Unfortunately, our apartment complex is subject to predatory towing companies, and most victims are unaware of CVC § 22658(g) and (h) which I copied below.
My question is....if you intercept the tow process PRIOR to it being "hitched or coupled" (which I would like a more exact definition for, eg. the tow truck has dropped its lifter and is preparing to hook up the car, but has not yet done so, but perhaps the lift bar has been backed into the tires and is touching them, but not yet lifted) I should think it is perfectly legal to enter my vehicle and remove it, or at least sit in it PRIOR to any mechanism, strap, dropbar etc, having touched the vehicle, thereby preventing the tow. I have seen this happen before, when a driver uses intimidating and downright threatening language, telling a car owner they cannot get in their vehicle, even if it is PRIOR to even being hooked up, and they proceed to hook it up and tow away at the owners horror.
Thank you
If you return to your car after
it is hooked up to a tow truck and before it leaves the
property, YOU HAVE THE RIGHT to have the vehicle
released from the tow truck, but you must pay half the
normal towing fee.
IMMEDIATELY AND UNCONDITIONALLY
until the moment that the tow truck drives off the
property. If your car was already hooked up when you
arrived, the towing company has the right to charge
you one half of normal towing charges for a released
vehicle BUT they cannot require immediate payment
as a condition of releasing the vehicle. You must
immediately move the released vehicle to a legal
parking spot
(g) (1) (A) Possession of a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit.
(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.
(C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor.
(2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.
(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
My question is....if you intercept the tow process PRIOR to it being "hitched or coupled" (which I would like a more exact definition for, eg. the tow truck has dropped its lifter and is preparing to hook up the car, but has not yet done so, but perhaps the lift bar has been backed into the tires and is touching them, but not yet lifted) I should think it is perfectly legal to enter my vehicle and remove it, or at least sit in it PRIOR to any mechanism, strap, dropbar etc, having touched the vehicle, thereby preventing the tow. I have seen this happen before, when a driver uses intimidating and downright threatening language, telling a car owner they cannot get in their vehicle, even if it is PRIOR to even being hooked up, and they proceed to hook it up and tow away at the owners horror.
Thank you
If you return to your car after
it is hooked up to a tow truck and before it leaves the
property, YOU HAVE THE RIGHT to have the vehicle
released from the tow truck, but you must pay half the
normal towing fee.
IMMEDIATELY AND UNCONDITIONALLY
until the moment that the tow truck drives off the
property. If your car was already hooked up when you
arrived, the towing company has the right to charge
you one half of normal towing charges for a released
vehicle BUT they cannot require immediate payment
as a condition of releasing the vehicle. You must
immediately move the released vehicle to a legal
parking spot
(g) (1) (A) Possession of a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit.
(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.
(C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor.
(2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.
(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
Towing: Predatory Towing - Rights Regarding Release of Vehicle
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