Legal Question.....

dr. freeze

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my car got towed this morning....here is the deal....

At my apartment complex, I bought a reserved spot a month ago.

Last weekend, for some unknown reason, my sign was taken down (at the place were I am supposed to park)

So, I go in and complain on Tuesday, and they say they will get my sign back up. Nothing happens. I go in on Friday, and complain...they say they will get someone right on it. Nothing happens.

Last night, I park in the reserved spot next to mine, since there is no number on the sign -- i figure that anyone can park there who has paid for a reserve space (i figure that the only places i can't park are the reserved spot with specific numbers on them)

I wake up this morning to go to church, and my car is towed. I am pretty upset.

I think it is ridiculous that some towing company can come tow my car. That should be considered stealing. They should be held accountable, since I had a sticker on my car -- for a reserved spot -- and was parked in a unspecified reserved spot. Now I sit here wondering where my car is, and the apartment people say that they are trying to contact the towing company, and that they feel responsible for this matter, but the towing company won't answer their phone. While I just sit here on my ass.....

Do I have grounds?????
 

THE KOD

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no grounds worth paying a lawyer. Hey maybe we could recruit Haskell to represent you for free.

Lifes incidents sure can be a pain in the ars though. Get the manager to find your car and return it at no cost to you. They seem to be accepting they erred. Someone had to make the call to tow it. Towing companies dont just show up looking for cars parked illegally.

Good Luck !


Scott-Atlanta
 

dr. freeze

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btw, if you are wondering why i can't part in my spot, it is because my reserved sign is down so anyone can park there....

also...i just can't stand these towing companies....they are like vultures and get absolutely nothing postive done for society....they just create hassle....

absolutely ridiculous that they can come tow your car....i do not see any difference between this and thievery
 

fatdaddycool

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was a sign posted or is there anything in the associated rental agrrement or deed restriction allowing violators to be towed. Also it may behoove you to find out how towing company was notified, whether it be by drive by or what ever.

Me personally I would find out who is assigned to that spot and whip his ass on general principle if he called in the tow and didn't give an oppurtunity to move it. I am curious though was your regular spot filled and if so why werent they towed?
 

dr. freeze

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my regular spot was filled because my sign was taken down.....i had been on the apt people for the last week to put it back up and they never did....

most signs have numbers on them as we are assigned numbers....some signs do not.....i parked in one that did not have a number since my spot was taken and a sign was not back up....

regardless, i have a sticker on my car that says i have reserved parking.....the towing company should have seen that.....
 

fatdaddycool

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I would scream bloody murder and insist that the towers make reparations to you ...you had a sticker and seemed to be legal. I hate tow companies, when you need them they get there two hours laters, run into a building to drop off a letter and your car is gone
 

MadJack

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the towing company doesn't answer the phone because they're out riding around in your car for the rest of the day. i heard they took it to vegas :D
 

AR182

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I am not an attorney,but have experience dealing with similar matters.I would put everything in writing.A letter should go to the management company trying to get them to acknowledge that they failed to live up to their end of the agreement by failing to replace your sign.A copy of this letter going to the owner of the apt. complex.I would also mention that the spot that you parked in had no sign so you felt it was appropriate to park there.One thing I would make sure to write is that I hope I don't have to pay for your employees incompetence.I would sound pissed without being nasty.

Good Luck.

Jack said that your car may be heading to Vegas.I think it just passed my house(lol).
 

ferdville

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Sounds like your problem is really with Property Management people, not tow company. Tow company probably has standing agreement to tow under certain conditions. However, at least in California, a representative of the property owner is supposed to sign off for the tow. They can't just come out and tow it on their own unless police tell them to. If they were acting on property owner's authority, someone might have had to sign off. Of course, your state might be different. I would put everything down clearly, forcefully, and chronologically and send copie via certified mail or hand delivery to tow company and property managers. State your claim for compensation and that you expect it done in a timely manner. Or...call Eddie Haskell a.s.a.p. If he is a good guy, I can't imagine that he won't get on the phone and have this taken care of before this hits the board. Good luck.
 

Simply In The Red

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Scott-Atlanta said:
Someone had to make the call to tow it. Towing companies dont just show up looking for cars parked illegally.

Around here, the towing companies do should up looking for illegally parked cars to tow away. I have stayed at different complexes and you can here the tow trucks come through at all hours of the night looking for cars. If you get towed, you have to pay the full tow rate and storage of the vehicle. BTW, the storage facility is on the outskirts of the city, so the tow trucks like to check the opposite side of the city and get their victims for the mileage charge.
 

yyz

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I hate to be a wet blanket here, but you took it upon yourself to park in someone elses spot. You had no right to do that, right? I mean.....it wasn't that persons fault that your sign got removed.

Wouldn't you be pissed if they did that to you?

I think you will have a hard time getting the landlord to pony up some cash for this one.
 

Heater

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Well when you said:

"Last night, I park in the reserved spot next to mine, since there is no number on the sign", I think that seals the deal.

After all parking in some one else's spot is dishonest, so just pay the towing charge. I mean there is no denying you did it, so instead of trying to weasel out of responsibility, just accept the penalty.

Maybe a better solution would have been to park directly behind the person who took your spot so they could not get out untill you moved your car. That way, they would have had to get you and you could make it clear that they should not park in your space. That is what I used to do - and it worked pretty well. especially when I made them wait 10 minutes while I put on my shoes, brushed my teeth . . .
 

nighthorse

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i think he was saying the spot he parked in was reserved, but "unmarked" by a number....therefore, it was "open" reserve.....just like his own spot was since it also was not marked with a number.

I don't see any weaseling here......If the description is correct, then I don't believe he did anything wrong. I think he has a point.

Here in Kansas, it's strictly the property owners call. A tow truck must be called out to a property. Tow trucks indiscriminately driving around looking for illegals would not be tolerated around here.....that's the police's job.
 

TheShrimp

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dr. freeze said:

also...i just can't stand these towing companies....they are like vultures and get absolutely nothing postive done for society....they just create hassle....

First of all, they tow your car when you break-down.

Second of all, try driving to work through a city someday with a SINGLE illegally parked car on the side of a busy two-lane street. See whose side you come down on, the car-owner or the guy towing his selfish ass.

There's some yuppie-bitch Jeep Cherokee owner on my route home who apparently gets home around 5:30pm and leaves his car in the no-stopping zone (until 6:00 pm) forcing two lanes of traffic to become one at that point. You can back up for two blocks, and miss two lights because of it. He'll delay a thousand cars for a half hour instead of walk an extra block to his front door. He should have that thing KEYED.

Anyway, it sounds like it was the fault of your landlord to not get your reserved-sign back up in time and he should pay for your towing.

Sorry about your hassle.
 
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