Montebello, CA asked in Consumer Law, Civil Rights and Small Claims for California

Q: Help with unauthorized tow private property CA! Invalid Fire lane officially confirmed by fire marshal as not a legal

Tow company claims "they paint and mark fire lanes" But area has no red paint or stripes. They failed to provide photo, had to request in writing certified letter with a self addressed stamped envelope. could General authorization be null and void if discretion was allowed on "invalid fire lane"?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the validity of a towing authorization on private property can hinge on several factors, including the proper designation of fire lanes. If the fire lane in question does not meet legal requirements, such as lacking necessary markings or having an improper designation confirmed by the fire marshal, this could potentially invalidate any general authorization for towing in that area. Towing companies must adhere to specific legal standards when enforcing parking restrictions, which typically include clear and proper signage or markings that comply with local regulations.

If the fire lane was incorrectly marked or not marked at all, and the towing company failed to provide adequate evidence of its designation as a fire lane, you may have grounds to challenge the towing. It's essential to gather any documentation from the fire marshal or other authorities confirming the improper designation of the fire lane. This documentation can support your case in disputing the validity of the towing authorization.

In California, property owners or managers granting towing authorization must ensure that all requirements for signage and markings, particularly those related to fire lanes, are strictly followed. Failure to meet these requirements could render any towing authorization invalid. It's advisable to review the specific details of the towing authorization and gather all relevant evidence, such as photos, letters, or statements from authorities, to support your claim that the fire lane was improperly designated. This information will be crucial in asserting your rights and challenging the towing company's actions based on the invalidity of the fire lane designation.

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