Towing Issues: Unreasonable towing in Indiana, indiana state law, small claims court

Question
QUESTION: Tonight I visited friends who stay in an apartment complex where they tow
cars not parked in visitor parking places.  The apartment complex has signs
posted at the entrance tot he complex stating that cars parked in non-visitor
areas will be towed.  However, the complex has no signs to distinguish
resident parking from visitor parking.  I have visited my friends many times
before and have never been previously towed in the area I park in.  Tonight,
my car was taken and the towing company wanted $160 to have it released.  I
refused to pay and the company took my contact details and stated they will
take me to the small claims court to recover the money, but let me take my
car.  I am in Indiana, but I'm a British citizen, so I'm not sure of the ins and
outs of US or Indiana State law.  Do I have any rights to object and refuse to
pay the $160?  It seems unreasonable for the apartment complex to have me
towed with out signs clearly stating where I can and cannot park?  There was
20+ free space in the parking lot, so spaces for other cars was not and
never
has been an issue.

ANSWER: Well sounds like the signs at the entrance did what they are supposed to be doing, informing people of the rules..

Now as to why you got towed from that space that one time, might be like winning the lottery.. Things just happen... Now I do not know if that space was like a covered space, those tend to be assigned to tenants, while uncovered spaces are usually visitor spaces.. That is just a general rule that seems to apply in most apartment parking lots that I have seen over the years.

Now signs do not have to be posted in each and every space (imagine what it would look like then) but in a lot of cases I have seen where a number or such is painted on the parking stop curb at the front of the space... It might of been that kind of issue here, and unfortunately that kind of marking has it's drawbacks also... Dirt, oils  and just plain wear and scrapes do take tolls on the numbers...

Now I do find it surprising that the tow company let the vehicle go without getting paid, something seems wrong there, as you do mention that you really do not want to pay for the service provided...  I mean do you really think they can do that and collect even 10% of the time on vehicles they tow..  Something does not seem right there to me.
The British Citizen issue, well that does not really make much difference as you are supposed to obey the rules, regulations and laws of where you are not what British law would allow or not. I know over there the towing issues are a huge difference from the ones here.
As to the laws, well it sounds like the signs did meet the requirements set in the laws I found, which are very basic to say the least...


I would discuss this issue with the apartment complex and find out the TRUE REASON it was towed, and who authorized it... I would also discuss the issue with the tow company after finding out the reason for the tow... Remember that the tow company is usually responding to a call from management to remove the vehicle and as such is just following what they are asked to do.



---------- FOLLOW-UP ----------

QUESTION: Thanks for your answer.  To clarify things further:

There are no covered parking spaces, there are no numbers painted on the
parking stop curbs.  This is my whole point there is NOTHING to indicate
what is and isn't visitor parking.  I understand it is not necessary for them to
post every individual parking space, but surely some degree of notification
must be given to instruct visitors where they can and cannot park.  So my
position is that the apartment complx is being negligent and therefore it is
unreasonable for me to pay a towing fee.  My friends in the apartment
complex and their neighbours have complained many times to the complex
office about the lack of signs and people being towed.  The office responds
that they don't see it as a priority.  They seem to have an arrangement with
the towing company where every evening they remove all vehicles from
residential areas, rather than the management calling them to remove specific
cars.  I don't know if the complex and the tow company share the tow fee.  
But I was removed 30 mins after I parked there, so it seems like they are just
out to make money rather than enforce a reasonable parking policy.

I understand that as a British citizen I have to obey the local state law.  My
point there was I want to know the specifics of Indiana law to see what my
legal rights are, and how I should proceed.  Being British I am
undertstandably less informed about US law than UK law.

So my questions now are:

Do you know if the tow fee is shared?
Do tow companies need to be specifically asked by management to remove
particular cars?
Any idea of Indiana law on the matter?

Answer
Well tow fees are usually just collected by the towing company for services which they provided... Not shared, but I do have to say that there are always some "bad apples" in every business who bend the rules or do illegal things...  Kick backs do happen but they are not real common.

And a tow company can have authorization to "cruise or patrol" a parking lot looking for violators... Or they can have it where they are called for each and every vehicle to be removed.  Just depends on a few laws and some contract language...

Its hard for me to really say what is correct as there are state laws, city laws and sometimes county laws which apply, and some of them do overlap or get more into detail... I have checked what I can find for Indiana and it seems to be very lacking for information.

Sorry