Unlawful Vehicle Towing Dispute

Summary

In Lancaster, California, vehicles must be left for at least 72 hours before being towed if they are not obstructing traffic or creating a hazard. Immediate towing can occur if the vehicle is deemed a hazard or obstructing traffic. If your vehicle was towed without proper notice, you can file a complaint with the California Highway Patrol (CHP), request documentation, and consider small claims court. Document all evidence and follow up on your complaint. Seek legal advice if necessary.

Full Conversation

My truck was towed from the side of the road for being abandoned but it was there less than * hours. Doesn't it need to be * hours before they can have it towed if it's not blocking the road or on private property?
Hi ****, in California, the rules for towing vehicles can vary by city. Generally:
- Vehicles can be towed if left for * hours or more.
- Immediate towing is allowed if the vehicle is deemed a hazard or obstructing traffic.
Could you specify the city where your truck was towed?
Lancaster
Hi ****, in Lancaster, California:
- Vehicles must be left for at least * hours before being towed if they are not obstructing traffic or creating a hazard.
- Immediate towing can occur if the vehicle is deemed a hazard or obstructing traffic.
Would you like the contact details for the Lancaster Sheriff's Station to inquire further?
I already spoke to both the tow company and sheriff station. The tow company said it was tagged as abandoned by chp and tired but it was not tagged and or given any notice with time to take action about it. I parked it at sunset on Saturday and when I returned just before sunset on Sunday it was gone
Hi ****, it sounds like there may have been a miscommunication or error in the towing process. Here are a few steps you can take:
- **File a Complaint:** You can file a complaint with the California Highway Patrol (CHP) if the vehicle was not properly tagged or given notice.
- **Request Documentation:** Ask the tow company and CHP for any documentation or photos showing the vehicle was tagged.
- **Small Claims Court:** Consider filing a claim in small claims court if you believe the tow was unlawful.
Would you like more information on how to file a complaint with the CHP?
I filed a complaint a week ago, and have been trying to reach the watch commander ever since to have the fees waived. I got the notice/copy of report in the mail today and it has some big errors in it.
Hi ****, it seems like you're facing issues with the report you received. Here are some steps you can take:
- **Contact the Watch Commander:** Continue trying to reach the watch commander to discuss the errors and fee waiver.
- **Request a Correction:** Submit a written request to correct the errors in the report.
- **File a Dispute:** You can file a formal dispute regarding the errors and towing fees.
Would you like information on how to file a dispute or contact details for the relevant authority?
I haven't gotten my truck back yet but I got a letter in the mail from the police for with the abandoned vehicle firm the deputy who had it towed filed. The official report I guess. The thing is the report he filed out ways is a Tahoe, but it's a suburban and it says dispatch was notified that it was on the side of the road at 1800hrs on Saturday Aug 18th. I didn't even break down until *:* pm at that earliest and I have text messages to a friend asking them to come pick me up from the trucks location timestamped *:* pm through to 8pm.. so how was dispatch notified * hours before or broke down?
Hi ****, it sounds like there are significant discrepancies in the report. Here are some steps you might consider:
- **Document Evidence:** Collect all evidence like text messages and timestamps.
- **Submit Evidence:** Present this evidence to the watch commander and request a review.
- **Request an Internal Investigation:** Ask for an internal investigation into the towing process.
Would you like more information on how to request an internal investigation?
i already did that and this is a copy of the email i sent he sheriif, sierra towing and chp
Hi ****, it seems like you've already taken several steps to address the issue. Here are a few additional suggestions:
- **Follow Up:** Regularly follow up on your complaint and request for an internal investigation.
- **Seek Legal Advice:** Consider consulting with an attorney for further guidance.
- **Public Records Request:** You can request all records related to the towing incident to ensure transparency.
Would you like more information on how to file a public records request?
**Date:** August *, * ****** Gunn** * 32nd St W, Apt * Lancaster, California * Email: jgunn40@gmail.com Phone: (*) *-* **California Highway Patrol** * W Ave I Lancaster, CA * Phone: (*) *-* **Sierra Towing** * Division St Lancaster, CA * Phone: (*) *-* **Los Angeles County Sheriff's Department** * W Lancaster Blvd Lancaster, CA * Phone: (*) *-* Dear Sir/Madam, **Re: Formal Complaint Regarding Improper Towing of Vehicle – Vehicle ID 5DEM360** This letter constitutes a formal complaint regarding the wrongful towing of my vehicle, a * Chevrolet Suburban * LS, license plate 5DEM360, on August *, *, from the vicinity of the intersection of Ave H and 10th Street West in Lancaster, California, by Sierra Towing. ### Background: - On Saturday, August *, *, at approximately *:* PM, I parked my vehicle on the shoulder, out of traffic lanes, facing west. - Upon returning to the location on Sunday, August *, *, around *:* PM, I discovered my vehicle was missing. - Sierra Towing informed me that the California Highway Patrol (CHP) had tagged the vehicle as abandoned. ### Issues Raised: **Lack of Notice and Tagging:** - California Vehicle Code * and local regulations require a notice period before towing a vehicle for abandonment. My vehicle received no such tagging or advance notice. - The towing occurred within a *-hour period, denying me, the owner, the opportunity to rectify the situation, even if a tag (which I never saw) had been placed on the vehicle. **Improper Towing:** - The towing was conducted without adhering to the due process mandated for abandoned vehicles. ### Request: **Immediate Release and Waiver of Fees:** - Due to the procedural failures and accruing daily fees of $*, I demand the immediate release of my vehicle without any towing or storage charges by the close of business hours on Tuesday, August *, *. **Investigation and Corrective Action:** - A comprehensive investigation is necessary to determine why standard towing procedures were not followed. I request corrective actions to prevent similar occurrences in the future. As I was directed to the Los Angeles County Sheriff's Department to pay the impound fee for a release, I am uncertain whether the CHP or the Sheriff's Department is responsible. Therefore, I address this complaint to both entities for immediate clarification and resolution. ### Attached Documents: - Copy of DMV registration renewal notice (verifying name, address, and vehicle details) - Proof of insurance - Copy of driver's license I expect your prompt attention to this matter and a written response within one business day outlining the resolution and any steps taken. Thank you for your consideration and immediate action on this urgent issue. Sincerely, **** Gunn
Hi ****,
It appears you've taken thorough steps in addressing your towing issue. Here’s some additional guidance:
- **Small Claims Court:** If you're not receiving a satisfactory resolution, consider filing a claim in small claims court for the towing and storage fees.
- **Department of Consumer Affairs:** File a complaint with the California Department of Consumer Affairs for towing disputes.
Would you like more details on filing a claim in small claims court?