Towing Issues: Private Property Towing issue, re: private property towing issue

Question
I live in Chattanooga TN, my car broke down on Sunday 09/14/08 in front of the apartment complex office. The name of the apartments is Dogwood Place.  As I was heading to work with my girlfriends car I noticed the car was gone. The apartments are not open until 10:00 Am Monday so I called them at 9:52 Am on Monday While on the way to work to let them know that I will have it towed within the next hour. By that time as I pulled past on the way to work the car was gone. They towed it without giving me a business day to take care of the car. The car was just serviced at a repair shop called Greased Lightning in Ringgold GA. The car broke down 2 days after being repaired. I had it fixed on Friday 09/12/08 That repair shop will tow the car back to them for free because it is apparent that they did not fix the issue. The apartments without notifying me towed the car with a company called Ace Towing in Chattanooga towed my car and advised me that because it was private property tow it cost more to tow. Is that true? They charged $225.00 to tow that car because they say its a private property tow and all the paperwork cost more money. Also is it legal for my apartment to tow the car without any notice, the car was parked. They towed it at 9:05 am per the office staff named Karen. That is before the office officially opens. I did not have a chance to have that car moved because of the weekend. It makes me so angry because had they waited until 10:00 am that’s when they open just an hour longer It would have been towed by me and for free because the shop owes that to me and are being awesome about the situation.  It was not my fault the car broke down it was the repair shops fault. Do I have any legal rights in this situation. If the lease does not have anything in there about abandon cars do I have a case for small claims court?

Answer
Rene'

I am not fully aware of the tennessee impound laws, since I am located in oregon. Ace towing should be able to recite to you their right to tow the car.

A tow company usually has a contract with the property management company. In most instances the towing company will patrol the property and tow vehicles that are broken down, in the wrong space, or not authorized to be on the property. The other possibilty is that an employee called the tow company to tow your car. The apartment management should be able to provide the specifics on why your car was towed.

As for the price of the tow bill. $225 is a consistent rate for a private property impound.

You should legally be able to contest the validity of the tow, and the tow company should be able to give you the information you need to follow up on this. In oregon, such information is required to be printed  on the back of the tow receipt.

I hope this answer helps you

Donald Wallace
Beaverton Towing, Inc.
Beaverton, Oregon
503-644-3533