Towing Issues: Tow from apartment - Not posted, small claims court, splitting hairs


Question
I parked my vehicle at an apartment complex in Colorado Springs, Colorado, at about 10:30 PM and it was towed by 11:12 PM.  There are no stalls marked with numbers or marked for "guests" or "residents" on the property.  Also, there are absolutely no signs on the property indicating that parking is for residents only or that vehicles improperly parked will be towed.  The only sign on the property says that "abandoned vehicles" will be towed.  Clearly, 45 minutes is not abandoned.  When I picked up my car at the towing company ($240 later) they indicated that the manager authorized the tow and that they started towing from the property about two weeds ago.  Apparently, there is a club across the street and patrons have been parking at the apartment complex.  The towing representative added that they hate doing this and even took no parking signs to the apartment complex about two weeks ago and "don't know why they haven't put them up."  I took pictures to show the lack of signs or other stall markings.  Is there any hope in small claims court based on the facts?

Answer
I guess my questions if I were a judge in small claims court would be

- "do you live at the apartment complex"
- "if you are not a resident, why did you park there"
-" did you have any official business with the apartment complex, especially that late"
- "why did you feel you had the right, permission or authority to park there"

I would have more questions but you get the idea. Should you decide court be prepare to have excellent answers for these questions. Most people know parking in an apartment complex is not general or public parking and is reserved for the tenants. Since you are not a tenant you were trespassing and the vehicle has no authority being parked on private property. You could try the pictures and signage but personally think you are splitting hairs. Good luck.