Towing Issues: HOA Illegal Towing, drive gears, small claims court


Question
This past weekend the President of my HOA signed several tow slips for vehicles park in marked areas or against painted curbs where parking is not allowed.  My truck was parked in an area that was legal and next to my townhome.  The towing company came and towed my truck from a spot that had a hand painted no parking on the ground that was used by the construction crew during construction of the last set of townhomes.  This marking was supposed to be removed but never was.  The towing company was shown all the areas that car could not park and what markings were valid as no parking spots.  
My question is the towing company used a snap and grab method to take my truck.  I was parked parallel to the curb with a car in front of me and a curb behind me.  HOw can the tow truck move my truck out sideways without doing any damage? Also how can they tow it when I had the four wheel drive engaged and not damage any of the drive gears?

Should I sue my HOA for the error in small claims court?  
Do you think I should have my truck looked at for damage?
I did get a nice scratch on the back door that was caused I think when they moved into the holding yard.  Can I go after the tow company or should it be the HOA?  I live in Virginia so I saw you know the laws better then me.  Thanks

Answer
If you had a properly displayed unexpired authorized permit which allowed parking that would have been otherwise unauthorized I would think the HOA and towing company should work on their communication and for you not to be penalized. What is the HOA position (or excuse) for your vehicle being towed with such an authorization? If the HOA made the mistake, in my opinion, they should be held accountable for their actions and reimburse the towing fees. Just to be clear if you were parked in a designated fire lane or next to a fire hydrant it would not matter who authorized the permit it is still illegal! Fire codes take precedent in any parking situation. If the towing company did not have communication from the HOA on temporary parking permits in normally unauthorized parking spaces don't fault the towing company. I would think it should have been the HOA responsibility to inform the towing company on this new or temporary procedure. If the HOA did inform the towing company on the procedure then the towing company is at faulty. Also, I can't speak of the towing operators ability but to most experienced operators removing your vehicle would not be problem. Dollies, go jacks and a self loading wrecker in the hands of an experienced operator can remove vehicles in almost any position without damage. Here is a video link just to give an idea how it could be removed: http://www.metacafe.com/watch/1249992/century_express_series_high_volume_towing/  As for the scratch, did you mention it to the tow company before you left the yard? If you didn't it is hard to prove your case after the fact as they could say it happened after you left the lot. Most tow operators take pictures and preform a walk around before towing your vehicle to prevent false claims against them. If there is not a mention of the scratch in the paperwork and showed them before you left the lot this could be in your favor. Regards of the parking arrangement or removal of vehicle the towing company is not justify in damaging the vehicle. The HOA would not be held responsible for the scratch as they did not preform the service. In most cases the problem can be resolved without going to court but should the situation go back and forth as a he said she said the only option might be litigation. Best of luck and let me know how everything works out.