QuestionQUESTION: I am new to Tucson, Arizona and tonight I just had my car towed from a public street as I was visiting a friend. I parked in directly in front of her house, and I accidently parked on a city block that had the No-Parking "P" sign (I didn't see it, my fault). I learned later that the other streets in the neighborhood actually had both the No-Parking "P" sign AND a Towing Warning sign in small print. But the block where I parked, there was only the No Parking "P" sign.
This occured sometime between 10pm to 2am on Saturday NIGHT, and for your information, Tucson streets are pitch black at night because the City limits the amount of street lights to allow nearby space observatories to view the night skies. I understand I have illegally parked on a city street by not seeing the No Parking "P" sign.
Also, my friends had to drive me down the street (to another block) just so I could find the tiny towing signs. I called the tow company and learned that it would cost me $200 and I was NOT allowed to pick it up tonight, nor tomorrow (they're closed), but on Monday. They are also charging and extra $20.
My questions are:
1. Do you think that I was towed with reason?
2. There was not a Towing Warning sign, so should I have been towed from a city street?
3. If you agree that I should NOT have been towed, where can I find legal literature, who should I contact to get help, and should I consider suing the HOA or Towing Company?
Since I was parked on a city street, I should have simply received a ticket from the city police. I want my car back at NO COST to me. Although the HOA may have a contract with the towing company, they did not provide a sign on the block where I parked. I would like to sue the HOA or the towing company for not having clear signs, but I just don't have the time. Thank you VERY much.
ANSWER: First of all, you state that you parked on a "City Street" and then you say the "HOA (home owners association" had you towed.
If this is true then you were really on a "PRIVATE STREET" as a "HOA" is really a private subdivision... They have all sorts of rules stating what is legal or not and what you can do with the property.
As to the signs, well I have a standard answer here and it may seem to be a bit of a smart type, but here goes...
The speed limit between signs is the same as the sign reads be it if the distance between the signs is 5 feet or 5 miles...
Now the other factor is that the sign you state is missing might of fallen off the post or what ever and not been replaced...
Towed without out a reason, I am sorry but street parking in most areas is something that is a privilege not a right. That is why driveways are there, for parking on..
Your statement regarding wanting the vehicle back "at no cost to me" well everyone wants that, but it does not happen much...
Your friend know if the "city police" patrol the area under a contract or is it a private security firm that does the police work. That might be one consideration you have to look at, because someone usually has to authorize the tow... If the HOA has provisions in the covenants regarding on street parking during certain hours, they you will find someone is out there driving around and looking for violations. Be it the police, the HOA people or even a security guard.
As to suing the HOA or the tow company, sure you can always go that route, but it takes time and money even for small claims court. But remember one thing, the towing company is usually responding and doing the job at the direction of someone be it with a contract that says tow when we call or drive though and tow any vehicle in violation which meets certain standards.
---------- FOLLOW-UP ----------
QUESTION: Great, thank you so much Richard.
I understand property owners and associations must meet signage standards in order to provide fair warning to visitors. In your opinion, do you think this neighborhood failed to provide signage on the block where I parked, regardless whether it's a public or a private street?
Thanks again!
PS - You're absolutely right about street parking being a privilege, and I had good intentions by choosing to park there. When I drove up to my friend's townhome, I saw 6 townhomes and 6 unmarked parking spaces. Nowhere did I see "Visitor Parking" and there were no driveways for these townhomes. This is how I decided to park on the street, so I could avoid getting towed for possibly parking in one of the townhome's spots. mean hoa! :)
ANSWER: Well the sign issue is a point that will be key here. There are laws regarding wording on the signs and such, but they also say that they have to be at the entrance to the complex also... You can theoretically post all the required signs at the entrances and then the specific signs where they are needed..
check out his link from a law firm in the area..
http://www.goldschmidtlawfirm.com/peforcement.html
The part about signs being visible from any point on the street is vague to me, as does that mean it has to be every 5 feet or can it be on every pole which can be 400 feet apart or so...
Do some research into the Arizona laws for your county there (if its pina they you might have answers from that link, but keep in mind that the link might be fairly old in information age)
---------- FOLLOW-UP ----------
QUESTION: Thank you. I had a sheriff help me get my vehicle (by law they cannot keep my vehicle) and the tow company is now threatening to sue me.
I looked up the subdivision plat and the street was private, like you said. Therefore the tow company may have been reasonable in towing my car per the HOA's request. I am thinking the lack of signage is more the HOA's fault than the tow company.
It seems to me that the tow company was just doing their job, they are just the middle man. I may have a stronger case against the HOA. I am considering paying off the tow company and investigating the HOA's negligence. Am I on the right track?
Answer Glad to see that you are getting things worked out...
You have noticed the one issue which I was trying to make.. The tow company is just doing the job that they are ordered to... I am glad you are considering paying the towing service and then going after the HOA... That seems the best thing to do, as they will take all the responsibility for signs, and the proper authority and regulations to have the tows done...
