Towing Issues: Unauthorized Towing of My Vehicle, cincinnatti ohio, campbellsville kentucky

Question
In January of 2008 I was driving a personal pick-up truck that quit along a highway next to a strip mall in Campbellsville, Kentucky. I managed to coast into the strip mall parking lot in a space near some Kroger gas pumps. Due to the cold weather and being unable to get a mechanic to see what was wrong with the truck, the vehicle stayed in the parking lot a few days.

When I was able to get the truck fixed, it was no longer in the parking lot. I spent half of a day trying to locate the truck. The city police department called me 15 minutes after I reported the truck missing, discovering it was towed by a local Firestone store of Campbellsville. The Firestone owner stated the truck was towed at the request of a cellular phone store, which rents store space in the shopping center.

I contacted the main property manager over this privately-owned shopping center in Cincinnatti, Ohio, to find out if the cellular phone company had jurisdiction or authority to have a vehicle towed from a parking lot it does not own or rent space from. Even though the cellular phone company rents/occupies space in the shopping center, I found out from the main property manager that none of the store renters (including the cellular phone company) had the authority to tow an unoccupied/unknown vehicle from the parking lot.

Legally speaking, I think the cellular phone company unlawfully moved my personal property from a parking lot that it had no authority over. Firestone is as wrongful in its participation of moving this vehicle from the parking lot as the cellular phone company. It took Firestone almost one week to move the truck to my driveway from its impoundment facility. They charged me $100 for the vehicle to be towed to their impoundment building, and then to my driveway.

The lower front bumper is cracked, and the truck doesn't run. Firestone towed this vehicle without getting written authorization from the cellular telephone company in the shopping center.

Should Firestone have to pay for the damages done to my vehicle that it made during an unauthorized tow? Who should I contact regarding this matter?


Answer
This issue does tend to fit the "illegal impound" issue and as such it can be taken to court to recover any fees paid for the impound... I do not think you could get any of the money back for towing it from the tow yard to your house..

As a general rule, a written authorization is required to "legally" remove vehicles from private property and it needs to be from the "property owner, manager or agent designated" before it can be a LEGAL TOW.



But as to the damages, well talk to the tow company and advise them of the damages... Be prepared for the "pre existing damage" comment as they will most likely deny that they did it or had any control of it being damaged....

Someone backed into it or you are responsible as it was that why before it was towed will be most likely the comments.

If you get no where, you can do the small claims court and hope that your evidence is strong...