Legal Question in Personal Injury in California

Illegal Towing?

My sons car wouldn't start after getting gas at 9:00 p.m. He asked the gas station worker if he could push it into one of their parking spaces until the next day when he could get the fuses he needed to fix it. He was given permission. Next day at 4:45 p.m. we get there with the fuses and the car has been towed. There are no signs at the gas station regarding parking or towing, in addition to getting permission. The towing company would not tell us who called for them to pick up the car, and insisted on cash to release it. When we got to the tow yard he told us that whoever called had told him the car had been there for 48 hours! I took pictures of the spot where my son had parked (showing no posting) and got the name of the guy from whom he got permission. Seems like I have a pretty good small claims case ($340 to get car out, that had been in for 2 hours!)but need direction on where to find further information, and do I bring the claim against the gas station or the owner of the property? Thanks a bunch.


Asked on 8/19/03, 1:06 am

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Illegal Towing?

Both

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Answered on 8/19/03, 10:05 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Illegal Towing?

You should first check to see if there is a city parking ordinance. If so, maybe the police had the vehicle towed. Before filing, you should send a certified letter to both the landowner and the gas station owner demanding payment. Just explain you position and provide evidence. They will probably deny it, then, you should file. To find out the name of the landowner, you have to go to the county recorders/county assesors office. Take the address information with you and you can find out who the owner of the property is. Also, all you have to do is name the gas station. To find out the owner of the gas station, you can check the secretary of state website, or, the local city business license department. Good luck and thanks for inquiring.

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Answered on 8/20/03, 3:06 am


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