Towing Issues: idaho towing, tow truck driver, tow company

Question
QUESTION: My dad was parked at my brothers apt. and in a guest spot. There is a store right beside the complex and the owners had his car towed at 130pm today. They called the towing company around 230 and the gentleman wants $200+ to let it out. There is no sign that says no parking there and the tow company man said if my brother and dad try to fight this, he will say there was 5 witnesses in his tow truck and take them to court. Please help. My dad and brother have witnesses saying the car was in the apartment spot and not a store spot, and again there is only one sign at one spot by the door saying only store parking and the tow co.'s name/number. The apartment complex is basically saying they don't want to look into this. What do we do.
Sincerely,
Hopeless

ANSWER: Do you have any witnesses other than your dad and brother? Did you take any photos of the parking spot? I would contact the business owner and advise them that your vehicle was not in their space. Also ask to see a signed towing authorization and ask if the towing company took a photo to prove it was illegally parked. Most states require towing companies to take photos. In most states you can record a conversation as long as one party is aware it is being recorded. If the tow truck driver claims he has a truck big enough to have 5 people in it besides him I want to see it. I would try to get him to make the statement that he had 5 people with him again. I would also advise the apartment complex that you were parked in their parking space and that they should defend their residents.

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for taking the time to answer my question. We live in Idaho. The towing man said he absolutely doesn't have to show us any paper until we pay. The police said that my dad should just pay and then ask the manager of the store to re-imburse him, which of course they will not do. We had to have the car so we paid the $200 and asked to see the authorization form but he only provided a receipt for my dad. The police also advised the only other thing we could do was take the store to cival court, what a mess.
Thank you again.
oh, and yes there are 3 other witnesses including a neighbor.
Thanks

Answer
Idaho
TITLE 49 MOTOR VEHICLES CHAPTER 18 ABANDONED MOTOR VEHICLES 49-1806. REMOVAL OF UNAUTHORIZED AND ABANDONED VEHICLE FROM REAL PROPERTY.
Here are some clips from the Idaho State Code and a link to web site that deals with "predatory" towing. See if they can help.

(1) Any person having possession or control of real property who finds an unauthorized vehicle standing upon his property is permitted to have the vehicle removed if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed at the owner's expense and designating the name of the towing firm. Unauthorized vehicles need not meet the provision of section 49-102(2)

What is an abandoned vehicle
Vehicles are considered abandoned when they are left for twenty-four (24) hours or longer within the limits of a highway, on property open to the public, or on private property without the property owner’s consent. This definition excludes instances when an owner or operator cannot remove a vehicle and has notified a law enforcement agency and requested assistance. Some examples of abandoned vehicles include unauthorized vehicles which have been left on:

• A roadside
• Your business property
• Your residential property
• Property which you have purchased
• Rental property which you own

lawyersandsettlements.com