My question involves a traffic ticket from the state of: California
Case: I live in an apartment complex and had a friend coming over two days ago. She parked at a visitor spot for about 2 hours and got towed, due to not having a guest parking pass and the car not being registered as a guest car (there are signs at all entrances etc.). So far, so good - the reason why the got towed is understandable. Therefore, my two questions are regarding the towing process (!), not the towing itself. Since our complex tows about 5 cars per day, usually in the evening when it gets dark, I was suspicious on how they operate.
Facts: Our property management outsourced the parking management, meaning there is a third party involved that regulates parking. We, as the renters, never signed the contract with them as I found out yesterday (either because we never got it or my roommate just forgot, no one ever asked us about it again). I looked up the Californian vehicle code and asked the parking management for the authorization letter - he started yelling at me, saying that something like this doesn't exist. The towing company only gave us the receipt for paying, we requested all documents they have yesterday and are still waiting for them...
My two questions:
1. Does it change anything that we never signed the contract with the parking management?
2. Can our property management as the owner of the property authorize another 3rd party to authorize the towing process? In my understanding a person of the property owner needs to be present to authorize.
Law says: "A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property."
I'm happy about any advice! Thanks.
Case: I live in an apartment complex and had a friend coming over two days ago. She parked at a visitor spot for about 2 hours and got towed, due to not having a guest parking pass and the car not being registered as a guest car (there are signs at all entrances etc.). So far, so good - the reason why the got towed is understandable. Therefore, my two questions are regarding the towing process (!), not the towing itself. Since our complex tows about 5 cars per day, usually in the evening when it gets dark, I was suspicious on how they operate.
Facts: Our property management outsourced the parking management, meaning there is a third party involved that regulates parking. We, as the renters, never signed the contract with them as I found out yesterday (either because we never got it or my roommate just forgot, no one ever asked us about it again). I looked up the Californian vehicle code and asked the parking management for the authorization letter - he started yelling at me, saying that something like this doesn't exist. The towing company only gave us the receipt for paying, we requested all documents they have yesterday and are still waiting for them...
My two questions:
1. Does it change anything that we never signed the contract with the parking management?
2. Can our property management as the owner of the property authorize another 3rd party to authorize the towing process? In my understanding a person of the property owner needs to be present to authorize.
Law says: "A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property."
I'm happy about any advice! Thanks.
Towing: Who Can Authorize the Towing Process
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