Residents of a Mission Valley complex say they have been then victims of unlawful towing ever since their property management company hired EPA K-9 Security & Investigations and Western Towing.
The Mission Heights property near Rancho Mission and Friars Road has a rule: no parking in the visitor spots for more than 24 hours. But many who live there say their vehicles are being towed before the allotted time is up.
Resident Greg Crownover said the problem is the security officers only come around once during that period (around 2 a.m.) and there’s no way for them to know the driver didn’t move the vehicle and re-park it in the same spot. Crownover said the security company is still authorizing those tows.
“They don’t bother to chalk the tires or anything like that,” Crownover said. “[It’s costing us] thousands of dollars. Over 40 cars have been towed in the last two weeks.”
Other residents told NBC 7 Western Towing tow trucks would line up right outside the complex getting ready to tow. They said they’re furious with their property management company.
“You wonder, who are they representing? Are they representing the homeowners or Western Towing and the security company?” said Crownover.
A district manager for FirstService Residential told NBC 7 there was an issue that occurred at the beginning of February but he believes the issue had been resolved. Residents say that is not the case.
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Resident Morgan Cain got his car towed after he parked it just for the night, he said. He went to Western Towing’s tow yard to get his vehicle and was in for a surprise.
“I walk up and there’s like a big group of guys, of people who were like “Hey, so you’re from Mission Heights?’ And I said ‘Yeah, we’re from Mission Heights also,” Cain recalled. Cain said five of his neighbors were at that tow yard.
De Wayne Frost with FirstService Residential sent NBC 7 this statement: “FirstService Residential enforces the rules and regulations of Mission Heights Owners Association at the direction of the Board.”
NBC 7 reached out to Western Towing but have not received a response.
The chief of operations for EPA K-9 Security and Investigations wrote us, saying, “EPA K-9 is contracted by the HOA Board for Mission Heights, for one check nightly. The main concern is parking issues. There is little or no parking for Guest due to residents using the assign visitor spaces. EPAK-9 parking enforcement policy is: check the spaces, record the vehicle make, license plate, time and space the vehicle's parked in mark vehicle and or photograph and return the following night for any violations, contact towing company.”
Crownover, Cain and several other residents said that “once check” nightly is the problem.
“What security is being provided? I don’t see it,” said Crownover.
NBC 7 called the San Diego Police Department’s tow administrator and she gave some useful information to help people prevent unlawful tows of their cars on private property:
1. Your car cannot be towed if you show up and it’s still on the property.
2. The driver may charge you to take down the car if it’s already hooked up.
3. You’re allowed to ask who authorized the tow and where is that person. The person who authorizes the tow has to be on the premises.
4. Tow drivers are not allowed to partially hook up your car, get it off property and then complete the hook up process off property. That would be a violation of two California vehicle codes since it poses a safety concern. At that point, local police may get involved (because it occurred on public property).
5. If your car is towed, the tow yard must not be more than 10 miles from the tow location.
6. The towing company cannot charge you’re their own rates to release cars. Those charges are state regulated.
For the full California Vehicle Code section, visit the DMV’s website.
An HOA meeting for Mission Heights is scheduled for March 4.
