Towing Issues: Car ilegally towed?, tow truck company, small claims court

Question
Hello,

My car was parked on city street around where there was construction. It was parked at 10:30 PM on Wed. 7/8 and was towed at 10:30 AM on 7/9.  The tow truck company indicated that they were called by the city because there was a 'no-parking, tow away' sign posted 24 hours in advance in the area (meaning it had been posted at 10:30 AM on 7/8). I can say with certainty that there was no sign posted there at the time I left my car there, but I have no photographic evidence to prove it. Also, when I left my car there that night, there were at least ten other cars parked on the same side of the street.  I am planning on walking by the houses of the people who live there on that street to see if there was indeed a sign.

In the meantime, I now have to pay nearly $500 to pick up my car from the impound lot and I don't believe I should have to pay anything.

How do I fight this?

Answer
As a general rule, the towing from the street is ordered by the police department and they will issue a parking ticket for the violation.

That will allow you a court date to contest the ticket I believe in many areas and you start there with the "legality of the tow"

Then you can go to the city and see if you can get the fees back or not. You might have to do small claims court for that, or you might get them reversed in the "ticket hearing"


Since I have no idea where this happened, I can not point you to specific state or city laws.  You can do a basic search for towing laws in your area online.


Good luck and I wish I was able to provide a better and more specific answer for you.