Towing Issues: Towing from private property while I am present, windshield sticker, drive bys


Question
I live in Chicago, Cook County, and my bldg has a private tow co. that tows vehicles if we either call or they do random drive bys for vehicles not displaying a windshield sticker. Last Tuesday a neighbor knocked on my door saying they were towing my vehicle. I ran out in socks telling the driver before he pulled away that I had a sticker. We had checked the back window and noticed it had fallen off from inside. I opened the SUV in front of him and he looked for about 1 second and we didn't see it but after explaning that I am the one that usually calls them in he decided to let it down and informed him I had a new sticker upstairs I could get as well as my keys and he agreed to unhook it while I ran upstairs to get them. When I came back 1 minute later he had taken off with my SUV. I called the tow co. At first they said they didn't have it and could not get ahold of the driver which is a complete and utter lie. 2nd call they did and I could get it for $170. I checked on the way with the Police Dept and they informed me if I was there at the time and could prove I live there they can't take it as long as I had the proper sticker. Also called the police and a squad came to argue my point when I arrived to retieve it but it didn't work. Tow co. said it wasn't displayed at the time even though I could produce one before being towed away and didn't matter what their employee said. Talked with mgrs. of the co. After many calls they finally said to sue them. Do I have any rights concerning this. Will follow thru with Ill Commerce Dept. which governs them. Lincoln Towing is notorious for illegal tows.

Answer
Oh yes, I have heard and read about Lincoln towing.

It sounds like you got caught up in the trap where they push the laws and then if they are caught they find a way to get you away from the vehicle and then take it.

Now as to the police saying they can not take it, if you live there, I really hate to say it but the matter is a civil matter and the police have no reason or rights to get involved unless it is physical.

Advice is great, and they can tell you anything they want, as it really does not stand up or hold up. After all it is verbal and not written.

Now as to the sticker falling off, that happens a lot and becomes the issue in many tows. It is very common.
Now as to having a new sticker and it being upstairs, does not work as an excuse because they are required to be on the vehicle, not upstairs on the counter where the tow truck can not see it on the vehicle like it is supposed to be.

During the time you were talking to the tow truck driver, and the time it took you to go get the sticker, the vehicle was still an illegally parked vehicle as it did not have the tag displayed.
Now I agree that if it was very visible when you opened the door and all that, then it would be a different story, but I was not there, so I can not make that call.

Now as to the idea of suing them you have that right and small claims court is where to go.
But remember evidence is what you need. They might have pictures of the vehicle with no tag visible parked and that would be hard to beat in court.

The Illinois Commerce Commission, is trying hard to fight towers which do the job wrong or illegally but there are tons of them doing it and as a tower, I really hate to say that the Chicago area has tons of problems and a lot of it has to do with lack of enforcement of the current laws.

Hope this helps