Monday, March 26, 2012

Private property impound

As many of you know i've been in the towing and recovery business for a while. In this line a work you play many roles to different people. Some see you as the good guy, others hate you. Recently I was asked why I don't do as many P.P.I's (private property impound ) as in years past. As many companies have given our industry a really bad reputation and left a bad taste in many motorists mouths. I will try to clarify some of the misunderstanding you may have.

In 2006, AB2210 moved through the legislative process and was signed into law. That bill made a number of changes to statutes governing the towing of vehicles including setting a number of criteria before a vehicle could be removed. AB2210 became cvc 22953 which conflicted with cvc 22658 that remained in the law books.

Many tow companies have ignored cvc 22953 and have taken advantage of the unaware motorist. Cvc 22953 has also caused many headaches to business owners, why you ask?? Cvc 22953 reads,

(a) An owner or person in lawful possession of private property that is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, or an employee or agent thereof, shall not tow or remove, or cause the towing or removal, of a vehicle within one hour of the vehicle being parked".

What does that mean, you ask? Anybody can park on your parking lot for an hour and not have to come in your store or business at all and you, the property owner, can do nothing about it until their car has been sitting for an hour on your lot. In the meantime your customers have to find parking elsewhere.

Im not taking the side of the tow companies or the motorist here, im informing both sides of something they may not know.  San Diego district attorneys have started pressing criminal charges against tow companies, their drivers, and property owners who violate cvc 22953. Now let me ask you, do you think its fair for you to park in someones lot without you even setting foot in their business while they get prosecuted criminally for having your vehicle towed?? Section 22658 is more detailed and outlines specific rules for tow companies.

Its still a sticky situation as everybody's interpretation is different even my police officer friends will not give me their interpretation of that law. Section 22658 and 22953 still allow for immediate removal of vehicles within 15 feet of a fire hydrant in a handicap space without appropriate placard fire lanes or blocking entrance or exit of a property.

So please be careful where you park and show consideration for business owners. Stay tuned for more information relating to the towing and automotive industry I will try to address any questions and concerns the public might have.

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