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What to Do If Your Car Gets Towed Illegally

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Most victims who have their cars towed, whether it’s illegal or not, don’t take the necessary steps to fight back and get compensation. Many don’t even know that that their car was towed illegally. They assume that they were at fault, pay to get their car out, and move on with their lives. In Westervelt v. Beach Cities Towing Services Inc. (BCTS), we see an everyday citizen stand up and make it known that he will not be taken advantage of, and his efforts are being noticed throughout the community.

Case Facts

The plaintiff states that on 10/21/2010 his car was illegally towed from a space behind his garage in Rancho Santa Margarita. No warning or notice was given that this was being done; plaintiff states that the driver clearly made an independent decision to tow his vehicle without a PPI (Private Party Impound) or a fire lane sign being present at the location.

Plaintiff’s Arguments

Defendant’s report states that this towing occurred as a result of a general order to tow from MGMT, with no agent of the property owner present at the time of the tow. No name or phone number of such person being present was shown on the report made by Defendant, nor did anyone call to complain about plaintiff’s car being parked behind his garage. Plaintiff further states that defendant’s report falsely states that his car was parked in a fire lane. Plaintiff states that there is no fire lane sign or a painted curb as required by statue to mark a designated fire lane.

Plaintiff argues that BCTS is relying on an agreement with the former Sonoma Court Management Board of Directors made in and about the year 2004. That agreement pre-dates the predatory towing revisions to CVC 22658. The new statutory towing provisions of the revised CVC22658 makes illegal any attempt to delegate general authority to tow to BCTS, or anyone else.

Plaintiff is asking for compensation in the sum of $200.00 in towing and storage fees, $60.00 in court costs, and punitive damages in the sum of $800.00 or four times the amount of tow charges for a total relief in the sum of $1,060.00.

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The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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