Car Towed Illegally in California? How to Challenge a Private Property Tow

When is a private property tow legal in California?

A private property owner may have your car towed only under one of the conditions in Vehicle Code section 22658(a). The one drivers see is the sign, and the statute is specific about it.

• The sign route. A sign at least 17 by 22 inches, with letters at least one inch high, displayed in plain view at all entrances. It must prohibit public parking, say vehicles will be removed at the owner's expense, and list the phone number of the local traffic law enforcement agency plus the name and number of each towing company under contract.
• The ticket route. Your car got a notice of parking violation and 96 hours have passed since it was issued.
• The disabled-vehicle route. The car lacks an engine, wheels, doors or another major part, the owner notified local police, and 24 hours have passed.
• Single-family homes. The lot holds a single-family dwelling, so no sign is needed.

Even with a proper sign, the towing company needs written authorization from the property owner or lessee (or an employee or agent) who is present at the time of the tow and verifies the violation (section 22658(l)). That paper must list your car's make, model, VIN and plate, the name, signature, job title and phone number of the person authorizing the tow, the grounds, when the car was first seen and when the tow was authorized.

Two exceptions matter. At a residential rental of 15 or fewer units with no on-site owner, agent or employee, the person authorizing the tow need not be present if a tenant verified the violation and gave a signed request or email to tow a car from the tenant's assigned space. And a towing company with a written general authorization may tow cars parked within 15 feet of a hydrant, in a fire lane, or blocking an entrance or exit, but it must photograph the violation first.

Can you stop a tow before your car leaves the lot?

Yes. If you or your agent asks before the car has left the property and is in transit, the tow company or its driver must release it immediately and unconditionally (section 22658(g)). Refusing is a misdemeanor.

If the car is already hooked up or lifted off the ground, the company may charge no more than half its regular towing charge. The full towing charge applies only after the car has left the property and is in transit (section 22658(h)).

What the tow yard must give you before you pay

California gives you several rights at the storage facility, before any money changes hands. Use them in this order:

1. Ask for a photocopy of the written tow authorization. The towing company must provide it before you pay (section 22658(l)(1)(C)). For tows from residential property, the authorizer's personal details are redacted.
2. Ask for the violation photo if the tow was a hydrant, fire lane or blocked-driveway tow under a general authorization. You get a free copy (section 22658(l)(2)).
3. Get the itemized invoice. Before taking payment, the facility must give you an itemized invoice showing the tow location, dispatch and completion times, the hourly or per-item rate, daily storage rate and days stored, and any gate fee as separate lines (section 22651.07(b), (g)).
4. Take the separate wrongful-tow notice. The towing company must hand it over with the authorization copy, and it must give the phone number of the local law enforcement or prosecuting agency to call if you believe the tow was wrongful (section 22658(l)(1)(C)).
5. Collect your belongings. You may remove personal property at no charge during normal business hours, Monday to Friday, 8 a.m. to 5 p.m. (section 22651.07(c)(1)).
6. Pay by card if you want a record. The yard must accept cash or a valid bank credit card in your name and must post a notice saying so (section 22658(k)).
7. Photograph the car and the odometer before you drive off.

Timing affects storage. If you retrieve the car within 24 hours of its arrival at the yard, the storage charge is for only one day (section 22658(i)(2)). Retrieval in the first 72 hours also means no lien fee (section 22651.07(c)(2)). After-hours release fees are capped at half the hourly tow rate, and the yard must normally be within 10 miles of where your car was parked (section 22658(n)).

What does a tow company owe if it breaks the rules?

Section 22658 sets fixed multipliers, and each one falls on a particular party.

Damage is separate. You may recover for damage caused by an intentional or negligent act of the person who ordered or performed the tow (section 22658(d)), and the towing company is responsible for damage in transit and storage.

Example: adding up a wrongful tow

Example (hypothetical): a driver parks in a shopping center lot at 9 p.m. The only sign is at the rear entrance, so the main driveway has none. The car is towed and the driver retrieves it the next afternoon, 19 hours after it reached the yard. The bill shows a $295 tow and two days of storage at $75, for $445. The yard refuses a credit card and insists on cash.

Whether any multiplier applies is for a judge to decide on the evidence. Photos of every entrance, taken soon after the tow, show what the sign situation was that night.

What to put in a demand letter after an illegal tow

Send the letter to the towing company and, when the problem is the sign or the authorization, to the property owner or management company as well. If you are unsure who legally owns a lot or runs a tow business, see how to look up a California business's legal name.

• Date, time and address of the tow, with your plate number.
• What you paid, line by line, from the itemized invoice.
• Each rule that was missed, with the subdivision of section 22658 or 22651.07.
• The exact refund you request and any statutory amount you believe applies.
• A response date and the payment method you want.
• Copies of your receipt, the authorization photocopy and your photos.

If you paid by credit card and the tow was wrongful, a card dispute may also be an option. Our comparison of a chargeback and a demand letter explains how they differ.

Where to complain and when small claims makes sense

Call the number on the wrongful-tow notice. Several towing violations are misdemeanors, and towers must give their records to law enforcement, the Attorney General, a district attorney or a city attorney within 24 hours of a request. Some cities also have their own towing ordinances, so check local rules.

For your money, small claims court handles cases up to $12,500 for individuals, with filing fees between $30 and $100 and no lawyers representing parties at the hearing. Bring a copy of your demand letter, your receipt and your photos. Our pre-filing demand letter guide covers that step.

When an attorney-written towing letter makes sense

Section 22658 spells out the sign, release and fee rules in enough detail that you can write a towing demand yourself. A lawyer's letter fits better when the car was damaged, when several drivers were towed from the same lot, when the property manager and the tow company each blame the other, or when you want the statutory multipliers set out precisely.

With Talk to My Lawyer, a licensed California attorney writes your letter from your receipts, photos and tow paperwork and sends it on your behalf, addressed to both the tow company and the property owner. Deciding whether to sue, and whom, is a conversation to have with a lawyer about your facts.