Towing Issues: Motorcyle towed - what are my rights?, certified mail, visitor space


Question
I live at an apartment complex in Redmond, WA. I have been living here since January of 2007. We have an underground parking with parking spots registered for tenants and visitor spots. I have been parking my motorcycle since February, 2007 in one of the visitor spots. As I was away for work between June 14, 2008 and September 12, 2008, and my mail was on vacation hold at my post office. I noted that my motorcycle was towed away by a towing contracted by the apartment complex and then again auction off upon return. Specifically on July 22, 2008, the towing company towed away my motorcycle. I received a certified mail (which I just picked up on Saturday), on July 27, 2008 stating that my motorcycle will be auctioned off on August 21, 2008. I spoke with the towing company and they said that they have auctioned it off. I have the notifications from the Towing company and it is noted that the Property Manager towed the motorcycle.

Can I take the apartment complex or the towing company to court?
Thanks,
Manu

Answer
Sorry for the delay in answering, its been one heck of a week at work...

Well from what is sounds like in the question, that you are "a day late and a dollar short" in this issue...

Washington has some great laws regarding lien sale rules and notifications of owners and lien holders...  
It sounds like the laws were followed and that is not what you wanted to hear, but if you were to take it to court, the judge would most likely defend the towing since you admitted it was parked in a visitor space not your assigned space...

Now since it was sold at auction, there is not much you can do about that, and to sue the apartment complex who authorized the tow would be the only possible thing I see to do... The tow company was "asked - ordered" to perform the service of towing the vehicle away and did so after receiving a written authorization.  Most likely would not get anywhere in court against that issue..

I know it is not what you want to hear, but if you go away for extended periods of time, you might consider having someone you trust to check your mail, and stuff... Plus if they had a power of attorney they might of been able to handle this issue for you, or at least they could of notified you...  Having the post office just hold the mail is not real good as you see.  It cost you your motorcycle...

Sorry for not having a good answer or direction on what to do.