Finding parking in bustling California cities like Los Angeles, San Francisco, or San Diego can be a nightmare. Whether it’s street parking or navigating private lots, there’s always a risk of getting towed. But what happens if you find your car towed from a seemingly innocuous spot on private property? Can the police authorize this tow, or are there specific rules that apply?
This blog article dives deep into California’s towing laws, specifically focusing on the authority figures who can initiate a tow from private property. We’ll explore the rights of property owners, the limitations placed on law enforcement, and the process you should follow if your car gets towed unexpectedly.
Public vs. Private Property Parking: Understanding the Difference
Before we delve into the legalities of towing, it’s crucial to understand the distinction between public and private property parking. Public property refers to streets, designated parking spaces with meters, and public parking lots. These areas are generally governed by local municipal parking regulations and enforced by parking enforcement officers.
Private property, on the other hand, encompasses parking lots or spaces owned by businesses, apartment complexes, shopping centers, or even residences. The owner or person in lawful possession of this property has the primary authority to regulate parking and initiate towing when necessary.
Authority to Tow: Who Can Tow Your Car from Private Property in California?
The Property Owner’s Authority
In California, the owner (or person with lawful control) of private property holds the primary authority to have vehicles towed from their premises. This right, however, comes with specific regulations to ensure fair practices.
Proper Signage Requirements
Property owners who wish to enforce towing regulations on their land must post clear and conspicuous signage. These signs should be placed at all entrances and exits, and in prominent locations within the parking area. The signage must meet specific criteria outlined in California Vehicle Code (CVC) Section 22658. Here’s a breakdown of the key requirements:
- Visibility: Signs must be readable during both day and night.
- Content: Signs must clearly state that parking is prohibited and towing will be enforced.
- Language: The signage should be in English and any additional language deemed necessary by the local authority.
- Font size and style: The lettering on the sign must be large enough to be easily readable from a reasonable distance.
If the signage doesn’t comply with these regulations, the property owner may be liable for double the towing and storage fees if your car is towed improperly.
Exceptions: Inoperable Vehicles and Abandoned Cars
There are a couple of exceptions where a property owner can authorize a tow even without proper signage:
- Inoperable Vehicles: If a vehicle on the property appears inoperable (missing essential parts like wheels or windows), the owner can notify law enforcement. After 24 hours, the police can authorize a tow without a warning sign.
- Abandoned Cars: If a vehicle shows signs of abandonment (extensive dust buildup, flat tires, no registration), the property owner can take steps to have it towed after following specific procedures outlined in CVC Section 22670.
Law Enforcement’s Limited Role on Private Property
While police officers have broad authority to enforce parking laws on public roads, their power is significantly limited on private property. They generally cannot directly initiate a tow from private property unless there’s a public safety concern or the vehicle is blocking emergency access.
However, law enforcement can play a supporting role in the towing process on private property. Here’s how:
- Responding to Complaints: If the property owner requests assistance with a vehicle parked illegally, the police can verify the owner’s complaint and potentially contact a towing company on their behalf.
- Investigating Potential Crimes: If a car on private property is suspected to be involved in criminal activity, the police can investigate and take necessary actions, which might involve towing the vehicle as evidence.
- Public Safety Emergencies: If a parked car on private property obstructs emergency vehicle access or poses a public safety hazard, the police can intervene and authorize a tow to remove the obstruction.
What Happens When Your Car Gets Towed
Now that we understand who can authorize a tow on private property, let’s explore what happens if your car gets towed unexpectedly. Here’s a breakdown of the typical process:
- The Tow: A tow truck operator arrives at the property, likely upon request from the owner or their designated agent (e.g., property management company). The vehicle is then hooked up and towed away to a storage facility.
- Notification: Ideally, the towing company should leave a notification on your car informing you of its removal and the impound location. Additionally, California law mandates that the towing company notify the local law enforcement agency after the vehicle is removed from the property.
- Finding Your Towed Car: If you don’t find a notification on your car, you can contact the local police department to inquire about recent towing activity in the area. They might have information on the tow company that impounded your vehicle.
Your Rights and Responsibilities After a Tow
If your car is towed from private property, here’s what you should do:
- Contact the Towing Company: Once you locate the impound facility, get in touch with the towing company to inquire about the fees and retrieval process. Be sure to ask for a breakdown of the charges, including towing and storage costs.
- Review the Towing Authorization: You have the right to request a copy of the authorization the property owner provided for the tow. This document should outline the reason for the tow and any signage details.
- Check for Improper Signage: If you believe the signage on the property was inadequate or misleading, gather evidence (photos, witness statements) to support your claim.
- Payment and Retrieval: Once you’ve settled the towing and storage fees, you can retrieve your vehicle from the impound lot. Remember to bring proof of ownership and registration documents.
Potential Issues and How to Contest a Tow
There can be instances where a tow from private property might be deemed unlawful. Here are some common reasons to contest a tow:
- Improper Signage: As discussed earlier, if the signage on the property doesn’t meet the legal requirements, the tow might be considered invalid.
- Unauthorized Tow: If the property owner didn’t authorize the tow, or the tow truck driver didn’t follow proper procedures, you might have grounds to contest the charges.
- Vehicle Not Parked Illegally: If your car wasn’t parked in violation of any rules or posed no safety hazard, the tow could be disputed.
How to Contest a Tow
If you believe your car was towed from private property unfairly, here are some steps you can take:
- File a Complaint with the Towing Company: The first step is to file a formal complaint with the towing company itself. Explain why you believe the tow was unlawful and request a refund of the fees.
- Contact the Department of Consumer Affairs (DCA): If the towing company doesn’t address your complaint satisfactorily, you can file a complaint with the California Department of Consumer Affairs (DCA). The DCA regulates towing companies in the state and can investigate potential violations.
- Small Claims Court: As a last resort, you can consider filing a lawsuit in small claims court to recover the towing and storage fees. This option requires gathering evidence and potentially representing yourself in court.
Conclusion: Protecting Yourself from Unlawful Towing in California
Understanding California’s towing laws, particularly regarding private property, can empower you to protect yourself from unfair towing practices. Remember, property owners have the primary authority to tow vehicles, but they must adhere to specific signage regulations. Law enforcement generally plays a limited role unless there’s a public safety concern.
By being aware of your rights and the towing process, you can effectively contest a potentially unlawful tow and avoid unnecessary financial burdens. If you encounter a situation where your car is towed from private property, stay calm, gather evidence, and explore the options outlined above to seek recourse.
Joeal Bright is a committed journalist at WVPrepBB.com, focusing on USA and crime news. With a knack for in-depth reporting and a dedication to delivering accurate and timely information, Joeal keeps readers informed about crucial national events and crime stories. His work on WVPrepBB.com is essential for those seeking comprehensive coverage and insightful analysis of current events in the United States.
