Was Your Car Illegally Towed?

If your car was towed in the State of California from an apartment complex or condominium in the middle of the night then chances are that your car was illegally towed. California has strict laws governing tow companies. However many tow companies ignore the laws. Since the average citizen is unaware of the laws, the companies profit from bending to outright breaking the law.

I recently had my car illegally towed. I'm writing this article to help educate others about the law and their rights. Before I go into the particulars of the law, let me give you some background information about how my car was illegally towed (stolen) by a tow company.

Recently while on vacation I took my family to Disneyland Resort in California. Since I live in Southern California it was only a day trip. That night, around eleven o'clock, as I was pulling up to my parking space in the complex I live in I noticed our other car wasn't parked in the spot I last remembered parking it. It didn't alarm me at first. I just figured my wife drove the car and parked it someplace else. We live in a large complex with over two hundred units, so parking is at a premium.

I asked my wife if she drove the car and parked it in another location. I really only asked the question for peace of mind. I really expected for her to say, yes it was over by the tennis court or something to that effect. When she told me she hadn't driven that car the entire weekend, needless to say that wasn't the answer I was looking for.

I wasn't ready to panic just yet. So I walked around the complex just incase I moved it and forgot. Okay now it was time to panic. The car was no where to be found. We live in a secured complex and you need a security card to drive in and out, so it was unlikely my car was stolen. So, my wife called the tow company on the outside chance that they towed our car by mistake. I say by mistake because we pay for two parking spots and we have permits for both cars. So I'm thinking there is no way our car was towed, but the chances it was stolen was even less.

My wife called the tow company and they confirmed that our car had indeed been towed. At this point we were glad it wasn't stolen. We figured the tow company made a mistake and once someone goes out to their yard and see that we do indeed have a parking permit, they will return our car to us. I had never been so wrong in my entire life.

The tow company wasn't interested in the fact that we had a valid parking permit. But they did offer us a very generous offer. (This is sarcasm, in case you never dealt with a tow company before.) For a mere $295.00 we could drive down and pick up our car, the car which was legally parked and stolen from our parking place. Not only were they not going to give us our car back they were beyond rude, they actually started mocking my wife on the phone.

So I called the Sheriff's department to report my car stolen by the tow company. Well to my surprise the Sheriffs were less then helpful. They informed me that my car had not been stolen, but legally towed. So I explained to them that it wasn't legally towed, that I was legally parked and the tow company stole my car and were extorting $295.00 from me to get my car back. I was told that since the tow company called the Sheriff's department it was considered a legal tow and it was a civil matter and not a criminal matter and that they would not come out and take a stolen vehicle report.

The Sheriffs weren't totally unhelpful. They gave me the exact street address of the tow company and their main office number. I told the Sheriff's department that I would go to the tow company and speak with them face to face and that I would call them back so they could see fist hand that I do in fact have a parking permit. They informed me that since the towing company is not in the unincorporated section of our county, the Sheriff's department would not respond and I had to call the local police for that city.

After hanging up from the Sheriff's department I called the tow company back to make sure someone was still in the office. I spoke with the dispatcher and I told him that I wanted my car back and again he ridiculed me. I informed him that I was coming down to the tow company's office with the police to get my car back. He told me to make sure I brought $295.00 with me.

Before I left for the tow company I called the police department for the city the tow company was based in. The Police pretty much told me the same thing the Sheriff's department told me. They said that if I went down to the tow company that they can only come out to keep the peace, but may not be able to force the tow company to give me my car back. Maybe was more then I got from the Sheriff's department.

I got down to the tow company in about ten minutes. I told the dispatcher I would be there in fifteen. I noticed the light was on. I didn't go anywhere near the tow company, I didn't want to be accused of doing anything such as threatening them. I called the local police and they sent out an officer to the tow company.

The number one mistake victims make is to take matters into their own hands. By doing that you make the other person the victim and you become the criminal. Or you start arguing back and forth and the police have to keep the peace and ends up arresting you. So the first piece of advice I have for anyone in this situation is to let the police make contact. If you go to jail the tow company wins.

When the police arrived, I explained to the officer what had happened. The police officer told me that today was my lucky day. I just happen to get the one police officer on the force that has a pet peeve about tow companies who illegally tow cars. He told me that the tow companies in California is very well regulated and that from what I had told him there is a very good chance that my car was illegally towed.

The officer told me about a law virtually unknown to most everyday citizen, California Vehicle Code 22658. Basically what the law reads is that a tow company can not tow your car from private property with 15 or more units based on a blanket authorization order from the landlord or association. In other words a towing company operating in the State of California can't just drive through a complex looking for cars to tow in the middle of the night. Someone has to call them. The person who calls them must be present at the time the car is being towed. They must tell the tow company why the car is being towed. They have to point out the car being towed. The have to sign the authorization papers at the time the car is being towed and give their complete name, address and phone number. According to California Vehicle Code 22658:

(B) The written authorization under subparagraph (A) shall include all of the following:

(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.

(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.

(iii) The grounds for the removal of the vehicle.

(iv) The time when the vehicle was first observed parked at the private property.

(v) The time that authorization to tow the vehicle was given.

Here are some other provisions the tow company must have their rates clearly posted. They can't charge you more for towing your car then their normal rates. So if they normally charge $45.00 to hook up your car and tow it the first fifteen miles, they can't turn around and charge you $295.00 for towing your car in the middle of the night while you're sleeping. If they do towing for the police then they can't charge you more then what they would normally charge if the police impounded your car. According to California Vehicle Code 22658:

(i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following:

(i) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be, removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located.

(ii) ( )¹⁴That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed.

Also they have to show you the authorization form and provide you a copy upon request. According to California Vehicle Code 22658:

(C) (i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.

(ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in clause (ii) of subparagraph (B) in the photocopy of the written authorization provided to the vehicle owner or the agent pursuant to clause (i).

Also when you pick up your car from the tow company they must, by law, give you the information needed for you to press charges against them and or pursue civil action against them for illegally towing your car. According to California Vehicle Code 22658:

(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating "If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number]." The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.

If you take civil action in small claims court against the tow company and win your case, you are entitled to four times the amount they charged you for the illegal towing of your car. According to California Vehicle Code 22658:

(4) A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.

(5) A person who violates this subdivision is civilly liable to the owner of the vehicle or his or her agent for four times the amount of the towing and storage charges.

After the police officer conducted his investigation he informed me that the manager's signature wasn't an original signature. The tow company was using an authorization form that is a photocopy of the manager's signature and everything else on the form was handwritten, which shows the manager wasn't present when my car was towed. This is a violation of California Vehicle Code 22658.

Since the manager of the tow company wasn't available I was unable to retrieve my car that night. The officer told me he would further investigate and for me to contact the tow company in the morning.

Early the next morning I went down to the tow company and the officer had already spoken with him in the course of his investigation. They were more then happy to give me back my car without me paying one cent for towing my car.

I was lucky I got an officer who was aware of this law. Otherwise I would have paid to get my car back and since I was unaware of this law, I would have been a victim with no recourse.

You may have to pay to get your car back if this happens to you. Worse case scenario you will press charges and sue and get four times back from the tow company what you were charged. California gives you a year to file a law suite, so if this happened to you recently you can still file civil action and get a judgment.

Remember knowledge is power. If your car is towed you need to know the law and show it to the officer in case this happens to you. Below is the link to the California Department of Motor Vehicle Department with a complete copy of Vehicle Code 22658. If you live in another part of the United States of America, check your State laws that regulate tow companies to learn the laws in your State. What I've written here only pertains to the State of California and is subject to change, so you should check for updates on this and other laws that effect you at least once every four months. Laws can change overnight.

View California Vehicle Code 22658 in its entirety at: http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm