Towing Issues: Improperly towing, tow truck driver, other vehicles

Question
This all took place in Omaha, NE
We went out Saturday night stopped at a new place Restaurant, sports bar and parked in front of another business that was closed.  There were no signs that said that if you parked there you would be towed (we took pictures of the front of the building)  When we went to leave we found our vehicle gone.  At first we thought it was stolen as there were No Parking signs.  When we walked around the corner there was a sign near the dumpster regarding No parking and a phone #.  I called that # to see if they had the vehicle before I reported it stolen.  I assume I spoke with a dispatcher and she said "yes" they had just picked it up and it was still on the truck.  She said that they would bring it back for $245 cash.  She said there were signs all over, there was not (that is why I took the pictures)  Then when I asked the tow truck driver if he was going to tow the other vehicles that were in front of the building he said "he could";  I am wanting to know how I can get reimbursed my money because I don't believe I should have been towed?

Answer
Well it sounds like you know you parked in the wrong place since you were at the new restaurant but parked in a place which was not theirs...
I know that it seems stupid to be towed from a "closed" business but it happens every day.

Now Nebraska has a bunch of laws regulation this kind of stuff and they fall in the area of Section 60-2400 to 60-2410 and such...

They deal with how the signs should be posted, but they are not specific in saying that they need to be at the entrances which is a normal practice.

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Section 60-2402
Restricted parking lot; signs designating.

Signs designating a restricted parking lot shall be readily visible and shall state the purpose or purposes for parking on the restricted parking lot, state the hours for restricted parking, and state who to contact for information regarding a towed vehicle.


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Now that being said, I am sure that the tow company will say that there "WERE PROPER SIGNS" up in place, but I can not prove that as I am 1500 miles away from Omaha.

It will take small claims court to get the money back, and you will have to prove that it was not posted in a "readily visible manner"...

Remember signs do get vandalized, or the weather does destroy them at times. That most likely will be one of the arguments on the tow companies part.

As to the fee, well that sounds about right for what I have heard of prices in that area (I do keep up on lots of tow away stories online) and as to bringing the vehicle back, that would be up to the tow company if they wanted to do that or not. It does not sound fishy to me, but I am not sure about that part being legal or not according to the rules I find.

As to the fact that the tow truck driver said he could tow them if he wanted to, well that is kind of true. They do need authorization from the property owner to authorize removal of the vehicle from the lot.  Section 60-2401-01 covers this subject.

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Section 60-2401.01
Restricted parking lots; unauthorized parking; towing; violation; penalty.

Except in cities of the metropolitan or primary class, any person parking a motor vehicle in a properly posted, restricted parking lot without the consent of the owner or tenant authorized to give permission shall be guilty of an infraction and the vehicle shall be subject to being towed away at the request of such lot owner or tenant. Any person found guilty under this section shall be subject to the penalties provided in section 29-436 for infractions. If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction. When any law enforcement officer observes or is advised that a motor vehicle may be in violation of this section, he or she shall make a determination as to whether a violation has in fact occurred and if so shall personally serve or attach to such motor vehicle a citation pursuant to the provisions of section 29-424, directed to the owner or operator of such vehicle, which shall set forth the nature of the violation. Any person who refuses to sign the citation or otherwise comply with the command of the citation shall be punished as provided by section 29-426. As used in this section, law enforcement officer shall include any authorized representative of a law enforcement agency.

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And while you may think that you where towed illegally you would have to meet the requirements of 60-2405 to get it returned for free.

Section 60-2405
Motor vehicle towed away; properly parked; liability.

Any owner or tenant causing the towing away of a motor vehicle that is not improperly parked on a restricted lot shall cause the return of the motor vehicle to its owner or driver at no charge to such owner or driver. The person causing the motor vehicle to be towed shall be liable for any reasonably foreseeable damage incurred by the owner or driver of the motor vehicle due to loss of transportation.

There are a bunch of laws which regulate towing from parking lots and that is why its so confusing to deal with when answering questions here.   

I hope this helps and you are able to resolve the issue either by talking with the property owner or the tow company or going to court.