My car got Wrongfully Towed

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Latest post 10-19-2009 7:02 PM by adjuster jack. 4 replies.
  • 10-19-2009 5:27 PM

    • Xushi
      Consumer
    • Not Ranked
    • Joined on 10-19-2009
    • MD
    • Posts 1

    My car got Wrongfully Towed

    I'm a handicapped driver who had my car wrongfully towed by the towing company per my leasing office for parking in a handicapped parking space.

    Story goes like this.

    I moved into my apartment in Feb of 2009. Before i moved in, i had requested the managment put a handicapped sign up for me because there was no handicapped spot in the building i was in. It took them MONTHS to put one up for me. In fact, they didn't get to it until July of 2009.

    So anyway, with many many months of nagging property managment, they finally got one for me and i had given them my a photocopy of my handicaped tag # so that they are suppose to be aware that my car is tagged with a handicapped tag in their parking lot.

    No parking enforcment was enforced from the time i moved in until September 2009.

    So this past Saturday night (10/17/09) during the night, my car got towed away. The thing is, i noticed that my handicapped tag was starting to fall of my rear view mirror and wasn't on snug like it was supposed to with all the use that i put it through on a daily basis. So that night, my tag must of fallen off my rear view mirror and so my car got towed away from the handicapped parking space that i park on a daily basis. Its NOT like the property managment doesn't know that its where i park. I'd assume that property managment would have already passed down the information to the towing company that my car is handicapped since they did assign that spot to me per my request.

    So i've already discuss the issue with the towing company first and today, the property managment. They both state that it was a legit towing because my tag wasn't on display properly but yet, they both know that's where i park every night and day.

    My question is, which merchant information should i file my complaint against? The property managment or the towing company?

    I'd assume the towing company? Or should i file against my property managment?

    I'd assume that the property managment "HIRES" and contract the towing company to tow vehicles that don't belong on the property. I talked to the property managment and they said that "we don't hire the towing company" ...well if they don't hire them, why would they come then, right? that don't make any sense at all.

    Anyway, just need some advice here please.

     

    Thanks in advanced.

  • 10-19-2009 5:39 PM In reply to

    No, it didn't

    No tag, no right to be in the restricted space. You knew the tag was loose - what did you do to secure it?

  • 10-19-2009 5:49 PM In reply to

    Re: My car got Wrongfully Towed

    "My question is, which merchant information should i file my complaint against? The property managment or the towing company?"

    Neither and the answer is in your own words:

    "my tag wasn't on display properly"

    Had you parked in a public handicapped space and your tag wasn't on display properly you would have been legally ticketed or towed just as easily.  The laws and ordinances are very clear.  If you want to use a handicapped space you must legally display the tag to do so. If you do not then you face being ticketed or towed. My mother used to have one of those hang tags and one of the responsibilites of ownerhship is making sure they stay in good working order so that you can use the handicap spaces and that you don't abuse the privilege.

    Had someone parked in your space illegally you would be fuming mad that they took it and it wasn't available for handicapped use.  The towing company is not allowed to "assume" it's your car and that you are parked there.  You are also "assuming" it is the property management that made the call.  It is quite possible that a resident made the call and had the car towed "assuming" that someone had taken a handicapped spot not knowing it was your car.  Especially considering that it was after hours and the office was closed and wouldn't have known to call the tow company.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 10-19-2009 5:52 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,381

    Re: My car got Wrongfully Towed

    Not sure how your complex handles illegal/unauthorized parking, but I know that some places just have the towing company drive through on a regular basis and tow if needed.  They might check the handicap spaces and if no tag, they tow.  They would also be looking for people parked in other than designated spaces, blocking dumpsters, etc.

    Sounds to me like you don't have much of a complaint because your hanger was not visible.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 10-19-2009 7:02 PM In reply to

    Re: My car got Wrongfully Towed

    Your tag wasn't visible, you got towed.

    Nothing wrongful at all and you have nowhere to go with this.

    Pay your fees, get your car back, make sure your tag is securely affixed, and move on.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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