My parking pass was on the dash board of my car & it was still towed. My plate and registration is on file with the complex and no one notified me. There was no notice on my car 96 hours prior to tow (according to the CA DMV this is required). I found out when I called to report my car stolen since I had my pass in my car. The tow won't show me video that I had no pass and the complex says they are not responsible. I have a witness that my pass was in my car where I park EVERYDAY for the 7 months I've lived there so my car could not have been mistaken for a new comer with no pass. I would like to re-coop the $307 I had to pay to get my car considering I have a pass and my information is on file. Who is in the wrong? The night security or the complex?
Please contact me confidentially through AVVO or on my inquiry form at http://kindsvater.com with the name of the tow company and nothing else.
Be advised my office represents a tow company operating in your area, so this is either to see if my client can help you, or this might be a rogue operation already being investigated.
This is not legal advice but only general information. No attorney-client relationship is created without a written and signed retainer. I do not know all the facts of your specific situation, which will affect this general post. You can get more information at my websites: http://kindsvater.com http://internetmarketinglawcenter.com
I don't represent tow companies like the attorney above, so I have no conflict. It sounds like you live in either an apartment or some sort of a home owners association since you used the term "complex" and "parking pass". This is important because here in HB we has parking passes issued by the City.
The private "parking pass" concept is contractual in nature. Through either a lease or CC&R's a tenant or member has contractually agreed to not park without a pass. In turn, the complex contracts with tow companies to tow cars that do not has the coveted parking pass. All tow companies need the permission of the landowner or lessee of the land to tow a car off of private property. Permission is generally given through the contacts with the tow companies. Someone had to give permission to tow.
I am aware of at least one complex in this area that appears to enjoy a profit from this type of activity.
Either the two company or the complex or both is responsible as the tow company either converted your car (the civil version of stealing) of the complex gave permission when they should not have.
If you want some confidential advice for free, call the office and make an appointment and I will sit down with you and figure it out.
Kevin A. Spainhour, Esq. Spainhour Law Group www.slglawyer.com.
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