Towing Issues: Mistaken car tow, small claims court, storage fees


Question
My son lives in a townhouse in Louisiana.  There is another set of townhouses next door to his.  There is a tenant in the same building he lives in that has an excessive amount of visitors who commandeer all of the available parking spots.  None of the spots are marked for tenants or visitors.  My son had just purchased a new car that morning and did not have anywhere to park his car by the townhouse he lived in so he parked on the car grass in the hopes to move his car later when a space became available.  The landlord of the other set of townhouses (which is not his landlord) called a tow service because she thought the car belonged to the tenant who has so many visitors.  My sons car was put on a skate by the time he got outside to explain that it was his car and not the problem tenants car. He had to pay over one hundred dollard just to get his car off the skate they had it on while the landlord who called the tow company acknowledged her mistake.  My question is who should have paid the bill: my son or the landlord who called the tow company and realized she made a mistake?

Answer
Well Louisiana tow companies are regulated by the State PUC office and as such the rates are set by the state. That being said, your son as legal owner of the vehicle is ultimately responsible for any towing and storage fees on the vehicle.

Now as to the other property owner, it sounds like they did make a mistake and they might pay part,all or none of the fee. Just one of those deals where the tow company gets paid for the work done, and of course your son gets stuck.  Sorry to say that happens a lot.

Now there is small claims court if you feel that the other manager needs to be held responsible for the money paid, but then again as you said your son parked on the grass. And that is not a legal parking space so it would be a huge uphill battle to start with.

Here is a link to some laws in Louisiana regarding towing.

http://www.legis.state.la.us/lss/search.asp?RS=RS%26SearchString=towing+