Towing Issues: Car towed without warning and no tow sign!, townhouse community, towing company


Question
Okay, here is my question...My in-laws came to town and had just gotten there and the morning after they had arrived (they got there in the late evening), when we had went outside to go get breakfast their car had been towed. My husband and I live in townhouse community, and we were told that we need parking permits to park there. My husband and I have permits on our windshield, but were never told what to do when a friend or family member came by. So, we just assumed writing a little note stating that they were at our house (we wrote the address on there) would be enough. If they had any doubt they could easily come knock on our door. We live in a complex where there is an over abundance of parking. There is by no means trouble finding parking. There are no signs stating the penalty of parking there without a permit, and nothing stating the policy of guests or visitors. There are no designated visitor spots. We had originally thought that it had been stolen because there was no sign or evidence of it being towed (we later found out from the company that owns all the townhouses that they are required to leave a "sign" that the vehicle had been towed). We called the police to file a stolen vehicle report and found out that it had been towed. We immediately called the towing company to verify, and indeed it had been towed. And, to make matters worse, the people working there that day were completely rude, and actually hung up on us, TWICE! I sat there as my husband and father in law called, and both were hung up on. My father in law was hung up on because "he had cursed" (which he had not!) and my husband was hung up on because he told them that he had heard every word of their conversation with his father, and they were in the wrong for hanging up on people. My husband told them that that was not the correct way of solving problems, and in stating this, the guy hung up on him. What we did get out of them was that the gates were going to be open from 3pm to 4pm and no later. We ended up having to google this company. When we arrived there at 3:15 their gates were not even open, and we had to honk for several minutes, and eventually we found someone to let us in to get their car. The towing company charged us $250 (which is more then the regulated amount they are supposed to charge according to maryland/county law), and they told us that the written sign we had written was not sufficient enough to park there.

Okay well we find out later from our neighbors that we were supposed to be given GUEST parking permits, but we were not given them nor even told about them. The towing company should have left a sign or something stating that they had towed the vehicle (right?) and where to find it (?). There are absolutely NO SIGNS stating the towing policy.

Is there a way to get this money back ($250)? We feel that we were wrongfully towed due to the fact that we weren't even given guest passes, and were not advised of the towing policy. We rent from a landlord, so is she liable since she should have given the guest passes to us (she gave us the parking permits for mine and my husbands car, but no guest passes)? She may have not been told about the guest passes either. Who do I go after to get my money reimbursed, and what is the best avenue of approach for this situation? HELP! Thanks!

Answer
Wow this is a long complicated question here...

First of all, any home made signs on vehicles saying I am staying here, I went to this place, I lost my permit, tend to just not be worth what they are written on...

Now, it does sound as if you knew that the parking lot needed permits as you have them on your vehicles.. That should be the first clue that something needs to be done for guests... Now as to the landlord, property manager not issuing them to you, I can not answer that one with anything other than have you ever asked about this kind of issue.

Signs for the parking lot, as to what tow company did the tow, and where and how to find them are something that is most often regulated at the local City level..  Not every location requires them to be posted (sadly)...

But you will find that in 99% of all the laws they are only supposed to be posted at the entrances to the complexes not all though out the place.  But many towing services go above and beyond the requirements and do post signs all over the place...

As to the towing company leaving a sign or note as to where they towed the vehicle, I have to say that's a dream as where would they leave one,  on the ground, on a post, on a tree or what..   Sorry for the bit of attitude here, but that is not practical...

And sadly, I have to say that in each industry you will have a few bad apples that give others a bad image...  It does sound as if the towing service you encountered is one that does things on the shady side a bit... I am sorry that you had to find this out this way..

But in defense of towing companies (as I work for one also) we do get a lot of phone calls from irate customers who yell, scream, threaten us on the phone and as such we do tend to hang up (ever notice there is on hold or disconnect button for real life in front of you problems???)

Now for some things to do to solve this, one get with the landlord and get guest passes... Next contact the local police department and find out the towing laws there and see what if any rules the towing service might of broken..

Now as to who is liabile for the fees paid, first of all I am going to say that you as tenants who know you need permits are way up the responsibility chain here. Then you might have the landlord / manager on the list for not having permits for guests available..

If you are correct about no signs anywhere in the complex (remember one thing, they do get destroyed and or taken down by irate motorists) then you might have something there.   
But actual responsibility of who and if any refunds are due would depend on discussions with all parties, and or what ever a court (even small claims court) would rule..

Hope this helps you