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Contest Towing Charges

Discuss anything to do with property law - buying, selling property

Contest Towing Charges

Postby Tadao » Tue Dec 06, 2016 12:17 am

We went to an open house in fremont, CA on Sunday at around 3:40 pm on a Sunday afternoon. We saw the open house sign as we were driving by and decided to check it out. We parked in front of the driveway of the open house. When we came back to our car in 5-6 minutes, we were shocked to see a tow car putting the tow equipment on our car. The tow truck operator said that there was a sign about 20-30 feet away which read - 'No Parking at all times'. Now there was just one sign for all the row of houses on that side block. And it was very easy to miss the sign. Also there were other blocks in the complex where this was not applicable. Acc. to the tow operator, someone complained and hence he had to tow it. It was a sunday afternoon and it wasnt even a busy street. I find it hard to believe that someone complained and a tow truck arrived in the 5 min that we went in. In my mind, this was just exploitation. He said we had to pay up right then and he wont tow the car. We had a 7 year old baby with us so we had no option but to pay up. He charged us 83$ for towing charge(although the car never left the property). What are my options under these circumstances ? Can I contest the charge ?
Tadao
 
Posts: 28
Joined: Sat Feb 22, 2014 1:18 am

Contest Towing Charges

Postby Anwell » Tue Dec 06, 2016 5:42 pm

We went to an open house in fremont, CA on Sunday at around 3:40 pm on a Sunday afternoon. We saw the open house sign as we were driving by and decided to check it out. We parked in front of the driveway of the open house. When we came back to our car in 5-6 minutes, we were shocked to see a tow car putting the tow equipment on our car. The tow truck operator said that there was a sign about 20-30 feet away which read - 'No Parking at all times'. Now there was just one sign for all the row of houses on that side block. And it was very easy to miss the sign. Also there were other blocks in the complex where this was not applicable. Acc. to the tow operator, someone complained and hence he had to tow it. It was a sunday afternoon and it wasnt even a busy street. I find it hard to believe that someone complained and a tow truck arrived in the 5 min that we went in. In my mind, this was just exploitation. He said we had to pay up right then and he wont tow the car. We had a 7 year old baby with us so we had no option but to pay up. He charged us 83$ for towing charge(although the car never left the property). What are my options under these circumstances ? Can I contest the charge ?
Anwell
 
Posts: 50
Joined: Tue Jan 07, 2014 4:27 am

Contest Towing Charges

Postby Rowe » Wed Dec 07, 2016 9:21 am

well from what I see here the fee  ($83.00) was what is considered a drop fee in the California laws, which is legal...

As to them being there in 5 minutes  (which I do not believe) is kind of fishy, but if you were parked "in front of the driveway" then it might of been considered a fire lane and it is subject to towing. Yes they can "patrol" those for violations... As to the sign 20 to 30 feet away, well that is legal as there does not need to be a sign every 2 feet or like that.. How far apart are speed limit signs?   Just because there is no speed limit sign right where you are can you do 100 mph ?

California has many laws regarding towing from private property  on the state level and then you also have laws on County or City levels also...  

Check out the California DMV web site and read some of the laws there, and this link goes to VC 22658 http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

Contesting the fee, well  you can always do that but remember that  you might not win and it might cost you even more.  
Rowe
 
Posts: 53
Joined: Fri Jan 31, 2014 11:43 pm


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