QuestionQUESTION: Hi Chris,
I went out this morning and realized that my handicapped van was gone. A few of my neighbors told me they saw it being towed by Alpine Towing. When I called them, they said it was because it was parked in handicapped parking without a placard in sight. I am disabled (double amputee), my van is modified, i.e., says "RAMP VAN", it has an automatic ramp, lowered floor, etc. The placards are made of a plastic or something that melts quickly. Mine is quite deformed from the sun and I'm guessing that it fell off the mirror because of condition it was in.
This parking place was given to me when I moved in - 12 years ago! Everyone knows that I park my van there as its the only place I can let my ramp down.
1. The placard was in there - it must have fell down
2. Its quite obvious that the van is for a disabled driver, i.e., the ramp, lowered floor, and the words "Ramp Van"
3. Several neighbors that witnessed the tow say that it was towed by the rear. Modified van with a lowered floor have to be placed on a flatbed towing truck so as not to damage the vehicle.
4. My neighbors also say no safety chains were used either.
5. They towed the vehicle at around 9:30am and close at noon. So I incure two days worth of storage.
Is there anything I can do????
Also, I'm concerned about recovering it because I have a bench warrant. I've have been ill, on many pain medications that are affecting me mentally and I missed a court date. I talked with the lawyer that issued it. I sent him required documents that he requested and he said that the warrant would be vacated within two weeks. Its been a month now. I am going to call the lawyer again tomorrow to inquire. But I'm concerned that I may be arrested when I pick up my vehicle tomorrow because of the bench warrant. Is that a legitimate concern???
Things are definately a mess in my life right now. And I'm in so much pain and on so many medications, that I cannot seem to deal with any of them!!!
Any answers you can give me regarding this would be greatly appreciated!
I hope you can answer before I go to Alpine Towing tomorrow!!!
Thank you
Kathleen
ANSWER: Was the vehicle on private property and who had it towed? As for the warrant unless a law enforcement agency had it towed you should be able to get it released from the towing company without a problem.
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QUESTION: Thank you so much for answering so quickly! It was on private propery - the parking lot of my condo association. The handicapped parking place that was set up to accommodate my vehicle when I moved in here 12 years ago. I've parked there for 12 years! Someone called to have it towed, but I do not know who. The sign is no longer on the post (actually the post is even gone). Kids got to that years ago. There is only the wheelcair emblem on the ground. So the tow company would not even know it was a Handicapped Parking place without be alerted to it.
The warrant I received was for a court case with my Home Owners Assoc, that I owe back dues to. I am in the process of filing bankruptcy and need to include back dues in my case. I don't know if they called to somehow "punish" me for that. But they especially know that the parking place is mine.
Its such a mess right now. I just want to crawl under a rock and go to sleep...
My brain just can't process all of this.
ANSWER: I forgot to ask you what state you were in. You will have to find out who called to have it towed. A towing company cannot remove a vehicle from private property without an authorized person notifying them. The towing company should have a signed towing invoice if they towed it from the complex unless the complex has an agreement with a specific company and then they should have it posted. As for the handicapped spot you have a legitimate gripe because the complex and everyone in it knows you park there. If there is an on-site manager I would call them, I don't care if it is Sunday or what time it is. As for the towing, I would have to actually see the vehicle to determine if towing would require a rollback. As long as the vehicle was not all wheel drive and towed with the drive tires off the ground it should be fine.
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QUESTION: I am in Colorado. I will ask for a copy of the towing invoice when I get the van tomorrow. Yes, the complex has a few signs up (not at my parking place, but on the fence) that states Alpine Towing Company as the company they use. Several neighbors talked with me (rumor spreads) and all agreed that everyone knows me and that my van parks there. Has for 12 years! Could the HOA have done this to "punish" me for my back dues? There is not an on-site manager. And the HOA company is closed on Sundays. They are in another city altogether.
My neighbor that witnessed the towing, clarified for me that the tow was not with the wheels on the ground. I'd have to ask him again how he described it. But he said they did not use safety chains.
Is it reasonable that not withstanding the fact that I have parked there for 12 years and everyone knows that I'm disabled, that even though the placard fell from the mirror, the van IS a Disabled Modified Van, with the words "Ramp Van" in big letters, and a ramp in the window, and hand controls, that common sense would tell you it belongs to a person with a disability?
Thanks again for the quick answers. You have no idea how comforting it is to be able to talk to someone in the "know" tonight. I'm stuck in bed and its been eating at me all day. I took my dog to the corner to pee this morning (when I saw the van missing), but that's the extent of how long I can sit because of pain.
Thank you again. Hope to hear from you soon.
Kathleen
AnswerMost states require a placard or actual handicapped tag on the vehicle. It should have been apparent to the towing company but if the placard fell off that will be their defense. As for the safety chains, usually only the DOT or state worries about that. That's probably not an issue. You definitely have a case simply because you have parked there for 12 years and the complex knows that. as for the association doing this in retaliation, if you can prove that you definitely have a case against them.
