QuestionQUESTION: On sunday my car was towed. We went back to the sight were my car was towed. There was a red curb only on that parking spot and the tow sign was stuck onto a electrical box. the sign was as big as a car sticker and 6 inces above ground. I park their at night and I have for a week, as long as i've lived at that apt complex, and have't paid any attention to it. So we talked to a fire chief and the leasing center called it a fire lane, but we emailed pics to the fire inspector and he said that the fire dept did not put that in... the apt complex did. And the first time my spouse confronted the property manager of the issue she said its a fire lane that means no parking. well later on that night we went back to the leasing center and she finally stated that the apt complex did paint that parking spot red and that I have to take up the towing issues with the towing company. So I'm needing to know... what are the towing sign laws? Because I highly doubt that that sticker sign on an electrical box a few inches from the ground is in accordance with phoenix az towing sign laws..and I also read that the House of Representitives passed a law that a towed car on private property (my apt complex) does not have to pay the tow fee or storage fee and that the towing agency can not keep the car, but they can collect there fee on a later date. And also..Do you think I may have a case for small claims court? Because they have towed so many cars from that spot, after me and my spouse investigated and still did not put up a noticable sign.To me the whole seemed really fishy.
ANSWER: In most states the DOT regulates signs and they have to meet certain criteria. A fire lane must be clearly visible and posted. Your complex can have their own parking regulations but they must clearly inform all tenants. You may be able to find the laws for signs, towing etc on line through your state. I would check to see how many other tenants have had vehicles towed and get them involved also. I am not aware of any recent decision by the house of representatives about towing. As long as the towing agency was called by the complex they have the right to tow the vehicle and charge for it. If they tow it the have a lien that must be satisfied. Small claims definitely but see if you can do some more checking and let me know
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QUESTION: This morning, at 9 am, me and my spouse went to the towing agency to request release of my vehicle. They complied because my spouse took pictures of there signage, which obviously doesn't meet sign requirements. We had printed out a bill that was passed by the House of Representatives stating.........
"Specifies that the vehicle owner’s criminal or civil liability for trespass is not limited or altered by laws and regulations governing PPTTs.
· States that the criminal or civil liability of any person for any act or omission is not limited or altered by laws and regulations governing PPTTs.
· Places responsibility for payment of towing fess on the property owner or agent if the vehicle owner or agent refuses to pay or make arrangements to pay the towing fees and requires the tower to collect from the property owner or agent.
· Allows a private property owner, who pays a tower to remove a trespassing vehicle, to seek reimbursement of the towing fees from the vehicle owner.
· Permits a PPTT to seek reimbursement for rates and fees from the private property owner or the owner’s agent if the vehicle owner fails to pay or make satisfactory arrangements to obtain a release of the vehicle.
· Allows the vehicle owner or owner’s agent to pay or make satisfactory arrangements to pay any towing or storage costs that are in compliance with lawful or contractual rates. However, the tower is prohibited from refusing to release a vehicle if the vehicle owner refuses to pay or make arrangements to pay towing and storage costs.
· States that payment of towing fees by the vehicle owner or agent does not constitute an admission that the vehicle was trespassing and that the payment of towing fees does not preclude the vehicle owner from pursuing civil remedies against the tower or property owner.
· Allows the tower to pursue civil remedies against the vehicle owner or property owner to recover towing fees.
· Allows the tower to require the display of a driver’s license or other identifying information from the person claiming the vehicle.
· Permits the tower to provide the identification information to the property owner or owner’s agent if the person claiming the vehicle refuses to pay or make arrangements to pay the tower. The information provided to the property owner or agent is for the purposes of filing a claim for towing and storage costs paid by the property owner or agent.
· Mandates that refusal by the tower to release a vehicle to the owner or agent constitutes theft of means of transportation – a Class 3 felony.
· Establishes a Class 1 misdemeanor for all other violations related to PPTTs and that all penalties accruing under this article are cumulative.
· Defines private property trespass tower, dispatcher and operator.
· Sunsets the PPTT provisions on June 30, 2019.
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· Forty-ninth Legislature
· First Regular Session 2 February 9, 2009"
This is just half of the document, if you would like to read the entire page go to GOOGLE. Then type in HOUSE OF REPRESENTATIVES BILLS ON PPTT'S in the search engine. Then choose the HOUSE SUMARY link. Read it. I was amazed.
So continuing on at the towing company...the manager for the company (Shaffers Towing in Mesa, AZ and I live in Phoenix which is about 30 minutes away) came in while the female employee was finish up with the paper work. The lady had handed me the carbon copy of the release form, she laid it on the counter infront of me..I asked for a copy of the Refuse to Pay document that I signed, which later I found out that I didn't have to sign any of it from the police, she was getting ready to make a copy of it when the Manager, DAN, tells me " You don't need a copy of any of this ( he picks the carbon copy up infront of me) we'll take it up in litigation". He asked for my keys and I told him that I will not give him my keys until he makes a copy of the papers I have signed. Well he still says no. So I say " OK. You wanna play like that?" So I call the police. In the mean time he says I don't need your keys, he walks out of the office, takes a towing truck to the towing yard, and tows my jeep up to the front and say " You have your car and have a great day". Well, the police came, me and my spouse talked with them and apparently this is not there fist rodeo with this company. The police said that we are the fist owners to claim our vehicle on our own, every other car owner the police have had to make the towing company release it. And that it was good me and my spouse educated ourselves on the laws because nobody else has ever done that. And that, unfortunately, towing companies know the laws and know how far to push the laws. Which is ridiculous. So we now have my car ( WHICH WE REFUSED TO PAY BECAUSE OF THE SIGNAGE AND THE PARKING AREA ITSELF). My question is... Does the towing company have to give me copies of any of the documents I signed? The only reason why they wouldn't, I think, would be to cover themselves. And how did you find out about the propery owner putting proper signage up for there designated parking spots? Also, they are just going to keep that parking spot red, on the curb. Wouldn't they still need to put a sign up for that? Stating..NO PARKING.
And also, this all happened Saturday night I didn't find my car missing until the next morning leaveing for work. It is Wednesday and that parking spot is still signed the same way, I checked today, nothing has changed. Is there a time period the apt complex has or the towing company has to place proper signage of that particular parking spot?
Thank You so much for your Help!!
This site is really appreciated in so many ways!
Again, Thank You.
Answerawesome, I love it when the good guy/gal wins. I would take a copy of the paperwork you printed and confront your complex manager. I would insist that they make the signs where they met state standards. As for the towing company documents I would contact an attorney and have them subpoena them, if they haven't thrown them away, which would be bad for them. I would also ask the attorney about any compensation for the towing company and complex actions. The sign and markings are the responsibility of the complex. I would also follow up with the city and Fire Marshall. Thanks for the info and your hard work.
