As a property manager or HOA board member in San Diego, the last thing you need is a lawsuit over a wrongful tow. California Vehicle Code 22658 is notoriously specific, and a simple mistake can turn a necessary vehicle removal into a major liability. Understanding the common pitfalls is the first step to protecting your property and avoiding costly legal challenges.
The number one reason tows get challenged: improper signage
The foundation of a legal private property tow is clear, compliant signage. If your signs don’t meet the strict requirements of CVC 22658, any tow you authorize could be deemed illegal. It’s not enough to simply post a “No Parking” sign and hope for the best. A handwritten note on cardboard or an old, faded sign from a hardware store won’t cut it.
According to California law, each sign must be in plain view at all entrances to the property. It must state that the area is subject to towing at the vehicle owner’s expense. The sign must also include the name and telephone number of the towing company you have contracted with. The lettering for the “No Parking” part and the towing company’s information must meet specific size requirements, typically at least one inch in height.
A common mistake is forgetting to include the local law enforcement agency’s telephone number. This is a non-negotiable requirement. Without it, the sign is not compliant. For a complete breakdown of dimensions, placement, and required text, you can review our guide on private property towing sign requirements in California. An investment in professional, compliant signage is an investment in liability protection.
Not waiting the required time before towing
Patience is a legal virtue when it comes to towing. In most cases, you cannot immediately tow a vehicle simply for being parked improperly. CVC 22658(l)(1)(A) generally requires that a vehicle must be parked for at least 24 continuous hours before it can be towed from a common area of a residential property. This means you must document the vehicle’s presence, wait the full 24 hours, and confirm it hasn’t moved before calling for a tow.
There are, of course, critical exceptions to this rule. A vehicle can be towed immediately, without the 24-hour waiting period, if it is:
- Parked in a designated fire lane.
- Blocking a driveway or entrance/exit to the property.
- Parked in a designated handicapped space without a valid placard or plate.
- Posing an immediate hazard to health or safety.
Misunderstanding these exceptions is a frequent source of wrongful towing claims. For example, towing a car from a regular guest spot after only a few hours would be a clear violation. It’s crucial for property managers to have a clear system for documenting when a vehicle was first observed and verifying the 24-hour period has passed before initiating a tow. Rushing the process is one of the fastest ways to create a case of wrongful towing in California.
Towing from a spot that isn’t clearly marked
Ambiguity is your enemy. A tow can be challenged if the parking violation itself is unclear due to poor lot maintenance or confusing designations. If parking lines are so faded they are barely visible, or if the “Guest Parking” section bleeds into a “Resident Only” area without clear demarcation, it becomes difficult to prove a violation occurred. The burden is on the property owner to make parking rules obvious to any reasonable driver.
This applies to reserved spots, too. A spot designated for “Unit 204” must be clearly and legibly marked. If the paint is chipped and it looks like it could say “Unit 304,” a driver has a plausible defense. The same goes for loading zones or no-parking zones. If the red curb paint is peeling away to gray concrete, you can’t expect a driver to know the rule.
Before authorizing a tow, take a moment to look at the situation from the driver’s perspective. Is the spot’s designation unmistakable? Are the lines visible? Are the rules for that specific spot posted and easy to understand? If there is any doubt, it’s often wiser to issue a warning first. Documenting your property’s clear and well-maintained parking markings with photographs is a powerful tool in preventing and defending against any cvc 22658 violations claims.
Failure to notify the local police department
This is a critical, non-skippable step in the legal towing process. Before the tow truck moves the vehicle, or within one hour of the tow, the property owner or their agent (the towing company) must notify the local law enforcement agency. For properties in the city of San Diego, this would be the San Diego Police Department; for unincorporated areas, it’s the Sheriff’s Department.
This notification is not just a formality. It’s how the state prevents vehicles from being reported as stolen when they’ve actually been impounded. The call must provide specific information:
- A brief description of the vehicle (make, model, color, license plate).
- The exact location from which the vehicle was towed.
- The reason for the tow.
- The name of the towing company and the address of the storage yard where the vehicle will be taken.
When law enforcement receives this information, they can quickly inform the vehicle owner who calls to report their car missing. This de-escalates a stressful situation for the owner and creates an official record of the tow. A reputable towing company will handle this notification as a standard part of their procedure, but it’s ultimately the property owner’s responsibility to ensure it happens. Failure to make this notification is a direct violation of CVC 22658 and can invalidate an otherwise legitimate tow.
Excessive fees and charges after the tow
While property managers don’t set the towing fees, partnering with a towing company that engages in predatory pricing can reflect poorly on your property and even lead to legal complications. California law regulates what towing companies can charge for various services, including the initial tow, daily storage, and after-hours release fees.
A common sign of a problematic towing operation is a complex and inflated fee schedule. This can include exorbitant “gate fees” for picking up a vehicle outside of normal business hours, administrative fees that aren’t legally sanctioned, or charging for services not rendered. While the California Highway Patrol (CHP) helps regulate tow service agreements, it’s wise to work with a local company known for transparency and fair pricing.
If a vehicle owner feels they have been overcharged, they can file a complaint, and this can draw unwanted scrutiny to your property’s parking enforcement practices. The best practice is to partner with a towing provider like Quick Tow San Diego that provides clear, upfront pricing that complies with all state and local regulations. This protects the vehicle owner from predatory practices and protects you from being associated with them.
How property managers can stay compliant with CVC 22658
Navigating the complexities of the California vehicle code for towing from private property doesn’t have to be a headache. The key is to be proactive and systematic. By following a clear process, you can enforce your parking rules effectively while shielding your HOA or property management company from liability.
First, conduct a thorough audit of your property. Walk the entire lot and check every sign. Do they meet all the requirements we discussed? Are they visible and in good condition? This is the single most important step. For a full checklist, refer to our comprehensive article on CVC 22658 private property towing rules.
Second, create a clear, written parking policy and distribute it to all residents. Make sure your rules for guest parking, reserved spots, and prohibited areas are documented.
Third, establish a strict documentation procedure. Before authorizing a tow, take time-stamped photos of the vehicle, the violation (e.g., parked in a fire lane), and the compliant signage. This evidence is invaluable if a tow is ever challenged.
Finally, and most importantly, partner with a professional and experienced towing company. A compliant partner understands the law and acts as a layer of protection. They’ll ensure every step, from police notification to proper storage, is handled by the book. This is where Quick Tow San Diego’s expertise in private property towing becomes your greatest asset.
When to call us
If you manage a property in San Diego County and need a reliable, CVC 22658-compliant partner for private property enforcement, don’t risk working with the wrong company. We provide professional signage consultations, clear communication, and fully-documented tows to protect your property. Call us at (858) 923-5787 for a same-day estimate.