QuestionQUESTION: "MY DAUGHTER'S BOYFRIEND AND SHE LIVE IN AN APARTMENT COMPLEX. ONE NIGHT SEVERAL MONTHS AGO, THEY CAME OUTSIDE AND WITNESSED SOMEONE SNOOPING AROUND THEIR CAR WITH A FLASHLIGHT. THEY CONFRONTED THE INDIVIDUAL AND WERE TOLD THAT THEY NEEDED A PARKING DECAL ISSUED BY THE RENTAL OFFICE BY THE NEXT DAY, OR THEIR VEHICLE WAS SUBJECT TO TOWING. THERE WAS NOTHING IN THEIR LEASE INDICATING THIS, NOR WAS THERE ANY ADVANCED NOTICE GIVEN. HAD THEY NOT WALKED OUT AND SEEN THIS GUY, THEY WOULD NEVER HAVE KNOWN. JUST A FEW DAYS AGO, THEY PURCHASED A USED VEHICLE AND BROUGHT IT HOME AT AROUND 9PM AFTER DOING THEIR DAILY ROUNDS. THEY PARKED IT IN FRONT OF THEIR APARTMENT. THE NEXT MORNING THEY WENT OUTSIDE AND IT WAS GONE. IT HAD BEEN TOWED. IT COST THEM NEARLY $200 TO GET IT OUT. THE RENTAL OFFICE SIMPLY TELLS THEM THEY HAVE A CONTRACT WITH THE TOWING COMPANY THAT MAKES THIS LEGAL. DON'T THEY HAVE TO GIVE SOME SORT OF NOTICE? HOW WERE THEY SUPPOSED TO GET A DECAL IF THE RENTAL !
OFFICE WAS NOT EVEN OPEN? SOMETHING SMELLS IN DENMARK, AND I AM JUST LOOKING FOR ANSWERS. BY THE WAY, THE REASON THEY GOT THE USED VEHICLE WAS BECAUSE THE OLD CAR WAS TOTALLED 2 WEEKS EARLIER AND JUST HAPPENED TO BE STORED AT THE SAME TOWING SERVICE LOT. WHEN THEY WENT TO GET THEIR "NEW" VEHICLE AFTER IT HAD BEEN TOWED, THEY MADE THEM TURN OVER TITLE TO THE TOTALLED CAR AND MADE THEM PAY FOR THE TOWING/STORAGE ON THAT VEHICLE ALSO. ANY HELP OR ADVICE IS APPRECIATED."
and was asked on 03/24/2010
ANSWER: Most apartment complexes have policies on towing. These should be in writing or part of the rental agreement. If they do not have this and do not have towing policies posted then they are illegally towing vehicles. Most private property impound require a notice, but that is up to the complex. You may also want to google predatory towing as I don't know what state you are in.
As for the wrecked car, did they have insurance?
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QUESTION: MY DAUGHTER IS IN SARASOTA FLORIDA. YES, HER BOYFRIEND HAS INSURANCE ON HIS TOTALLED CAR, BUT IT WAS PIP ONLY. THEY HAD NOT YET GOTTEN REGISTRATION, INSURANCE, ETC., ON THE NEW TRUCK AS THEY ONLY HAD IT 2 HOURS
ANSWER: Florida does have strict regulations for towing. There should be several issues with predatory towing in Florida. By PIP do you mean liability only?
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QUESTION: PERSONAL INJURY PROTECTION (SELF-ONLY), PROPERTY DAMAGE, AND LIABILITY. MAX PAYOUT IS $11000 AND THE HOSPITAL BILL WAS $13000, SO THAT WAS PAID DIRECTLY TO THE HOSPITAL BY THE INSURANCE COMPANY. THEY DON'T HAVE A LOT OF MONEY, NOR THE RESOURCES TO REALLY GO AFTER THESE PEOPLE. HOWEVER, I BELIEVE THAT THE ENTIRE INCIDENT INVOLVING TOWING OF THEIR NEWLY ACQUIRED VEHICLE WAS ILLEGAL. THERE ARE NO SIGNS POSTED. THERE WAS NO WRITTEN NOTICE. WHEN I CALLED THE LEASING OFFICE AND SPOKE WITH THE OWNER OF THE PROPERTY, SHE STATED THAT THEY WERE GIVEN WRITTEN NOTICE (THEY ALLEGE NEVER RECEIVING NOTICE AND NOTHING IS ON ANY LEASE THEY HAVE A COPY OF). THIS TOWING WAS APPARENTLY A NEW POLICY OF THE COMPLEX, AND MANY OTHER RESIDENTS HAVE COMPLAINED AS THEY WERE TOWED WITHOUT NOTICE ALSO. I AM NOT SURE ANY OF THEM WOULD GO ALONG WITH A LAWSUIT, BUT I WANT TO KNOW IF WE HAVE A LEGITIMATE BEEF WITH THIS COMPLEX. I ASKED THE OWNER WHAT WOULD HAPPEN IF AN OUT OF TOWN RELATIVE CAME TO VISIT AND GOT THERE AFTER THE RENTAL OFFICE WAS CLOSED. THE OWNER TOLD ME THAT THE RESIDENT(S) SHOULD CALL THE RENTAL OFFICE NUMBER WITHIN NORMAL OPERATING HOURS IF THEY KNOW AHEAD OF TIME. IF A VISITOR ARRIVES AFTER HOURS, THE RESIDENTS SHOULD CALL THE RENTAL OFFICE PHONE NUMBER AND ASK FOR AN "EMERGENCY DECAL". WE TESTED THIS. WE CALLED THEM YESTERDAY AFTER HOURS AT 6:22 PM. A GUY NAMED MICHAEL (WHO HAPPENS TO BE A MAINTENANCE MAN) ANSWERED AND SAID HE DIDN'T KNOW WHAT WE WERE TALKING ABOUT. THAT HE HAD NEVER HEARD OF SUCH A THING, AND THAT HE HAD NO WAY OF GIVING US A DECAL. DOES IT SOUND LIKE WE HAVE A LEGITIMATE GRIPE, OR SHOULD I JUST THROW IN THE TOWEL. THANKS FOR ALL OF YOUR ADVICE.
AnswerI think you have a legitimate gripe. I would start with sending the complex a registered letter requesting a copy of their towing policy and a copy of the notices that they allegedly posted. It would be best if you show up in person so they don't have time to fabricate these items. Document everything they say and do and then contact an attorney.
