[Home](/) While I was traveling for Thanksgiving 2023, my car was towed. It cost $990 to get it back. This felt like extortion, so I looked into the vehicle code for towing violations, sued the tow company in small claims court, and ended up recovering about half of what I paid. ## Timeline * 2023-11-18. Saturday. I park in the incorrect spot at a friend's place (in the neighbor's spot rather than theirs), and then carpool with the friends to spend Thanksgiving together in LA. * 2023-11-20. Monday. Car is towed by 10:40am. * 2023-11-25. Saturday. I get back from the trip, find my car missing. I call the non-emergency police line to learn where it was towed to. I take an hour and read a lot about towing procedures. To avoid additional fees, I call the tow company to get someone to let me pick up my car (they aren't open weekends). I had to bring my car title to pick up the car. The fees accrued are $990 in total. $270 for the initial tow, $100 per day for 6 days, and a $120 "gate fee" for letting me get my car outside of their business hours. I was expecting somewhere closer to $300. $990 seemed exorbitant. That evening I read a lot about the vehicle legal code, people's experience with tow companies, and how to potentially get some money back. [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22658&highlight=true&lawCode=VEH&keyword=](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22658&highlight=true&lawCode=VEH&keyword=) * 2023-11-27. I posted on [/r/legaladvice](https://www.reddit.com/r/legaladvice). This didn't end up being helpful. [https://www.reddit.com/r/legaladvice/comments/185etlp/ca_process_issues_for_towed_car/](https://www.reddit.com/r/legaladvice/comments/185etlp/ca_process_issues_for_towed_car/) * 2023-11-29. I reach out to Sunnyvale Towing through the [contact page on their website](https://sunnyvaletowing.net/contact-us/). I informed them of four vehicle code violations and requested that they refund me. The violations were: * `22658 (b)` requires written notice to give or cause to be given to me (the registered legal owner of the vehicle). As far as I can tell this was not done. If my housemates had received a letter I could have had one of them get the car much earlier. * `22658 (l) (1) (B)` requires a written authorization for towing (which I believe is the "Authorization of Removal" form which I have a photocopy of). The legal code requires it to include both the time when the vehicle was first observed parked at the private property, and the time that authorization to to was given. In this case it only says one time, 9:40. * `22658 (l) (1) (C) (i)` requires that when the vehicle owner claims the vehicle, prior to payment the tow company gives a photocopy of the written authorization. I did not receive this until after I paid. * `22658 (l) (1) (C) (iii)` requires that a separate form is provided to the vehicle owner giving the contact for a local law enforcement or prosecuting agency, and including specific wording for how to follow up on unlawful towing. I did not receive this. * `22658 (l) (2)` requires that a photograph of the vehicle in the violating parking spot must be taken, and a photocopy provided to the car owner when that person claims the vehicle. I did not see and was not given this photo. * Not in the legal code I looked at, but they also tried to charge a $110 daily storage fee despite $100 being listed on multiple signs around their office. I pointed out the signs and they switched it to $100/d. * 2023-12-14. No response from the tow company. I'm moving apartments and it's the holiday season so I am not paying as much attention to this. I email the local [small claims advisors](https://www.scscourt.org/self_help/small_claims/small_claims_advisor.shtml) for for advice. I tell them about the code violations and how much I should claim if I go to court. * 2023-12-29. Small claims advisors respond: "When deciding how much to sue, you need to figure out how much the Defendant (person you are suing) owes you for payments you have made or that they still owe you. You can sue the party for the amount you think he or she is responsible to pay you as a result of this transaction. You cannot sue someone for money you or the other person has not paid out of pocket yet. If you decide to pay them for the amount they are asking you to pay, you can include the amount you pay in your claim as money owed to you." With the knowledge that I have to prove damages, I do some napkin math: * A blog suggests mail with the same zip code takes ~24 hours for delivery. https://www.postscanmail.com/blog/mail-delivery-time-how-long-will-mail-take-from-zip-code-to-zip-code.html * My car was towed on the 20th. I picked it up on the 25th. Since the car was towed before noon, this should have resulted in a letter arriving the following day. With a letter arriving on the 21st, the car could have been picked up as early as that afternoon. * $100x6 for daily costs * $120 gate fee due to weekend pickup * So I should sue for 4x$100 + $120 =$520 * 2023-12-29. I email mediators to see if I could get this settled out of court. [link](https://www.scscourt.org/self_help/small_claims/alternatives.shtml). This never received a response. * 2024-01-06. I start filling out paperwork for small claims court. Their e-file site is down, so I print forms and do it manually. [forms](https://www.scscourt.org/self_help/small_claims/small_claims_form_packets.shtml) * 2024-01-08. I send another message to Sunnyvale Towing requesting a refund and informing them of my intent to file in small claims, as well as saying that I'm willing to work with them outside the court. This never received a response. * 2024-01-16. I send one final message to Sunnyvale Towing with roughly the same information as the prior two messages. * 2024-01-17. I file three copies of SC-100 at the San Jose Courthouse (191 N First Street). Use [https://parksj.org](https://parksj.org/) for free/cheap parking. I receive two copies back. This form names the defendant (me), plaintiff (agent of Sunnyvale Towing), and says what I'm claiming that I am owed. The agent was found using [bizfileonline](https://bizfileonline.sos.ca.gov/search/business). Filing these forms got the court date: March 14th at 1pm. * 2024-02-01. I give a friend a SC-104 "Proof of Service" form, as well as a copy of the SC-100. The form has instructions to follow, but basically they go to the Sunnyvale Towing office and say "Please give these court papers to foo", where "foo" is the name of the agent. This tells the defendant that they need to go to court. * 2024-02-02. My friend serves the forms to Sunnyvale Towing and gives me back a form stating that they did so. * 2024-02-15. I went back to the SJ Courthouse to file the "Proof of Service" form. It was closed because I arrived after 3pm. Oops. Need to check the [hours](https://www.scscourt.org/documents/courthouse_location_hours_phone.pdf). In retrospect, I think I could have mailed these forms, but I'm not sure about that. * 2024-03-14. For the court hearing, as evidence I brought: * the relevant section of the vehicle legal code. * all three messages I had sent Sunnyvale Towing. * webpage for USPS mail latency for First-Class Mail (it says 1-5 business days). * a summarized timeline of events which showed the per-day cost breakdown, and what the cost could have been had I been notified earlier. * 2024-03-15. I mail the court a requested document (my vehicle registration card) to prove that my address at the time that was on record with the DMV was up to date. * 2024-04-01. I receive a letter saying that I won the case. I have to wait 30 days in case the defendant appeals. The amount is $550, for the $520 claim and $30 that I paid to file legal forms. * 2024-04-29. I call Sunnyvale Towing to ask about how to deal with the settlement. They said to call back the next day to talk to the boss. * 2024-04-30. I call Sunnyvale Towing again and they offered either to refund the credit card I had paid with, or to write a check. I went into their office in person and they refunded $550. * 2024-05-15. I sign the "Notice of Entry of Judgment" form (SC-130) and mailed it back to the court. This just tells them that I received the payment. The delay between this and the refund is because credit card refunds take a few days to process and I left on a trip before it was complete. ## The Hearing Initially the court noted that the Proof of Service was filed to the wrong person, but the defendant said it was the correct one and that the person they had on file was somehow incorrect. The court asked for our evidence so it could be given to the other party to review. Since the case involved a car, they also asked for the title of the car. I hadn't realized that was in question or necessary, but the tow representative provided it. With a tiny laugh, the judge noted that the defendant was submitting evidence for the plaintiff. I suspect if they hadn't done that, we would've had to come back to court on a later date. Since they had it, I'm glad that they provided it. The sheriff in the room took each of our evidence and gave it to each other. We then sat down in the court to review it. My case went up again perhaps 20 minutes later. This time I was asked to provide testimony. I said something along the lines of: It was the weekend before Thanksgiving. I was going to spend it with friends so I drove to their place, parked in what I thought was their parking spot, and then carpooled with them. I parked in the neighbors spot rather than my friend's, so the towing was definitely legal and the right thing to do. The issue is that I was never notified in writing which is required by the vehicle code, and this could have let me retrieve the car earlier. I noted that despite being away from home, I had housemates there who would have let me know if I had received mail, which would have let me leave the trip early to retrieve the car. The judge asked if they would open my mail and I said no. The judge asked where we were staying and I said LA. Then the defendant talked about their normal process which is to notify the police department and asked how I had known to get the car. I confirmed that I had called the non-emergency police line. The defendant said that it was too early for them to provide written notice as I picked the car up within 5 days. They notify when they have a lien against the car. This is when the judge really focused in and grilled her. The judge stated that she handles a lot of towing cases and that they do have access to the DMV registration records and do notify people in writing. The defendant basically reiterated that that wasn't their process. The judge asked how long they had been in business and it was 38 years. The judge asked me to provide my car registration in order to show that the address was current, which I unfortunately hadn't prepared. The judge asked if I was suing for the full towing charge and I said no, only for the duration that if I had been able to pick the car up early. I had provided a timeline as evidence so if they review it later it should be clear. I still couldn't find a picture of my car registration on my phone, so the judge said that I should send that to her by the 22nd and that she would make a judgment by the 25th. I mailed out my registration the following morning. ## The Judgment On 2024-03-31 I received an envelope postmarked 2024-03-29 in the mail from: ``` Superior Court of California County of Santa Clara Family Court 191 N First Street San Jose, California 95113 ``` It contained the evidence I had provided in court, my vehicle registration, and a form SC-130 ("Notice of Entry of Judgment"). This form concluded: "Defendant failed to comply with notice of tow requirements per Vehicle Code section 22658(b). Accordingly, the evidence supports Plaintiff's contention that had Defendant sent notice of the tow to the registered owner, Plaintiff would have known about the tow sooner and would have been able to recover his car sooner thus reducing his storage bill with Defendant." ``` Plaintiff is owed: Demand: $520 Costs: $30 Total: $550 ``` It also said that I need to wait until "the time for appeals ends" before collecting money from the other party. This period is "within 30 days after the date this Notice of Entry of Judgment was mailed or handed to you", so I can't collect until early May. It also notes that as soon as the judgment is paid in full, I must fill out an included form and mail it to the court or I will be fined. On around 2024-04-10 I received another exact copy of the "Notice of Entry of Judgment" form in the mail. This one was postmarked 2024-04-08. I'm not sure why they sent duplicates. ## Collections On 2024-04-29 I called Sunnyvale Towing to ask about the money owed. They said that I would need to talk to their boss who had left for the day. They said to call back the next day between noon and 3pm. On 2024-04-30 I called Sunnyvale Towing and with the person who had represented Sunnyvale Towing at court. They said that they could refund the credit card used for the initial payment, or they could write a check. I went with the credit card refund. This refund didn't immediately show up in my credit card statement online, so I waited to make sure it went through before continuing. It showed up on 2024-05-07. I signed the second page of the "Notice of Entry of Judgment" form, which was titled "Acknowledgment of Satisfaction of Judgment" and simply confirms that I have been paid. It also says that if the form isn't immediately mailed, I will be fined! I mailed this back to the Santa Clara Courthouse at 191 N First Street after I got back from a trip, on 2024-05-15. ## Notes This process as documented above may seem straightforward. It didn't feel that way most of the time. The initial towing in particular was surprisingly stressful and confusing since I had to deal with it after an 8+ hour drive from LA. Digging through the legal code and small claims instructions wasn't too hard, but it also wasn't trivial and took many hours. Filling out forms is a pain. I ended up driving to the courthouse a total of 4 times! In retrospect I suspect I could have filed some forms by mail, but I think two trips at minimum are required: for the initial filing and for the court date. I felt like I wasted a significant amount of time on this, but at least now I know how to do small claims court. I think the real issue here is how are towing fees this high. A surprise $1k fine feels very bad for me, and I'm sure it could be financially crushing for many people. For comparison, the New York City police lists its towing fees ([https://www.nyc.gov/site/nypd/services/vehicles-property/towed-vehicles.page](https://www.nyc.gov/site/nypd/services/vehicles-property/towed-vehicles.page)): * $185 tow * $20 per overnight storage That is NYC where parking is at a premium, so in my mind storage fees should be higher there. Here in Sunnyvale it's: * $270 tow * $100 per day * $120 to retrieve your car outside of business hours (8am-5pm M-F, closed weekends). and in San Francisco ([https://www.sfmta.com/getting-around/drive-park/towed-vehicles](https://www.sfmta.com/getting-around/drive-park/towed-vehicles)): * $293 administrative fee * $286 tow fee ($100 if low income) * $74 per day I'm sure NYC has many more tows happening so there's some economy of scale, but there's no reasonable justification for such high fees.