Legal Question in Legal Ethics in California

Illegal impounding of vehicle

I am the owner of a vehicle that was towed from private property. I

researched the vehicle code, and found that the towing company

was in violation of many things, I will be brief. 1. Never notifing me

of the reason for towing even after asking in person. 2. The notice

of pending lien sale stated that it was a police impound, and that

the towing was authorized by a public agency. I spoke with the

police and they said it was a private tow, and that they had nothing

to do with it. 3. The tow company would not accept my valid bank/

visa card, which is a violation of cvc. 22658, 4. The vehicle was

damaged, and tools were stolen while in their possession. This is

very similar to (porter vs city of atlanta) Any suggestions would be

appreciated.


Asked on 11/06/02, 1:40 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Illegal impounding of vehicle

You seem to have researched the relevant law. As a practical matter, do whatever you must to get the car out. If they want cash, show them the code section. If they still won't take your credit card, get cash and get the car.

Then, since it sounds like you would do well in small claims court, file a claim. I assume you read the provision that entitles you to damages equal to four times the amount of [towing + storage] (with a max of $500). Orange County has a great small claims court advisory board. The number is 714.571.5277.

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Answered on 11/06/02, 3:39 am


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