I am posting about an illegal tow that occurred to my husband's vehicle outside our own house after I called to safelist that car that afternoon (you have to do that to live here.). For the record, we did not receive the requisite written notice that the car was in possible violation prior to towing.
We have lived there for over three years. In the past, if anyone has forgotten to safelist the car, which was about three times in three years, we received a warning citation. Otherwise, we have been duly attentive to safelisting every car that might be in danger of violating the street parking requirements of the association.
Yesterday I called about 4-4:30pm to safelist my husband's car as we were doing work in the garage. This morning, we awoke to find the car missing. No note, no warning citation, nothing. (I would note with import that, even had we failed to safelist the car, the proper procedure is to provide a warning citation, which was not provided as required.)
We assumed the car had been stolen. I then proceeded to call Archon Protection no less than SIX TIMES to find out if they had illegally towed the car or whether the car had been stolen. Archon was more interested in covering their "assets" than in calling me back. I had to call tem persistently, reminding them each time that if the car had been stolen, they were wasting valuable time. They obviously knew the car had not been stolen but failed to disabuse me of that notion, which caused undue stress.
I find it appalling that you would a) tow without the requisite citation, violating California Vehicle Code section 22658(b), "the vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice." Moreover, there is no proper notice of the towing rules on the street so as to constitute sufficient notice under 22658 (a) You have not posted the proper signage, nor have you provided the number of local law enforcement and of the towing company as per statute. Your tow of my husband's car, besides being appalling, is more importantly an illegal tow.
You are additionally in violation of the towing statute per subdivision (4), in that the tow truck operator removing the vehicle failed to "immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed." We have never received notice as required, despite living in this community for three and a half years, despite our vehicles being listed with the community, and despite our vehicles being properly registered with the department of motor vehicles. read more