It can be a headache to find parking in busy California cities such as Los Angeles, San Francisco, or San Diego. There is always a chance of being towed, whether you are parked on the street or in a private lot.
However, what should you do if you discover that your automobile has been removed from a location on private land that did not seem to be a problem? Are there special rules that apply to this tow, or may the police permit it?
This blog post goes into detail about the laws regarding towing in California, with a particular emphasis on the people in positions of authority who have the power to commence a tow from private property.
We will discuss the rights of property owners, the restrictions that are put on police enforcement, and the steps you should take if your automobile is towed without warning.
Who Has the Right to Tow Your Car from Private Property in California?
The Authority of the Property Owner
In California, the owner of private property (or the person who has legal control over it) has the primary authority to have automobiles towed off their land. However, this privilege is accompanied by some rules that are meant to guarantee fair practices.
Requirements for Appropriate Signage
Property owners who want to enforce towing laws on their land must put up clear and easily visible signs. All entrances and exits, as well as other highly visible areas of the parking lot, should have these signs displayed. The signs must comply with the requirements specified in Section 22658 of the California Vehicle Code (CVC). Here is a summary of the most important requirements:
- Visibility: Signs must be legible at all times, whether it is day or night.
- Content: Signs must clearly indicate that parking is not allowed and that towing will be enforced.
- Language: The signs should be in English and in any other language that the local government considers necessary.
- Font size and style: The letters on the sign must be large enough to be easily read from a reasonable distance.
If the notice does not meet these rules, the property owner could be responsible for paying double the towing and storage expenses if your automobile is towed inappropriately.
Exceptions: Cars that are not working and cars that have been left behind
In a few cases, a property owner can give permission for a vehicle to be towed even if there are no signs indicating that it is allowed:
- Vehicles That Cannot Be Operated: If a vehicle on the property seems to be inoperable (for example, if it is lacking important components such as wheels or windows), the owner has the option to inform the police. The police are allowed to permit a tow without a warning notice once 24 hours have passed.
- Abandoned Cars: If a car appears to be abandoned (for example, it has a lot of dust on it, flat tires, and no registration), the owner of the property can have it hauled away after following the exact processes that are described in CVC Section 22670.
The Restricted Authority of Law Enforcement on Private Property
Although police officers have a lot of ability to enforce parking restrictions on public highways, their authority is greatly reduced when it comes to private land. They usually cannot start a tow from private property unless there is a public safety issue or the car is blocking access for emergency services.
On the other hand, law enforcement can assist with the towing process on private land. This is how:
- Responding to Complaints: If the owner of a property asks for help with a car that is parked illegally, the police can confirm the owner’s complaint and may even get in touch with a towing business for them.
- Investigating Possible Crimes: If a car parked on private property is suspected of being involved in illegal conduct, the police have the authority to investigate and take appropriate action, which may include towing the vehicle as evidence.
- Public Safety Emergencies: If a parked car on private property blocks access for emergency vehicles or creates a public safety risk, the police have the authority to act and order the car to be towed away.
What to Expect When Your Car Is Towed
Now that we know who has the authority to order a tow on private land, let’s have a look at what you should do if your automobile is towed without warning. Here is a summary of the usual procedure:
- The Tow: A tow truck operator shows up at the property, perhaps because the owner or their designated agent (for example, a property management company) requested it. The vehicle is then connected and hauled to a storage facility.
- Notification: Ideally, the towing company should leave a notification on your automobile advising you of its removal and the impound site. Furthermore, California law requires that the towing firm inform the local law enforcement department after the vehicle has been taken off the property.
- Locating Your Towed Vehicle: If you do not see a notice on your car, you can call the local police department to ask about any recent tows in the area. They may have information about the tow business that took your vehicle.
Your Rights and Responsibilities After a Tow
If your car is pulled from private property, follow these steps:
- Contact the Towing business: Once you locate the impound facility, get in touch with the towing business to inquire about the fees and retrieval process. Make careful to request a detailed list of the charges, which should include the fees of towing and storage.
- Check the Towing Authorization: You have the right to ask for a copy of the authorization that the property owner issued for the tow. This document should include the cause for the tow and any relevant information regarding signage.
- Look for Incorrect Signs: If you think that the signs on the property were not sufficient or were deceptive, collect proof (such as photos and witness accounts) to back up your allegation.
- Payment and Retrieval: After you have paid the fees for towing and storage, you will be able to pick up your car from the impound yard. Don’t forget to bring evidence of ownership and registration documents with you.
Possible Problems and How to Challenge a Tow
There are situations in which a tow from private property may be considered illegal. The following are some of the most typical reasons to dispute a tow:
- Improper signs: As mentioned above, if the signs on the property does not comply with legal criteria, the tow may be deemed invalid.
- Unauthorized Tow: If the property owner did not give permission for the tow or if the tow truck driver did not follow the correct procedures, you may have a reason to dispute the costs.
- Vehicle Not Parked Illegally: If your car was parked legally and did not represent a safety danger, you may be able to contest the tow.
Your Rights in Texas: What to Do If Your Car Is Towed from Private Property
How to Challenge a Tow
If you think that your car was pulled from private property without justification, you can take the following actions:
- Submit a Complaint to the Towing business: The first thing you should do is submit a formal complaint to the towing business. Please explain why you think the tow was illegal and ask for your money to be returned.
- Get in touch with the Department of Consumer Affairs (DCA): If the towing firm does not resolve your complaint to your satisfaction, you have the option to submit a complaint with the California Department of Consumer Affairs (DCA). The DCA has the authority to investigate possible infractions and is responsible for regulating towing companies in the state.
- Small Claims Court: If all else fails, you might want to think about taking legal action in small claims court to get back the money you spent on towing and storage. This approach involves collecting evidence and possibly representing yourself in court.
Your Rights in Pennsylvania: What to Do If Your Car Is Towed from Private Property
Conclusion: How to Safeguard Yourself Against Illegal Towing in California
If you know California’s towing rules, especially those that apply to private property, you will be better equipped to defend yourself against unjust towing activities.
Keep in mind that property owners have the primary authority to tow vehicles, but they must follow certain rules regarding signage. Law enforcement often has a limited role unless there is a danger for public safety.
If you are aware of your rights and the towing process, you can successfully challenge a tow that may not be legal and avoid incurring unnecessary expenses. If your car is towed from private property, be cool, collect proof, and consider the choices listed above in order to find a solution.
Source: Can the Police Tow your car?