California Vehicle Code Counter-Arguments
California's Vehicle Code provides strong protections against illegal towing. Under Vehicle Code Section 22658, vehicle owners can recover up to four times the towing and storage charges when a tow company violates the law. This page helps you respond to common defenses towing companies use to avoid liability.
| Damage Type | Statute | Amount |
|---|---|---|
| Towing & Storage Overcharges | VC 22658(l) | Up to 4x charges |
| Predatory/Illegal Tow | VC 22658(l) | Up to 4x charges + costs |
| Personal Property in Vehicle | VC 22658(m) | Actual damages |
| Small Claims Maximum | CCP 116.221 | Up to $12,500 |
Even with property owner authorization, the tow company must strictly comply with all Vehicle Code requirements. Authorization from a property owner does not excuse violations of notice requirements, fee limits, or release procedures. The tow company is independently liable for any violations.
Vehicle Code 22658(a) - Even authorized tows must comply with all statutory requirements including proper signage, notification, and fee limits.
Vehicle Code 22658(l) - Tow companies (not property owners) are liable for violations regardless of authorization.
"While the property owner may have requested the tow, this does not absolve your company of its independent obligation to comply with Vehicle Code Section 22658. Authorization from a property owner is not a defense to statutory violations including [specific violations]. Your company remains liable for up to four times the towing and storage charges under VC 22658(l)."
California law has very specific requirements for tow-away signs. Signs must meet strict size, placement, and content requirements. Signs that don't comply with all requirements are legally insufficient, making the tow illegal regardless of whether you saw them.
Vehicle Code 22658(a)(1) - Signs must be at least 17" x 22" with letters at least 1 inch high.
Vehicle Code 22658(a)(1)(A-G) - Signs must include: days/hours of enforcement, phone number for release info, name of tow company, notice of CHP complaint rights, and address where vehicle can be retrieved.
Vehicle Code 22658(a)(2) - Signs must be "conspicuously posted" at all entrances or one sign per every 25 spaces.
"The signage at the location failed to comply with Vehicle Code Section 22658(a)(1) requirements. Specifically, [the sign was less than 17x22 inches / the sign did not include the required CHP complaint notice / signs were not posted at all entrances / there were insufficient signs for the number of spaces]. These deficiencies render the tow unlawful, entitling me to recover up to four times the charges under VC 22658(l)."
Even immediate hazard tows must comply with notification requirements and fee limits. The tow company must still notify law enforcement, cannot overcharge for storage, and must allow you to retrieve personal belongings. If they violated any procedures, damages are still recoverable.
Vehicle Code 22658(a) - Even emergency tows require compliance with notification and fee limit provisions.
Vehicle Code 22658(e) - Law enforcement must be notified within one hour of any tow.
Vehicle Code 22658(k) - Fee limits apply to all private property tows regardless of reason.
"Even assuming arguendo that my vehicle was parked in violation of posted restrictions, your company was still required to comply with Vehicle Code Section 22658's procedural requirements. The violation of [specific procedural violation] entitles me to statutory damages regardless of the initial reason for the tow."
California law sets maximum fees that can be charged for towing and storage from private property. These limits are set by local authorities (typically city or county). Charging above these limits is a violation regardless of what other companies charge or what rates are "posted."
Vehicle Code 22658(k) - Fees cannot exceed the maximum established by the local authority.
Vehicle Code 22524.5 - Storage fees for the first 24 hours are limited; daily storage cannot exceed local maximums.
Civil Code 3068.1 - Lien sale storage fees have separate caps.
"Vehicle Code Section 22658(k) caps towing fees at the maximum rate established by the local authority. The applicable maximum rate in [city/county] is [$X] for towing and [$Y] for daily storage. Your company charged [$Z], which exceeds the legal maximum by [$difference]. This overcharge entitles me to recover up to four times the amount improperly charged."
Tow companies must provide reasonable access for vehicle retrieval. If they failed to notify you properly, were closed during required hours, refused valid payment methods, or made retrieval unreasonably difficult, they cannot charge for storage caused by their own barriers.
Vehicle Code 22658(g) - Must be available for vehicle release during normal business hours and for one hour after the tow during the first 24 hours.
Vehicle Code 22658(i) - Must accept credit cards if the business accepts them for other services.
Vehicle Code 22658(h) - Must provide written notice to registered owner within 48 hours.
"The delay in retrieving my vehicle was caused by your company's failure to [provide timely written notice / be available during required hours / accept credit card payment / other barrier]. Under Vehicle Code Section 22658, you cannot charge storage fees attributable to your own non-compliance with statutory requirements."
Signing a release under duress to retrieve your own vehicle does not waive your statutory rights. You had no meaningful choice - refuse to sign and lose access to your vehicle indefinitely, or sign under protest. California law does not allow tow companies to use coerced waivers to escape liability for illegal conduct.
Civil Code 1542 - General releases are strictly construed and do not apply to claims the releasor did not know about or intend to waive.
Civil Code 1668 - Contracts exempting parties from their own fraud or violation of law are void.
Vehicle Code 22658(l) - Right to recover damages is statutory and cannot be waived by adhesion contract.
"The release I signed to retrieve my vehicle was obtained under economic duress and does not waive my statutory rights under Vehicle Code Section 22658. California Civil Code Section 1668 voids any contract that attempts to exempt a party from liability for violating the law. Your violations of the Vehicle Code cannot be waived by a coerced signature."
Police notification is a requirement tow companies must meet - it doesn't validate an otherwise illegal tow. Police do not "approve" private property tows; they simply receive notification. The tow company remains fully liable for any violations of Vehicle Code requirements.
Vehicle Code 22658(e) - Notification must occur within one hour - this is a requirement, not an approval process.
Vehicle Code 22658(l) - Tow company liability is independent of police involvement.
"Police notification under Vehicle Code Section 22658(e) is a mandatory requirement, not an endorsement of the tow's legality. Law enforcement does not review or approve private property tow requests for compliance with signage, fee, or procedural requirements. Your company's violations of [specific violations] create liability under VC 22658(l) regardless of police notification."
California law requires tow companies to release vehicles within one hour of a tow during the first 24-hour period, without charging additional "gate fees" or "after-hours" surcharges. Many such fees are illegal add-ons not authorized by local rate schedules.
Vehicle Code 22658(g) - Within the first 24 hours, owner can retrieve vehicle within one hour after tow if requested, regardless of business hours.
Vehicle Code 22658(k) - Only fees authorized by the local jurisdiction may be charged.
"The [$X] gate fee/after-hours fee charged is not authorized by the [city/county] rate schedule and violates Vehicle Code Section 22658(k). Additionally, under VC 22658(g), I was entitled to retrieve my vehicle within one hour of the tow without additional surcharges. This unauthorized charge entitles me to damages under VC 22658(l)."
The tow company bears the burden of proving the tow was lawful - not the vehicle owner. They must demonstrate compliance with all statutory requirements including proper signage, authorization, notification, and fees. Without documentation of compliance, the tow is presumptively unlawful.
Vehicle Code 22658(a) - Lists all requirements that must be met for a lawful tow - burden is on tow company to prove compliance.
Evidence Code 500 - Party asserting a right (here, the right to tow and charge fees) bears the burden of proof.
"The burden of proving compliance with Vehicle Code Section 22658 rests with your company, not with me. Please provide documentation showing: (1) proper signage meeting all VC 22658(a)(1) requirements, (2) written authorization from the property owner, (3) timely police notification, and (4) compliance with fee limits. Absent such documentation, the tow is unlawful and I am entitled to statutory damages."
If you had a valid permit, you were authorized to park regardless of whether the tow driver saw it. Tow companies should verify permit status with the property manager before towing, not assume absence of visible permit means unauthorized parking.
Vehicle Code 22658(a) - Requires actual lack of authorization, not merely invisible authorization.
Vehicle Code 22658(l) - Towing an authorized vehicle is a violation regardless of visibility of permit.
"I was authorized to park at this location as evidenced by [my valid parking permit #X / my lease agreement / written confirmation from property management]. Your failure to verify my parking authorization before towing does not excuse towing an authorized vehicle. Under Vehicle Code Section 22658(l), I am entitled to recover up to four times the towing and storage charges for this improper tow."
Compliance with the personal property requirement doesn't cure other violations. Additionally, the law requires immediate access to personal property during business hours without charge for the first retrieval. Charging fees or limiting access violates the statute.
Vehicle Code 22658(m) - Must allow retrieval of personal property during business hours without charge for first retrieval.
Vehicle Code 22658(l) - Each violation creates separate liability; compliance with one requirement doesn't cure others.
"While I acknowledge [you allowed access to personal property / you dispute denying access], this does not cure the separate and independent violations of Vehicle Code Section 22658, including [list other violations]. Each violation creates separate liability under VC 22658(l)."
If a tow company accepts credit cards for any services, they must accept them for vehicle release. Equipment failures are their problem, not yours. They cannot charge additional storage fees caused by their inability to process valid payment.
Vehicle Code 22658(i) - If a tow company accepts credit cards for any tow-related service, it must accept them for vehicle release.
Vehicle Code 22658(l) - Storage fees caused by refusal to accept valid payment are recoverable damages.
"Your refusal to accept my credit card violated Vehicle Code Section 22658(i), which requires acceptance of credit cards for vehicle release if credit cards are accepted for any tow-related services. Your company's website/signage indicates credit card acceptance. The additional [$X] in storage fees resulting from this violation must be refunded, and I am entitled to damages under VC 22658(l)."
Regulates tow companies and investigates complaints about private property tows.
File complaint: (916) 657-7202
Many cities and counties have consumer protection offices that handle towing complaints.
Search: "[Your City] consumer affairs towing"
Sue for up to $12,500. No attorney needed. Filing fee typically $30-$75.
Regulates some aspects of tow truck operations.
Complaint line: (800) 952-5210
Generate a professional demand letter, CA court complaint, or arbitration demand