Any lawyers in the house?

[naaman]

Hey guys, I have a problem, and I'm wondering if anyone can tell me whether I have a case:

I've been keeping my car at my mom's house in Marina Del Rey (I live in the valley, and because of my work, having two cars is a pain and unrealistic).

Now, it has been parked in a parking structure at the apartment building which has a sign posted that says any vehicles parked longer than 48 hours are subject to towing at vehicle owner's expense. Now, many cars that are parked where my car is parked have been there longer than mine has been. Some of the ones that were there when I last saw my car are still there. I left it at the very top of the parking structure where only about 20% of the spots are ever occupied anyway. For a long while, noone ever complained about my car being there, and I guessed based on the seemingly permanent presence of the other 10-15 cars up there that it was okay as long as my car stayed out of the way.

I found out today that it was towed.

My car was parked longer than 48 hours, so that much is my fault. However, I never received notice from whomever (is supposed to notify me) that my car had been towed. So, when I went up there today to do some work on it, lo and behold, it's gone (along with many of my personal effects inside). So, after making a few phone calls to find out where it went, I find out that the towing company SOLD my car!

Can they do that? As far as I know, my car was sold to another business, not an individual. Do I have any hope of getting my car back?

 

[nkb]

So, after making a few phone calls to find out where it went, I find out that the towing company SOLD my car!

Can they do that? As far as I know, my car was sold to another business, not an individual. Do I have any hope of getting my car back?

I'm not a lawyer, but, how can they sell a car without the title? Even when you bring your car to the salvage dump, they require a signover of the title. Sounds bogus to me.

 

[MsKadyB]

I had a friend who's family owned a towing company. They said if a car was towed and wasn't claimed in the next 30 days, it became their property. I'm not sure if it meant that they notified the owner of the vehicle or not. You might have a case since you weren't notified.

 

[RSO 34]

I am not licensed to practice in California so my questions/comments should not be taken as legal advice. However, in order to assist any California attorneys who may be reading this thread, the following questions come to mind:

1. How long was the car parked in the garage since the last time you checked on it?

2. Were any other rules posted aside from the fact that cars would be towed?

3. Did the garage require any rents/fees to be paid by persons parking their cars there?

4. Were any other cars towed/"sold" at the same time?

5. Were any of the monies from the "sale" given to the garage?

6. Have you checked the latest title information in your local motor vehicles department for that car to see if there has been a change?

If you car had been towed a while ago, the towing company may have sold it to cover the storage charges on an unclaimed vehicle. You would need to check California law regarding the notice requirements for such a sale.

 

[naaman]

That is helpful. Thanks so much. The towing company said that they put a lien on my vehicle while on the phone with them. They also sold it for less than $4000.00

I just pulled this off of the DMV website:
Definition of a lien sale.

If a person has repaired, furnished supplies or materials, towed or stored a vehicle AND has not been paid for the services rendered, that person has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services.

If the vehicle is towed by a public agency or private towing company, the lien arises when the vehicle is towed or transported. The lien may be satisfied by selling the vehicle through the lien sale process.

To conduct a lien sale, the person/lienholder must have possession of the vehicle and have lien sale authorization from DMV. Interested parties, including the registered and legal owners of record will be notified before the sale occurs.

If the vehicle's value is $4,000 or less, the registered and legal owners of record will be notified by the party conducting the lien. If the vehicle's value is greater than $4,000, DMV notifies all interested parties. You can call (916)-657-7617 between the hours of 8 a.m. and 5 p.m. if you have questions regarding lien sales.

 

[PHOEN$X]

Oh man, that's gotta be right up as one of any automobile enthusiast's worst nightmares. But you probably shouldn't disclose too many details here, it might be used against you later on if you take the matter to court. Get in touch with legal experts and communicate with them privately, then give us an update once the matter is resolved.

Good luck!

 

[RSO 34]

Here are your local DMV requirements for a tow from private property:

Removal From Private Property


22658. (a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation.

(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.

(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.

(4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.

(b) The person causing removal of the vehicle, if the person knows or is able to ascertain from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall 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. If the vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of the garage. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal. If the person does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the person causing removal of the vehicle shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property.

(c) This section does not limit or affect any right or remedy which the owner or person in lawful possession of private property may have by virtue of other provisions of law authorizing the removal of a vehicle parked upon private property.

 

[steveny]

Re: Re: Any lawyers in the house?

I'm not a lawyer, but, how can they sell a car without the title? Even when you bring your car to the salvage dump, they require a signover of the title. Sounds bogus to me.

Mechanics lien. The 4,000 dollar cut off and the 4,000 dollar sale price makes me think someone may have planned the whole thing.

 

[RSO 34]

Here is another section which appears to apply to you:




Lien on Stored Vehicle

22851. (a) (1) Whenever a vehicle has been removed to a garage under this chapter and the keeper of the garage has received the notice or notices as provided herein, the keeper shall have a lien dependent upon possession for his or her compensation for towage and for caring for and keeping safe the vehicle for a period not exceeding 60 days or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3068.1 of the Civil Code within 30 days after the removal of the vehicle to the garage, 120 days and, if the vehicle is not recovered by the owner within that period or the owner is unknown, the keeper of the garage may satisfy his or her lien in the manner prescribed in this article. The lien shall not be assigned. Possession of the vehicle is deemed to arise when a vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations that have been requested by a law enforcement agency have begun at the scene.

(2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the towing company the towing charges.

(b) No lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner’s authorized agent upon demand and without charge during normal business hours. Notwithstanding any other provision of law, normal business hours are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays. A gate fee may be charged for returning property after normal business hours, weekends, and state holidays. The maximum hourly charge for nonbusiness hours releases shall be one-half the hourly tow rate charged for initially towing the vehicle, or less. The lienholder is not responsible for property after any vehicle has been disposed of pursuant to this chapter.

 

[KGP]

Re: Re: Re: Any lawyers in the house?

. The 4,000 dollar cut off and the 4,000 dollar sale price makes me think someone may have planned the whole thing.

My thoughts exactly. Kind of like legalized theft.

 

[steveny]

Re: Re: Re: Re: Any lawyers in the house?

My thoughts exactly. Kind of like legalized theft.

...And the car was sold to another shop. That pretty much confirms my suspicions.

 

[paulviriyapan]

Please state how long had the car been with the tow company.

 

[naaman]

^^You have PM.

 

[nkb]

Again, I am no lawyer, but this sounds like a scam that tow companies would take advantage of a lot more, if it were that easy. And we all know that a lot of tow companies aren't exactly the most honest outfits.

There must be something about this whole procedure that a lawyer can hook into, for example, selling a car for $4000 when the fair market value is well above that amount.
Also, I wonder what the rules are for the tow company selling to one of their buddies, which I'm sure happened.

Not to sound like one of those "I told you so" types, but you're taking your chances anytime you park where a sign says you may get towed. It's very often a money-making scheme for the towing company, and the business that owns the parking lot (which gets kickbacks).

Scary situation, if it's this easy.

 

[CokerRat]

Naaman, I really feel for you. That's absolutely outrageous.

 

[AaronR]

Any resolution yet?

 

[naaman]

I'm not sure whether I should discuss any progress or lack thereof in a public forum...

 

[mickeylex]

wait

If you are not sure if you should discuss the progress in a public forum, then it is safer to not discuss. You might condsider holding off discussing the progress and post the outcome once you have resolution.

 

[soon2own]

Any update on this?

 

[gheba_nsx]

Oh, people, this is incredible!!! I hope everything turns up for you soon... Please update us once the case is solved!

 

[naaman]

It's going to be a while. I've gathered all sorts of info and have been doing my homework on it.

 

[soon2own]

Any chance you will get the car back? Do you know if it is being driven, and if so by whom?

 

[naaman]

Not likely that I can get the same car back because the person who bought it did so "in good faith" (i.e. assuming that it was a legal sale) under the law.

 

[gheba_nsx]

He paid below 4k and he was in "good faith"???

 

[soon2own]

Its been 5 months, any resolution?