QuestionQUESTION: Hi,
I just moved into an apartment complex that has underground contract parking. The complex does NOT require any information in regards to the vehicle make, model,plate, etc. Each spot is marked with a number and leased by contract. My vehicle was parked in the number according to the lease(to the best of my knowledge). I've parked my car in the same spot for the last 2 weeks with no confusion. A call was made to the buildings assigned towing company by some supposedly unknown individual. The person that made the call said that my vehicle was parked in their assigned area. My vehicle was towed immediately. My vehicle has been parked in that spot ever since the previous day at 2:30 p.m. It was towed at 1:30 a.m. The following day. I tried talking to the person at the towing company to find out information on why my car was towed and from which parking spot. The guy refused to tell me any information, and only kept implying that my car was parked illegally. He said that the driver that towed the vehicle asked the individual that called to see their parking lease; but he was unable to provide me with a confirmation that the number on the lease matched the spot my vehicle was removed from. I tried to get information from my land lord but was told that he didn't want to cause a problem and cannot provide any information on the individual that made the complaint, or the spot that my vehicle was towed from. I could honestly care less on who made the complaint, i just want physical proof that my vehicle was parked in the incorrect area. I had another individual in the vehicle with me when i parked the previous day and he remembers me parking in the correct spot. There are cameras in the parking ramp but were not aimed near the area my car was towed. Is there anything i can do? i paid $300 to get my car out for a situation that should have never taken place. Is there any rights that require them to show proof it was parked incorrectly, or atleast provide what exact location it was removed from???
Also, the individual at the towing company said that company policy requires that all drivers see a physical hard copy of the parking lease before removal of any vehicle. I know for a fact that his statement was false. I've seen the same company tow vehicles from contact parking facilities without proof of contract!
ANSWER: What state are you in? That may help me answer your question. In most states private property tows require authorization and a signature on the towing receipt. The company is liable if the unlawfully towed your vehicle and that is probably why they don't want to show you any paperwork. Your best bet is to put in writing a request to the towing company and your landlord for proof that your vehicle was improperly parked and the supporting documents. This needs to be sent certified mail so they know you are serious. I would also advise them that if necessary you will pursue civil or criminal actions against them. Be stern but polite, just simply advise them that if you parked incorrectly that you understand but you want proof.
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QUESTION: I'm in Saint Paul, MN. I just checked my receipt and no where does it have any authorized signature or name other then mines, and the dispatcher. Are they required to give me a copy with the name of the person who made the call? if not, do i have the right to request it? Are there any websites with information i could use to reference in my letter?
AnswerYou can search the web on St Paul ordinances. I have included them below along with the link.
Subd. 6.Private property.
This section does not restrict the authority of the owner of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the private property.
Subd. 7.Damages.
The owner or driver of a motor vehicle towed in violation of this section is entitled to recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, including time spent and transportation costs.
https://www.revisor.leg.state.mn.us/statutes?id=168B.04#stat.168B.04.2
