📋 What is Illegal Towing in California?
California has some of the strongest consumer protection laws against illegal towing in the nation. Under Vehicle Code 22658 and Civil Code 3068-3074, tow companies must follow strict procedures before, during, and after towing a vehicle from private property. Violations can result in the vehicle owner recovering up to four times the towing and storage fees, plus attorney fees.
When to Use This Guide
Use this guide if you experienced any of the following:
🚫 Improper Authorization
Vehicle was towed without proper signage, authorization from property owner, or 1-hour parking requirement
💰 Excessive Fees
Tow company charged more than the CHP-approved maximum rates or added unauthorized fees
📄 Notice Violations
No lien sale notice, improper notice timing, or failure to report tow to police within 1 hour
🔒 Access Denied
Tow yard refused to release vehicle, demanded cash only, or would not allow retrieval of personal property
👍 What You Can Recover in Illegal Towing Cases
- Return of fees paid - Full refund of towing and storage charges
- Up to 4x penalty - Four times the towing and storage fees for willful violations
- Actual damages - Lost wages, rental car costs, and other out-of-pocket expenses
- Property damage - Cost to repair any damage caused during towing
- Attorney fees - In successful cases, the tow company pays your legal costs
Types of Towing Violations
🚫 Signage and Notice Violations
▼Under Vehicle Code 22658(a), parking lots must have clearly visible signs stating that parking is prohibited, the telephone number of the tow company, and that vehicles will be towed at the owner's expense. Signs must be at least 17"x22" with 1-inch lettering, posted at each entrance and at least every 25 feet.
🕑 Timing Violations
▼For private property tows (except blocking access or fire lanes), the vehicle must be parked for at least 1 hour before it can be towed. The tow company must also report the tow to local police within 1 hour of completing the tow. Failure to meet these timing requirements makes the tow illegal.
💰 Excessive Fee Violations
▼Tow companies cannot charge more than the rates filed with and approved by the California Highway Patrol. They cannot charge a drop fee if the owner arrives before the vehicle leaves the property. Storage fees cannot begin until the vehicle is in the storage facility. Gate fees, after-hours fees, and other add-ons are often prohibited.
📄 Lien Sale Violations
▼Under Civil Code 3068-3074, before selling your vehicle at lien sale, the tow company must provide proper notice to the registered owner, legal owner, and DMV. They must wait at least 15 days after the notice is mailed. Failure to follow these procedures means they cannot sell your vehicle and may owe you damages.
⚠ Act Quickly
Storage fees can add up quickly - often $50-100 per day. If you believe the tow was illegal, retrieve your vehicle as soon as possible (paying under protest), document everything, and then pursue your claim. You have 3 years to file a lawsuit, but evidence becomes harder to gather over time.
⚖ Legal Basis
California law provides strong protections against predatory towing. These statutes form the basis of your claim.
Key California Statutes
California Vehicle Code Section 22658
The primary statute governing private property towing. Requires proper signage (17"x22" minimum, 1-inch lettering), written authorization from property owner, 1-hour parking requirement for most situations, police notification within 1 hour, and allows 4x damages for willful violations.
Civil Code Sections 3068-3074 (Lien Sale Law)
Governs how tow companies can obtain and enforce liens on vehicles. Requires specific notice procedures, waiting periods, and DMV filings before any lien sale. Violations invalidate the lien and may create liability for wrongful conversion.
Vehicle Code Section 22651.07
Requires tow companies to accept credit cards and cannot require cash-only payment. They must post their rates conspicuously and cannot charge more than the CHP-approved maximum rates. Violation is grounds for recovery.
Vehicle Code Section 22658(l)
Provides the 4x penalty: "A person who violates this subdivision is liable to the owner of the vehicle... for four times the amount of the towing and storage charges." This applies to willful violations of the towing requirements.
Required Signage Elements
📋 Size Requirements
Minimum 17 inches by 22 inches with at least 1-inch high lettering
📍 Location
Posted at each entrance and at least every 25 feet
📞 Content Required
Must include tow company name, phone number, address of storage facility
💡 Visibility
Must be conspicuous and visible at all times (illuminated if lot is open at night)
Elements to Prove Illegal Tow
- Your vehicle was towed - From private property by the tow company
- Violation occurred - Signage, timing, authorization, fee, or notice violation
- You paid fees or suffered damages - Towing, storage, or related costs
- For 4x damages: willful violation - The tow company knowingly violated the law
💡 The "Drop Fee" Rule
Under Vehicle Code 22658(g), if the owner arrives before the vehicle is removed from the property, the tow operator must release the vehicle without charge. If the vehicle has been hooked but not removed, the operator may charge a maximum of one-half the regular tow rate. Many illegal drop fees have been collected and can be recovered.
✅ Evidence Checklist
Gather this evidence before sending your demand letter. Click to check off items as you collect them.
📷 Photos and Documentation
- ✓ Photos of all parking lot signs (or lack thereof)
- ✓ Photos showing sign size, content, and location
- ✓ Photos of your parking spot and surroundings
- ✓ Any damage to your vehicle (before/after if available)
💰 Receipts and Records
- ✓ Tow receipt with itemized charges
- ✓ Storage receipt with daily rates
- ✓ Credit card or payment records
- ✓ Alternative transportation costs (Uber, rental car)
📝 Official Records
- ✓ Police tow notification report (request from PD)
- ✓ CHP-approved rate schedule for tow company
- ✓ Tow company license and business registration
- ✓ Property owner tow authorization (via subpoena if needed)
🕑 Timeline Evidence
- ✓ Time you parked (credit card, phone location, witness)
- ✓ Time vehicle was towed (tow company records)
- ✓ Time police were notified (police records)
- ✓ Witness statements with contact information
🔒 Get the Police Tow Report
Request a copy of the tow notification from local police. Tow companies must notify police within 1 hour. This report shows exactly when police were notified. If notification was late or never made, the tow is illegal. Many tow companies fail to meet this requirement.
💰 Calculate Your Damages
Under California law, you can recover significant damages for illegal towing. Here is what you may be entitled to.
| Category | Description |
|---|---|
| Towing & Storage Refund | Full refund of all fees paid if the tow was illegal |
| 4x Statutory Penalty | Four times towing and storage charges for willful violations (VC 22658(l)) |
| Transportation Costs | Uber, Lyft, rental car, or other costs while vehicle was held |
| Lost Wages | Income lost due to missed work while retrieving vehicle |
| Vehicle Damage | Repair costs for any damage caused during towing |
| Attorney Fees | Prevailing party in towing cases typically recovers legal fees |
💰 The 4x Penalty
Under Vehicle Code 22658(l), for willful violations, you can recover four times the towing and storage charges. If you paid $500 in towing and storage, that becomes $2,000. This multiplier applies to the base charges, and you can also recover other actual damages on top.
📊 Sample Damages Calculation
Example: Vehicle Illegally Towed from Apartment Parking
💡 Pay Under Protest
If you need your vehicle immediately, pay the fees to retrieve it, but clearly state you are "paying under protest" and believe the tow was illegal. Get a receipt. This preserves your right to sue for recovery while minimizing additional storage fees.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do after sending your demand letter and understanding your options.
Immediate Actions
📌 Retrieve Your Vehicle First
If you haven't already, retrieve your vehicle to stop storage fees from accumulating. Pay under protest and get a detailed receipt. Take photos at the tow yard. Then pursue your legal claim for recovery.
Timeline of Actions
Days 1-3
Retrieve vehicle, document everything, photograph parking lot signs and tow yard
Days 3-10
Request police tow report, CHP rate schedule, send demand letter
Days 10-25
Wait for response, consult attorney if no response or inadequate offer
Days 25+
File small claims (up to $12,500) or civil lawsuit for larger amounts
If They Dont Respond or Settle
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File in Small Claims Court
For claims up to $12,500 (including 4x damages), small claims court is quick and inexpensive. You don't need an attorney. Bring all your documentation, photos, and receipts.
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File a Civil Lawsuit
For larger claims or to recover attorney fees, file in Superior Court. Many consumer attorneys take towing cases on contingency because prevailing plaintiffs recover fees.
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Report to Regulators
File complaints with the Bureau of Automotive Repair (BAR), California Highway Patrol, and local city/county business licensing. Multiple complaints can lead to license revocation.
Need Legal Help?
Illegal towing cases often result in significant recovery. Get a 30-minute strategy call with a consumer protection attorney to evaluate your case.
Book Consultation - $125California Resources
- Bureau of Automotive Repair: bar.ca.gov - Regulates tow companies
- California Highway Patrol: chp.ca.gov - Tow rate schedules and complaints
- CA Attorney General: oag.ca.gov - Consumer protection complaints
- Small Claims Court: courts.ca.gov/selfhelp-smallclaims - Filing information
- State Bar Lawyer Referral: calbar.ca.gov - Find a consumer protection attorney