Car Impounded for Parking in an UNMARKED Fire Lane in My Gated Community (with pics!)

S

ShipwreckedInLA

New Member
Jurisdiction
California
My car was towed from a mobile home park in Los Angeles where i have lived the last few years. My roommate's truck takes up our entire carport so i have to drive around looking for guest parking. Back on the 8th of October most all of the guest parking was taken so i had to park by the front entrance of the community. So, the road that leads in to the place once you pass the gated entry, has about 6 homes on the left and on the right there is general parking along the curb. The road then takes a 90 degree turn left and carries on into the rest of the community. Id say 3/4 of the way through the curve is a Fire Lane No Parking sign, and AFTER the curve completes, the curb is painted red. The curb is painted red throughout the rest of the community and no Fire Lane / No Parking signs are everywhere. But the FIRST red curb once you enter the place is after that curve. The curb along that entire curve is not painted at all. Anyways, over the years when the normal guest parkin lots are full i have found luck parking right at the beginning of that curve. its about 2 car lengths before the Fire Lane No Parking sign, and at least 5 car lengths before the red curb starts. Many times someone is already there but on that faithful Friday it was open and so I parked and walked home.



The following Thursday (yeah 6 days later, i dont go out much) i went to run an errand and learned my car was not where i left it. I called the office to see if they knew anything about it and was told they had no record of anyone being towed.... i told them where i was parked and their reply was, "we told them not to tow cars from there." They gave me the number for the towing company they have a contract with to tow illegally parked cars and suggests calling them. I call them and learn the car was in fact towed 3 days earlier on Monday. He tells me it was parked in a fire zone, I tried defending myself and got nowhere. I called the community manager back and asked if they would call the towing company and get my car released because i clearly wasn't illegally parked. They said there was nothing they could do but they would try. Hours pass, I wind up calling the office again. Now they tell me yes i was illegally parked and their hands are tied. Then i start getting lectured for waiting so long to resolve this and suggested had i called on Monday when it happened they might have been able to help me. I explained I had no idea my car was missing until i went to use it on that Thursday. In any event she wouldnt budge and the towing company wouldnt budge and i wound up having to pay a staggering $405 to get my car back.

When i picked up my car i asked for pictures because they are suppose to supply them per 22658(i)(2) vc but was told someone would have to call me back about that. No one did.... i've made 2 more calls to them and been unsuccessful reaching the person who suppose to give them to me. To my understanding they were to be supplied with my invoice and in fact that same section states this:

(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.

In any event I was clearly not illegally parked in a fire lane as the marking requirements for a fire lane per 22500.1 vc is as follows:

The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".

Now there is a white line at the beginning of the curve which i always assumed was from when there were parking space markers but they've done construction on that road in so much they have not repainted them back in. They cant claim that's a fire lane marker when its just a white line and says nothing about a fire lane. In fact, I parked so my rear tires were on that while line... like i said, i thought it was a space marker. LOL

The last thing id like to add, is no one notified me my car was towed. The managers have my license plate information and the tow truck driver i believe is suppose to notify me or the manager by getting my name and address from the DMV. Furthermore after 72 hours they are allowed to charge you a Lien Sale Processing Fee, which they did, yet I still never got any notification they planned on selling my car.

I've done so much research on this issue and learned because it was towed from private property i cant request a review from the police dept and instead have to go to small claims court. I think i have a strong case. But do i sue the building or the towing company or both? And if both, do i include both in one suit or do i sue them separately? And finally, if i prove they broke several laws, does that mean if they are found guilty of an illegal tow which i can collect 4x the tow and storage fees but they also are found guilty of failure to give me photos of the illegal tow which also has a penalty of 4x the tow and storage, can i collect 8x the towing and storage? Then say the managers are found guilty for not notifying me there is a 2x penalty, could i collect that on top of the other towing company violations? i know its small claims and i believe i cant have a lawyer present but is getting a paralegal or something to help me fill out the paperwork correctly an option?

Bonus material:

They also towed my car further than the 10 miles they are allowed to by law. The towing company that towed my car has a location 8 miles away and one 13 miles away... they towed it to the 13 mile away one and the code says they are liable for 2x the towing and storage if they violate that rule.

they also did not notify the police they had my car until 90 minutes after they picked it up, its suppose to be done within 15 of arriving at the garage or within an hour of picking up the vehicle, which ever is shortest. There's a 3x penalty on that.

My roommate wants me to just eat and shut up because she doesnt want to risk getting kicked out. Bur $405 is a lot of money for me right now. I'm really not the "dick" type, honestly... but if youre gonna screw me like they did and neither one of them offer to work with me, then i feel i need to push back so they dont do this to someone else... course i worry about them seeing my car here again and scratching the hell out of it...but there's gotta be a penal code for that too, right? :-)

thanks again for your insight and knowledge....
 
ShipwreckedInLA said:
do i sue the building or the towing company or both?
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You could sue both.

However, why get the LL or her/his agents annoyed at you?

You could sue the tow company.

You appear to have a sensible argument.

I'd make it against the tow company, only if it didn't "urinate" off my LL or management.

You'll only know the outcome after you've tried.

Nothing ventured, nothing gained.

In the future, you might wish to discuss parking arrangements with the office.

Otherwise, renting a nearby garage might be cheaper than regularly getting towed. As you said, you don't venture out that often.

If this jeopardizes your housing, shutting up and eating it might be best.

If what you're doing could get you tossed, why make noise and make people look at you?
 
Your complaint is with the person who authorized the tow. The tow company would have obtained their name and had them sign a waiver and can provide you the tow documents.
You won't get anywhere with a complaint against the tow company.
 
Thanks for the quick replies!

@mightymoose, so the vehicle code reads as such:

22658 (i) (1) (E):

(i) General authorization to remove or commence removal of a vehicle at the towing company s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.

(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner s agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.

(2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.

I read that to mean it is the towing company that made the decision to tow it. The community manager told me they have a blanket contract with them allowing them to enter the park and tow cars illegally parked. Now perthe law, im suppose to get a copy of that blanket agreement when i picked up my car, but was not given one. What i was given was a copy of a "Vehicle Impound Authorization & Inventory" form that was attatched to my invoice, was filled out by the tow truck driver! The top portion appears to be for the community manager to fill out requesting the tow nd the remainder is regarding the tow which is suppose to be filled out by the tow truck operator. The entire form however llok slike it was filled out by the tow truck guy. Is that what they are suppose to do with a blanket authorization? Here's the redacted form....



@army judge... well like i said, $405 is a LOT of money for me right now and i am probably going to need it to pay next months rent, lol. As for pissing off the LL, its a huge mobile home park and we rent the place. Its beautiful, up in the mountains with amazing views...nothing like what you picture mobile homes to be like...ours is 2300 square feet with 3 bedrooms... But we have been shafted so many times (like the occasional unexplainable increase on the monthly electrical bill sometimes exceeding $900 or the oh sorry we need to remove your garage door that we had on this rental when you moved in years ago, apparently its a code violation. A lot of complaints up here. When we moved in, due to the roommates large truck, they just told me to park anywhere in guest parking. There are like 8 lots throughout the park of over 200 homes. But yes, lately all the guest parking has been booked. I've asked them several times about it, and i swear their response is "i don't knw what to tell ya"...which i reply, "well tell me where i should park" and i get a little chuckle and they repeat "i dont know what to yell ya". And finally, we are about 2 miles up the hillside with absolutely no parking anywhere outside these gates unless its 3 miles away. So..... "i dont know what to tell ya".... lol!

thanks again for the input guys....
 
ShipwreckedInLA said:
I read that to mean it is the towing company that made the decision to tow it.
Click to expand...

Under the circumstances you initially described it was likely a representative of the property that called the tow company and authorized removal. You indicated it was not a red curb and not marked as a fire lane, so I would not expect the tow company did it without a request.

The tow papers will show the reason why the vehicle was towed and who signed to authorize it.

If the tow company did do this on its own then they should be able to produce photographs clearly showing the violation, as is indicated in your last post.

You need to find out who made the decision to remove the vehicle and direct your effort toward that person.
 
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ShipwreckedInLA said:
the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.
Click to expand...

Was this done?
If so, and the tow company picked up the vehicle on its own, then you certainly have a valid complaint against them.

If all you received is the document you posted above and that document does not indicate any other person requesting the tow, then this tow company is on the hook.

You might write a letter carefully explaining the location of your vehicle and their failure to present a photograph as required. Send it to the company requesting they compensate double what you paid in order to settle the issue, citing the statute allowing you seek 4x in court. If they fail to respond within 10 days then file small claims. It is simple and you seem to have a solid argument to make, especially if they fall to produce a photo.
 
I just spoke with him and he asked me to text him on his personal number which he gave me and he would respond with the images. When i first notice the car was gone and called the manager the 3 take away comments were "i have no record of anyone being towed" then "we have a blanket contract with the towing company to come in and tow illegally parked cars on their own" and after telling her where i was parked, "we've told them not to tow cars from there" . Strangely enough when i spoke to her again a few hour later, she completely switched sides and now says i was illegally parked and had i called her sooner maybe she could of done something.

anyways, I briefly and super politely added with my text to tow truck guy just now that i have failed to see how anyone would know where the parking stopped and the fire lane started other than where the no parking sign was posted or where the red curb started. I added since neither you or the manager seemed able to work with me on getting my car out i have been lookin at other options to recoup my losses so these images will be helpful... ill upload what he sends.

here are the images of the 2 pics requested... sorry this is the best i have...i could always walk down and snap more if you want.... thanks again guys!


 
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You're not going to like this but here's what I see. I see a white line painted at right angles to the curb that is positioned at the end of the covered parking area. That white line is connected to a white line that runs parallel to the curb and connects to the red line at a point well beyond the No Parking sign. That tells me that the white line area is included with the red line area to prohibit parking.
 
adjusterjack said:
You're not going to like this but here's what I see. I see a white line painted at right angles to the curb that is positioned at the end of the covered parking area. That white line is connected to a white line that runs parallel to the curb and connects to the red line at a point well beyond the No Parking sign. That tells me that the white line area is included with the red line area to prohibit parking.
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You make a great point. The curb doesn't need to be painted red. The sign is clearly visible.
 
my response to that would be california vc 25500.1: The law of what is considered a fire lane

The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".

I read that i was not parked immediately adjacent to the sign and white doesnt constitute a fire lane.

You're not going to like this but here's what I see. I see a white line painted at right angles to the curb that is positioned at the end of the covered parking area.
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If you look closely at that image of the painted white marker that then runs up along the curb to the red curb, faintly you will see remnants of how it ran along the the road coming up from the front gate as well, its just washed away or no longer there.. because the covered parking is really just solar panels they installed a year ago. Parking was still allowed on that road pre-solar panel days and there were white space lines all the way up to the one i was parked at. But during the construction they ripped up a lot of that road along with much of the old markers. But if you look closely you'd see faint marking or portions there of.

Im not nit picking i swear, but if they want something to be considered a fire lane and the fire dept has designated it as such, it needs to be marked properly so we know where it begins. Why do they assume the fire line started where my car was and not the guy right behind me... or behind him?
 
What if? Shoulda woulda coulda. It's all speculation. I see it one way, others see it another way. That's what court and judges are for. No way to predict the outcome. The time has come for you to decide: sue or not sue.

If you sue, you want to make sure you include the towing company, the park owner, and the management company if it's a separate entity.
 
ShipwreckedInLA said:
I read that i was not parked immediately adjacent to the sign
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You don't have to be right in front of it.
[quote... ]and white doesnt constitute a fire lane.[/quote]It can if a sign is present, as your picture seems to show. Note the word "or" in the code...[/QUOTE]
 
adjusterjack said:
You're not going to like this but here's what I see. I see a white line painted at right angles to the curb that is positioned at the end of the covered parking area. That white line is connected to a white line that runs parallel to the curb and connects to the red line at a point well beyond the No Parking sign. That tells me that the white line area is included with the red line area to prohibit parking.
Click to expand...

I disagree. The white line in these images is pretty much meaningless. This is private property and lines can be drawn many ways without regulation.
Red is universally recognized as no parking though, and the red begins where the sign is located. It would be unreasonable for someone to recognize that white is the same as red. If the curve is no parking then the white line should be red. As it is it is not clear if parking is not allowed.
 
ShipwreckedInLA said:
Why do they assume the fire line started where my car was and not the guy right behind me... or behind him?
Click to expand...

You might call the fire department to come and look at it and see what they say about where the fire lane begins.
Regardless, as the markings are, and due to the failure to provide photos prior to payment, you seem to have a good argument to recover your loss.
 
Something worth looking in to, again with the fire department- it appears this may be an old sign with an out of date/repealed Fire Code. The sign is meaningless if the law isn't on the books.
 

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