc. It was a lot surrounded by stores that's part of the lot's "business."

3) I was actually gone from the area for about 30 min before I returned and went directly into the starbucks.  I had no idea the car was in the process of being towed.  The Security guard when walking to the other end of the lot just after my car was taken off by the tow truck noticed my friend and I sitting by the Starbucks window drinking coffee.  That's what the security guard had told me when I asked him what happened.

4)So apparently I was a customer, on the property, before, during, and after the towing.

Isn't there a California law somewhere stating that they can not tow it for atleast 1 hour of it being parked on a private property? Or another law saying that it can only be towed if a traffic law officer decides to tow it? This was an open parking lot on private property free to the public, but designated customer's only, along with the not so noticable other sign saying you can't leave the area.  I personally feel that the "dont leave the area or we'll tow you" sign is illegal.  But what do you think?

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Followup To

- Ok So I was in San Diego, California and I parked my car in a commercial parking

lot area with clear signs saying Customer Parking only.  My friend and I walk

off the area to a food store just a block down the road to buy some food.  We

come back to the commerical parking lot area and go into a starbucks where we

buy coffee and chill for a while.  Our car was still there when we got back and

were being customers of the parking lot area.

So about 40 min goes by since we parked, not even an hour has gone, we leave the

starbucks to where I parked and the car is gone.  I am told the car was towed

away for having walked off the area just 10 min before I got back to the parking

spot.  The guy who tells me he had the car towed tells me by the time he noticed

me and my friend sitting in the starbucks, they had just towed the car away and

nothing he can do.  Im mad because I was clearly there, clearly being a

customer, and they tow it on me while I was there.  

He points to a sign and it said that if I leave the area, the car is subject to

citation and towing.  These signs were not very noticable and the only signs

noticable were the clearly put customer parking signs.  So then if its legal for them to do that

because I was there, I was being a customer, I was on the property and they

towed it on me WHILE I was doing all those things.  He said by the time he

noticed me it was too late to call off the towing.  So he gives me the tow

company # and walks off.

I'm forced to pay $300 to get my car back.  Am I in the right feeling they

illegaly towed my car?  Can I sue them to get the money back?  

This was done by Phantom Towing, they charged me $150 tow, $32 storage, $75 Gate

fee, $40 Labor, & $3 fuel for total $300.

[jorian]

well, I hate to say it but the fact that you left the lot is going to be the key here.  I think that will shoot you in the foot in court. Now yes there is a few laws regarding towing from parking lots in California.  There is a 1 hr law but it has several other provisions which tend to get overlooked when people are looking for answers. Removal Prohibited

22953.   (a) Every owner or person in lawful possession of any private property which is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, shall not tow or remove, or cause the towing or removal, of any vehicle within one hour of the vehicle being parked.(b) Notwithstanding subdivision(a), a vehicle may be removed immediately after being illegally parked within 15 feet of a fire hydrant, in a fire lane, or in a parking space or stall legally designated for disabled persons.(c) Subdivision(a) does not apply to property designated for parking at an apartment complex, or to property designated for parking at a hotel or motel where the parking stalls or spaces are clearly marked for a specific room. Added Ch. 1335, Stats. 1985. Effective January 1, 1986. Regarding the "custom signs "  I think that you might lose on that also.  Tow aways signs are somewhat simple in what they can say as per state laws.  Further signs help explain more about the conditions.  

I still feel that you will have a huge uphill battle fighting this one in small claims court, but you can always try.  

[Travers]

- Well, this is one of those problem things.

I take it was one of those pay parking lots that you were in, or was it for some business right next door.  

Now if you walked off like you said to resturant or store down the block(which might have its own parking lot) you have just become a NON CUSTOMER.  Now when you came back to the Starbucks, which I take its close to the parking lot you still had left the area and became a non customer. I have done many of these tows when they left, and after they find they got towed they run in and buy something to prove they were a customer(most of the time its like an hour or 2 later after the tow)

So, even though the attendant figured you were back there, you had still left the property...

Now back to the money, yeah you can always do the small claims court to see if you can get the money if any back ..

By the way, the fees are close to normal for this type of towing service also..  

Hope this helps you,