Private Property Towing Laws in California: The Driver's Guide

If you parked in a private lot and came back to find your car gone, the rules that govern what just happened are in CVC 22658 and the related sections. This guide is the unfiltered version: every requirement the property owner and tow operator had to meet, every exception, and every rule you can use to challenge the tow.

What "private property towing" means

A private property tow is any non-consensual tow from land that isn't a public street or highway. That includes:

• Apartment complex parking lots
• Condo and HOA parking
• Shopping center and mall lots
• Restaurant parking
• Office building lots
• Hotel and motel parking
• Hospital and medical office lots
• Storage facility lots
• Any other privately-owned property where the public might park

Private property tows are governed by CVC 22658, which is one of the longest and most-detailed sections of the Vehicle Code. The legislature has amended it many times in response to predatory tow abuses, and the result is a statute that gives drivers substantial protections — when those drivers know what they are.

CVC 22658(a): The signage requirements

The single most important provision in CVC 22658 is the signage rule. A property owner cannot authorize a non-consensual tow unless the property has signs that meet all of the following requirements:

• Size: at least 17 inches by 22 inches.
• Lettering: at least one inch high.
• Required statement: the sign must state that public parking is prohibited and that vehicles will be removed at the owner's expense.
• Required information: the sign must include the telephone number of the local traffic law enforcement agency AND the name and telephone number of the towing company that has a written general towing authorization agreement with the property owner.
• Location: the sign must be posted at each entrance to the property. For property with a single controlled entrance (like a gated lot), one sign at that entrance is sufficient.

If any of these elements is missing, a tow from that property is unlawful, regardless of how long the vehicle was there or what other reasons the owner had.

A note on the "written general towing authorization agreement"

The signage rule has a less-known companion: the property owner must have a written general towing authorization agreement with the tow operator before any non-consensual tows can occur. This agreement isn't displayed publicly, but you can ask for it. If the property owner doesn't have one, or if the one they have doesn't cover the specific lot, the tow is unlawful.

CVC 22658(g): The owner-return rule

This is the rule predatory operators violate most often. Under CVC 22658(g):

"If a towing operator who arrives at the scene… is provided with the vehicle release, the towing operator shall not tow the vehicle from the property and shall not charge a fee in excess of one-half of the regular towing charge…"

Translation: if you return to your car while the tow truck is still on the property — even if the vehicle is already attached — you have the right to have it released. The operator can charge a drop fee, but it cannot exceed half the regular tow charge.

What "still on the property" means in practice: if the truck has not yet driven off the lot, the rule applies. If the truck has driven away with your car, you've missed the window — though you may still have other claims if the underlying tow was unlawful for other reasons.

Documenting an owner-return violation

If you experienced this and the operator drove away with your car anyway, document:

• The exact time you arrived back at your vehicle (text messages, photos, witness)
• Any conversation with the operator (audio recordings are legal in California with one-party consent in some contexts; check before recording)
• The location of the truck when you arrived (still on the property?)
• Any video from nearby security cameras (ask the property owner — they may not give it to you, but the request itself is documentation)

This is a clean CVC 22658(g) violation and supports a 2x damages claim under 22658(l).

CVC 22651.07: Fee caps and required disclosures

The companion section to CVC 22658 is CVC 22651.07, which controls what tow operators can charge and what they must disclose.

Required disclosures

• Itemized written invoice at the time of release
• Posted fee schedule in plain view at the storage facility
• Acceptance of at least one non-cash payment method (credit card, debit card, etc.) — under CVC 22650.5

Fee restrictions

• After-hours release fees are capped at half the regular tow charge.
• The lot must release vehicles 24 hours a day if the registered owner requests release.
• Storage fees are per 24-hour period, not per calendar date.
• Fees not on the posted schedule are not authorized.

Common violations include: gate fees during normal business hours, "admin fees" not on the schedule, two days of storage when retrieved within 24 hours, cash-only demands at small lots.

The notification requirement

Within one hour after a private-property tow, the operator must notify the local police agency of:

• The location of the tow
• The vehicle (make, model, license plate)
• The location of the storage facility

This is so you can find your car. If you call the local police non-emergency line and they have no record of your tow, that itself is a CVC 22658(l)(1) violation. Document the time you called and the response.

The 2x damages remedy under CVC 22658(l)

If any of the requirements above were violated, the property owner and the tow operator are jointly liable for two times the amount of the towing and storage charges, plus actual damages. This is the statutory remedy that makes private-property tow disputes worth pursuing in small claims court.

The two-year statute of limitations for property damage applies, but practically — file within a year. Evidence gets stale and signage gets changed.

Storage fee limits and the 30-day clock

Under CVC 22853 and related sections, the lot can hold your vehicle and accrue storage charges for up to 30 days before initiating a lien sale (for vehicles valued at $4,000 or less). Vehicles worth more require a court-issued lien sale authorization.

Storage charges in San Diego County typically run $50–$85 per 24-hour period for a passenger vehicle. Charges materially above that range, on a non-consensual tow, are disputable.

How to fight a private property tow

1. Recover the vehicle first

   Pay under protest if necessary. Get the itemized invoice. Photograph the posted fee schedule (or empty wall). Get the name of the property owner who authorized the tow.

2. Photograph the signage at the property

   Every sign at every entrance, with a tape measure if possible. Note any entrances with no sign. Photograph the spot you were parked in.

3. Send a written demand

   Certified mail to both the property owner and the tow company. Cite the specific CVC violation. Demand refund of the towing and storage charges within 30 days.

4. File regulatory complaints

   San Diego City Attorney's Consumer Protection Unit (or your city's equivalent), CPUC Transportation Enforcement Branch, San Diego County DA Consumer Protection Division for unincorporated areas.

5. File in small claims court

   San Diego County Superior Court, up to $12,500. Name both the property owner and the tow company. Demand 2x damages under CVC 22658(l) plus actual damages.

Useful related guides

• California towing laws complete guide
• How much can a tow company charge in California
• Apartment parking and towing rights
• HOA towing rules in California
• Predatory towing in San Diego
• How to get your car out of impound in San Diego

Bottom line

CVC 22658 is the most driver-protective private-property towing statute in the country, but only if you use it. Document the signage, document the fees, send the demand, file the case. None of this is legal advice for your specific dispute — for that, consult a California attorney or a legal aid clinic — but the framework above is the playbook that produces results.