QuestionI have read through some of your answers and it appears that Colorado is a difficult state in which to learn about towing laws. I live and was towed in Colorado Springs.
I flatly parked where I should not have and am not questioning that fact...my bad.
Comcast provides very little parking for their customers and the seemingly always-empty, large lot directly next door to them is indeed enticing. It is the lot for China Village restaurant.
Literally less than two minutes after we went into Comcast a man ran into the lobby and told us our vehicle was about to be towed. I ran out and straddled the chains that were leading from the Pinky's tow truck to our car and asked the driver what I needed to do to get them to drop it. I was (involuntarily# crying by now as I knew that regardless of the amount he would give me, we couldn't pay it as we were flat broke. It mattered not as the guy said he would get fired if he didn't tow the car and it would be $80 #Huh? He'd just said he had to tow it.# to drop it right then. I said the only way to get the funds would be for him to wait while I went home, got some jewelry to pawn, did that, and then returned with the money. He said no. My husband came out after I went back into Comcast, got into the car and put the emergency brake on and had his foot on the brake in the car. At that point the driver said he was calling 911 and as my husband had no idea what would happen #more money to the police, for instance?) if he didn't just get out of our car, he did that and watched as our car left the spot where we'd parked it about seven minutes earlier. It cost us $200 to get the car from the lot that is less than a mile from China Village and Comcast. $30 of that was for "storage"; $16 for the winching; $154 for the tow. Thank God that my in-laws were able to come get us and pay the cash so quickly!
While we were waiting for our ride a man was returning to Comcast after having just been through what we had. We were told by someone whom shall remain anonymous in this forum as I wouldn't want to endanger his position, that Pinky's Towing had "...gotten six" that he'd been unable to catch in the two hours prior to our towing. It was his opinion (and now ours as we've done some reconnaissance over the last few days) that Pinky's isn't alone in their monetary gain in this operation. While a Pinky's Towing driver does hide behind a truck looking for people who go right instead of left (into Comcast vs China Village), someone also comes out of a gated area connected to the restaurant and motions to the driver when he's in the truck.
My husband and I have "saved" nine people our fate with Pinky's Towing by warning them away immediately when we see them park at the restaurant lot and go into Comcast. I don't know when we'll stop doing it, but the current goal is sixty =)
So, my question is this: To what agency would we work with to the end of having non-consensual towing disallowed in our area? From what I've been able to (I think) learn, towing companies that engage in non-consensual towing are legally allowed to charge twice the amount as consensual towing. This obviously provides ample motivation to engage in such business practices. I suppose my real goal would be to have double the fee disallowed as I really don't care what they call it...it's just something our government shouldn't be promoting, or allowing.
Thank you for any help you can offer where agencies handling such things are concerned.
Megan
AnswerWell as a tow truck driver, I will agree that towing vehicles from private parking lots is a big problem and it creates lots of issues.
BUT then again I have to say that it is done because of the people not caring about the property owners rights.
Bear with me here and let me run something past you.
Comcast has a parking lot they paid for and pay the taxes on. Lets say it holds 20 cars.
Now China Village has a parking lot which holds 40 cars, and they own the property and pay taxes on it.
Now Comcast provides a service which you can mail the bill in, pay it on line, or go to the office and handle it.
China Village depends on customers to come to them and as such if 30 of the 40 spaces are taken up by Comcast customers then how can they stay in business if they can not get customers thought the door ???
It would be the same as me or anyone else parking in your driveway and going elsewhere. You would want the vehicle removed.
Now as to state control, there are rules and regulations regarding parking and towing and the Colorado Public Service Commission regulates tow companies. You can find some information online at
http://www.chattanooga.gov/OPR04-01CityWreckerOrdinance.pdf
You are going to have to scroll down as that covers a lot of other things.
Now I am sure that there are "NO PARKING SIGNS" at China Village which comply with the laws and as such I am sure that they have been also challenged in small claims court. But you do have the rights to go to small claims court and try to recover your money.
But remember that you did park it there, no one forced you to park where you did, and as such you got caught. That is what the judge will tell you.
And as to the difference in prices for consensual and non consensual towing rates, one is a penalty tow, where the tow company can not schedule the call around its work load. It is a drop everything and go now type call. If you call for a broke down vehicle you can schedule it and the tow company also knows that they will get paid for the services provided. Non Consensual towing creates a risk where the vehicle might not get picked up. What would you of done if you did not have the money or the access to money to pay the tow bill. You would retrieve your 2010 Ferrari, but you might leave you 1974 Ford Pinto wagon there at the tow company as it would be cheaper to buy a new car than pay a tow bill in some cases.
Yes there are lots of cars which do not get picked up at tow companies and as such that is a loss to the balance sheet.
Hope this helps
