Who is allowed to tow a car (or authorize a tow)?

[sammie71]

Hello everyone. I need all of your expertise today. I am somewhat familiar with the CA vehicle code, but I am a bit perplexed by something that happened to me last night.

I was helping my daughter move out of her apartment. We had been at it pretty much all day. We came back to her apartment for one last load of boxes. It was 12:30 am when we parked on the nearby public street. There is a sign posted that says "no overnight parking". Well, We come back out at 1:30 am and my truck is gone. I was surprised and almost jumped to the conclusion that it had been stolen.

To make a long story a little shorter, I decided to call the number on the sign. I was shocked by its disappearance but theft did not seem logical once I thought about it. The number turned out to be that of a local towing company. After much uncertainty, they learned my car was on its way to their shop. I called a cab and went to their storage facility (which was open strangely). At this time they demanded cash payment of 200 dollars and to see my registration (which was in the car but they would not let me get it?). I paid them because I was frustrated, tired and eager to get home (I live in La Jolla...rather far away).

I asked who had authorized the tow and they said that they (the company) had. I asked what authority they had (i.e. authorized or requested by a police officer or as contracted by the city for enforcing local ordinances). They said they were the "night patrol". I asked if they were affiliated with the police or city or any private land owner. Still, they said no. They said they drive at night looking for violations. I had to ask for a business card four times, which infuriated them beyond belief. They eventually gave it to me (or rather threw it at me).

Better yet, the paper I received documenting the tow is not signed by anyone else but the tow guy. Also, I received no citation. If it was a legitimate police tow, wouldn't I have received a fine or at least had some contact with the police? Thus I am basically confused for two reasons. One, I was not there overnight. They would have had no way of knowing if I would be there all night unless they waited until the morning. How can they act on the possibility that I might stay all night (which I wasn't going to do)?

SECONDLY, can an agency not acting on the behalf of the police, the city, or a private propety owner just go and take my car?? I am worried I was scammed. I cannot imagine why a private towing company can go and act on future violations without an actual violation taking place and without the endorsement of the police? I plan on going to the police department (in Santa Ana by the way) on Tuesday of next week but in the mean time I would like to try and understand so I can decide if I have any recourse in civil court or by means of pressing charges (grand theft auto???) if indeed this was just some company trying to scam me. Does this sound right to all of you? Thanks for hearing me out and thank you in advance for your help.
Sincerely,
Sam :confused:

[kariya_the_dog]

SECONDLY, can an agency not acting on the behalf of the police, the city, or a private propety owner just go and take my car??

as far as i know, yes.
my brother lives in an apartment complex. if you do not have a sticker on your car and you park under the carport, they will have your car towed. they call the number on the sign that says no parking and have your car towed.
i would believe that whoever's number is on the sign that says no parking are the people who have the right to tow your car. they were authorized by someone to be able to do that, whether it be at the time of the tow or whenever they started up their business.

granted, this is just as far as i know.
i could be wrong, i don't know, so someone feel free to correct me if i'm wrong.

[SgtHottie503]

Was it a public street or private? On private property if it says no parking vehicles will be towed that is your own fault. But i guess also if it says no overnight parking what constitutes overnight? 0130 really isn't overnight. Just get with local law enforcement.

[mcsap]

Was it a public street or private? On private property if it says no parking vehicles will be towed that is your own fault. But i guess also if it says no overnight parking what constitutes overnight? 0130 really isn't overnight. Just get with local law enforcement.

Agreed. If a public street and someone THOUGHT that you were there all night, they blew it. You need to find out WHO authorized the tow and demand from them the $200 plus cab fare. Be able to document your times of where you were and what you were doing.

I too think you should be contacting the local PD. It would appear that these guys are " ambulance chasers" who cruise around looking for "vio's and than "offer" to tow them in. They were in effect enforcing a public law that they have NO authority to enforce.

[Joeyd6]

I agree....they would have the best answer. In NY City, the PD has their own towing unit so we doo the twoing unless there was an accident and then then it towed by one of our contract towing companies called Row-tow. It is a list where a few guys pay teh city money to be licensed and on a list. When a tow situation arrives...the first is called....he then goes to the end of the and the next guy is up. But they only tow upon officer request to an accident or for any incident on major highways win which they are the only tow authorized. In NYC, if you break down on one of the highways...your AAA card is worthless. Only certianed "authorized" companies can tow you.

[sammie71]

Thank you for all your advice. I agree. If that street is indeed private property, then things will be more complicated (because of owner's right to tow unwanted cars off of private property). However, I "think" the street is public, which was why I was concerned. I was planning on asking an officer if the street was under their jurisdiction (as far as parking goes) or if it was a private matter.

Just to clarify, it was indeed a sign that said No Overnight Parking. Just to make sure, I went back and took a picture for my records

I do not mind paying the tow fee or any parking citation, if I did indeed violate a private ordinance or a public parking law. However, I feel tow companies who do not even get authorization from a police officer before towing a car (that is not endangering or impeding anyone- nor has it broken any law) on a public street are basically stealing cars and holding them for ransom so to speak.

The company said the had no authorization from an officer nor from a complaining private property owner nor are they agents of the city. They said they saw it and towed it. They claimed it was reported by "night patrol". When I asked who "night patrol" was, they was it was them (the same guys driving the tow truck). I was just curious if this was legal. If it is not a legal practice, then I figured the city might want to know.

Anyways, Thank you all very much for your insight.

[darrell]

I work for a college and I can and have on many occasions authorised a hook for a illegaly parked or aban auto. The city will also let us hook a car parked next to firehidrents, blockign roads, and aban on the 4 streets surrounding the college. Thats it, but I can also hook a car if I don't like how you parked its my diecretion for a cite or a hook. I have been in court for this when a guy wanted me to pay for his tow and the judge said it's his property and he can tow you for any reason.

[Group9]

It sounds like you need to find out if the city authorizes private tow trucks to tow someone on their on just because they see a violation. If they do, there isn't much you can do short of challenge the ordinance. If there is no such authority granted by the city, then there are a multitude of options that would be available to you theoretically.

I feel your pain. I have had to threaten to lock up a couple of tow truck drivers who have tried to tow my unmarked cars off in the past and I have also been part of a raid where we had to go to a tow truck company and forcibly repatriate some of our illegaly towed cars. :D