QuestionQUESTION: I was recently towed from a empty parking lot (estimated 40 spaces)located between a business and an condominium under construction. I parked on the condominium side of the lot where there were no signs posted. Across the lot on the small business building there was a sign that read "parking for customers only...subject to towing, etc." There was no indication of 24 hour enforcement. The business was clearly closed and dark. The hours sign on the door stated they closed at 6pm. I parked after 6:30pm and returned around 8:30pm to find my car towed. The lot was still empty. Did this lot have adequate signage? Do I have ground to persue reimbursement in small claims court? Towing charge: $118.00 Filing fees; $81.00
ANSWER: Well I guess that I will have to guess where this happened since you left the most important part of the question out.
From the price that I see here for the towing, I doubt it happened in California and since there are still 49 other states left to guess on, I can not provide you specific information on the "STATE or CITY LAWS" which would regulate "IF or WHAT" towing signs would have to be posted and what they would have to say.
YES in some states signs are not even required to be posted.
In some areas, the property owner has to have the police authorize the tow.
In some areas all the property owner has to do is say "tow it" and does not have to sign anything at all, and in some areas they have to sign an authorization form.
Now as to the "BUSINESS" being closed and you getting towed after hours.
Well I guess that since the "BUSINESS" is closed then the insurance, property taxes and upkeep on the lot stop the minute they close for the day. Just like if you go on a 2 week vacation, your property taxes and insurance stop being charged on your house.
The signage, well I can not tell you at all if that was legal or not, and most of the time the laws require signs to be posted at the entrances to the lot. That is a general rule which works in most locations.
As to you going to Small Claims Court, you are more than welcome to do that, and you always have that right. But remember that it is "COURT" and as such, you have to have proof that you were wronged and that they broke the rules. You have to go after the property owner and since they are generally the ones that "AUTHORIZED THE TOW", the tow company is just doing a job that they were contracted to do. Yes you can sue them for doing what they were asked to do, but at times that part of the case is thrown out.
And if you do go to Small Claims Court, remember that in addition to the filing fee, you stand to lose time to attend the case and all that. PLUS you might not win at all.
Good luck and hope you can decide what is best for you.
---------- FOLLOW-UP ----------
QUESTION: The above mentioned incident occurred in Lexington, KY in mid April 2009. I
thought I had provided that information. Pardon my error. I agree that the
towing company was "just doing their job." I have no beef with them. I found
your response to the "BUSINESS" being closed to be rather sarcastic and
condescending. Simply parking in their open lot does not constitute malicious
or ill intended behavior and was not a risk to the property, a threat to their
livelihood or a cause for an insurance claim. Following that point, I am by all
rights, still a potential customer even when the business is closed?
Thanks for your feedback.
AnswerRobert, I am glad you answered back and had the questions about my comments on the "Business being closed"
At times people do not look at the whole issue of property ownership and rights.
First of all I am sure that you are aware of risks that everyone takes every day...
In this case, lets say that there is a break or pothole in the parking lot pavement and you were to trip and fell and broke your arm. To many people today are "sue happy" (that is what I feel, just look at the person who sued McDonalds cause the coffee burned then when it was spilled)
Someone and some lawyer would go after the property owner for damages and medical bills.
And then when you are at Wal-Mart, watch people who are shopping there who dump trash on the ground or empty the ash tray. Someone has to be paid to clean that up. The companies who run the sweepers in the parking lots do not do it for free.
And what would happen if your vehicle was damaged by either another vehicle or some construction accident happened such as a crane fell on it. Someone would want to recover costs and losses.
Todays insurance companies tend to "DICTATE" what property owners can do on their property even though the insurance company does not own the property. They tend to call it "RISK MANAGEMENT" and they want to keep the losses and potential risks down. That way they make $$$$ and get to keep it.
Now as to the "CUSTOMER" issue of the business where you parked. You admit that the business was closed, and the condo complex was under construction. So I ask you were did you go????
Did you go to the restaurant across the street, or the movies. How can you be a customer of the business if it is "PHYSICALLY CLOSED" and locked up.
Well I guess you could be a customer if it was a bank with an ATM and you were there at the ATM, but as soon as you walked off the property you are no longer a customer. Your business relationship has ended and your vehicle becomes illegally parked in that sense.
