Towing Issues: towing a car in Virginia, tow truck driver, insurance exchange


Question
I was parked in a vacant property for sale and I'm a Realtor out showing houses.  This was a condo, the owner had not paid the dues and the tow company said they have papers to tow anyone that parks there.  I had no knowledge of this and there was no sign there.  The tow truck driver came to tow my car and my client tried to talk him out of it. Client came inside and told me, I went out to talk with him, he was very rude.  He did not move the car yet and had not hooked it up.  I asked him to stop and what was he doing, I told him I was there working, he said he received a call and had to tow this car, I said but I'm here and can move it, he said don't touch it it's my property now.  I tried to reason with him to no avail, he laughed and said he had a job to do. Then he moved the car, the alarm went off, he yelled at me told me not to touch the car as I was trying to open the door to turn off the alarm.  I asked if I could call the company to speak with the manager, he said do what you want I'm towing this car.  I said no please let's work this out, finally he said do you have $25.00 on you? I said no but I can get it, I have to get my purse, he said he couldn't wait, I begged him, he said no. Then he moved the tow truck to the back of the car as I was standing there as if he would hit me, yelled told me to move, then I called the police.  He got out of the truck and removed the jack from the car the alarm is going off so I get in start the car and tried to pull out of the street there were cars trying to get by, he yelled don't move, I stopped now there is a jack stuck under the car and has damaged my car.  I get out the car take a look and he said that I damaged his jack which I thought he had removed the jack, I said you have damaged my car.  I called his job and tell the manager what happened. He said that I could pay him.  I told him that the police was coming.  The police comes and writes a insurance exchange form not an accident report.  I showed the police that I had the money in my hand now that I was able to get to my purse which was in the car.  It took the police about 30-45 minutes to get there.  Police said to go to civil court and file for damages.  Was the driver right to proceed when I was standing there before he moved my car, and he didn't have the jack attached yet? Should the company have to pay for my damages?  Should I have to pay for the drop fee and pay any damages for his jack?

Answer
1: First of all the driver was a jerk it sounds like. In most states if a driver shows up then they are entitled to be paid and $25 is very reasonable.
2: Did he have a copy of the papers? or a signed towing authorization or receipt?
3: Him telling you not to touch the car is wrong, if he is not attached to the vehicle then it is not his. I will confirm this with Virginia Law.
4: Did he move the car with a floor jack? and was he in any way menacing or threatening when he told you not to touch the car?
5:Did you feel that he would have struck you or were you in fear of being hit. If your purse was in the car why would he not let you get it?
6:The police informed you right and I would definitely pursue it. I would start by sending a certified letter to the towing company after getting three estimates. Inform them of the drivers actions and your concerns. Be polite but firm. Next file a complaint with the Better Business Bureau, you can do it on line. Then go to ripoffreport.com and file a complaint.
7: The drivers actions border on harassment, but I will confirm that also.
I will be out for a few hours, hopefully not intimidating people, but fill in the few details and write me back.