Private Property Towing

No, the person requesting the tow does not get charged. All Roadside Towing has only asked for a fee from the person calling iin the tow a few times in our history. It was when we got called to pick up a vehicle that had been abandoned and stripped. No wheels and tires, no motor, all the glass broken, etc. Then I have to pay to lien it, store it for 30 days, and most likely pay to dispose of the vehicle. So that’s happened maybe 2-3 times in our 12 year history.

Normally, only the registered owner is responsible for the towing and storage bill. However, you can be held liable, civilly, in court, if there is validity concerns. Of course, if there are any validity concerns we won’t tow the vehicle because we could be held liable as well.

22658(f) …A towing company that removes a vehicle from private property in compliance with subdivision (l) is not responsible in a situation relating to the validity of the removal.

It’s not illegal, this is commonly refereed to as a “Drop Fee”, but only if the vehicle being towed is already attached to the tow truck. This means that if it’s going to be loaded onto a flat bed tow truck the winch cable is attached to the hooks and the hooks are already set in place. There should be tension in the winch cable too.

Assuming the tow truck taking your car is a wrecker or wheel lift style tow truck that means the vehicle needs to be hooked with the claws and lifted off the ground. Be careful, while you’re there trying to convince the operator to drop your car, he’s finishing attaching the vehicle to his truck so he can charge you the drop fee. Best thing to do is come armed with the camera ready and take a bunch of shots before you start arguing price or legitimacy of the tow.

If you’re hooked, then they can charge you 1/2 of the tow rate. In San Diego tow rates will be between $220-$330 – so expect to pay $110-$165. Some companies charge hourly for private property towing, so it’s possible that while you’re standing there yelling at the tow operator your price is going up.

Remember this… they cannot take your vehicle if you are present. You have to give them permission to take the vehicle. Whether that is stated, written, or implied… we can’t hook a car with the owner standing there.

22658(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… and before it is removed from the private property.

This is a grey area for Private Property Towing (PPT). 22658(i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following:

(1.) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be, removed,

(2.) or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located.
That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed.

              “Exceeds the greater of the following” This seems as if it were stating whichever is the highest of the two, would be the highest a tow company could charge. The reality is that an impounded vehicle will cost you somewhere in the neighborhood of $340-$500 to recover. Unfortunately, the San Diego Police Department, San Diego County Sheriffs, and California Highway Patrol all have different rates. They even have multiple rates in the same area/region. So figuring our what is excessive will be difficult. But anything over $500 in a 24 hour period is excessive. Daily storage fees over $75 per day are excessive.

“Under an agreement between a towing company” This statement is vague. What if the company does not tow for any law enforcement agencies? Because of this, many companies have chosen to conform to C.H.P. rates, or have followed similar tow companies rates. Unfortunately CHP does not disclose their towing rates This law is open to interpretation, and we recommend seeking council if you plan on pursuing a company for overcharging.

Yes and No – Yes, if you’re multi-family property adheres to certain guidelines:

– The property has approved signs posted at all of the entrances
– or, A parking citation has been issued for at least 96 hours.
– or, The vehicle lacks certain components that would allow for safe passage on the highway (ie. broken windshield, missing tires, heavy accident damage, etc.)
– or, it is not a multi-family property but rather a single family residence.

With that said communities such as, apartment complexes, H.O.A.’s, commercial properties, etc. may very well have contracts with a tow company. If you have towing signs posted, they’re will be a company name at the bottom with a direct number to a tow company. If that’s the case then call the company on the sign. All Roadside Towing patrols a number of communities. Our agreements with these communities vary, some of the communities want us to respond to tenants / residents, some of the communities want us to only respond to calls from property managers, property owners, security, maintenance, etc. but not tenants. A quick call to the property manager or towing company will inform you of what the agreement is.

If there are no tow company names or no signs, then you should contact the property owner or managers. Most tow companies that operate with integrity, will not accept calls from a tenant/resident living on a property they do not have contracted. Chances are the requirements for towing have not been satisfied and they could be legally liable for the tow.

No, if the above requirements aren’t satisfied.

Commercial towing companies in California are required to carry several permits from multiple operating authorities. They are subject to laws and regulations specifically set by:

– The Federal Government through the Department of Transportation (D.O.T.) The DOT has a subdivision the Federal Motor Carrier Safety Administration (F.M.C.S.A.) that issues an operating permit which is reviewed annually and updated bi-annually. The permit # is required to be displayed on the tow truck as evidence that the tow operator has met all FMCSA requirements.

– California Transportation Department (Caltrans) – also issues an authorization / permit which must be acquired from the California Highway Patrol. This permit number must also be displayed and is often called the CA #.

– California Department of Motor Vehicles (D.M.V.) – will also issue a permit, known as the Motor Carrier Permit (M.C.P.) which allows you to be a carrier of commercial goods in California. This permit is issued once. If you cross state lines with your cargo you must also have a Motor Carrier permit (M.C.)

– Local Jurisdictions may have additional requirements for tow trucks operating in their areas.

– Insurance companies will also have requirements from their insured tow truck operations.

California Vehicle Code (C.V.C) 22658 is the “bible” by which towing companies that do private property impound towing must abide by. This section of the vehicle code clearly articulates the rights by which a private property owner may call a tow company for vehicle removal, the rights and regulations that tow companies have and must follow, and the rights of vehicle owners who have their cars towed.

If you have questions regarding your rights as a property owner or the owner of a vehicle that was impounded, please feel free to contact All Roadside Towing at [email protected] or (619) 228-7888.

All complaints go through the local Police, Sheriff or CHP office. You should have received a notice. At the bottom of all our invoices and receipts is the number for local law enforcement in charge of our region. You should also contact the Better Business Bureau.

22658(L)(1)(c)(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.