QuestionWell I was hoping you could give me some advice on it...not legally. But could you show me both sides of the argument? Maybe explain why they COULD tow my car, and then why they could not? Maybe there is something I left out. If you want, I can send you pictures of what the spot looks like via your email. Thanks again.
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Followup To
Question -
I am in Tallahassee, Florida where I am currently attending FSU. I am living at an apartment complext that is relatively close to campus, so you can expect many people who don't live here park in the spots.
The basic story is this: I had just come back from getting my rear bumper fixed from a fender bender, and was going to park my car at my apartment complex. There were no spots available. I was already going to be late for class, and had no time to call the tow company and ask them to come tow people (I have done this before, and they took over 45 minutes to show). So I parked in this grassy spot that was a perfect size for my car. Why the grassy spot was there, I do not know. The parking area is L shaped, and the grassy spot is at the corner where the lines intersect, if that is good enough to explain. So I parked there, and left a note on my dash saying "There were no spots to park in, I parked here and am a resident. I will move as soon as I find parking." I returned from my class to find my car had been towed.
Here is my argument: I am a resident of the Royal Oaks community. I paid to have a parking spot, and was TOLD by the manager that I would have a guarenteed spot when I was moving in. The sign at the parking lot says, "Parking enforced 24 hours, Unauthorized vehicles will be towed." Last I checked, I was authorized since I had the parking decal. Then she said I could not park in the grass...and the contract does not say grass, but "landscape." I looked up the definition of landscape to being "extensive plot of land." This plot of land is only small enough to fit my small car.
Here is my saying on it: They told me I would have enough spots, there were none. I paid to have a parking spot there, and they did not give it to me. I was going to temporarily park there. Another thing, the unauthorized cars that were there when I parked, were still not towed after mine was. Next, my apartment is refusing to pay for my fee for being towed.
And tonight, when parking my car, there were no available spots again. When I called the tow company, they said they could not send anyone out unless there were 3 or more cars in violation. So I was left parking spotless.
To sum it all up...I parked in a spot that was in no inconvenience to anyone. It was not in the way of anyone. My apartment did not live up to their agreement of providing parking spots. I do not see why I was towed over people who are not even residents. The front desk said it was illegal for me to park in the small grassy spot. But they could not show me in writing that I was not allowed to be there...other than "parking on the landscaping." Which there are 2 acre landscapes around the apartment...that is what they mean, not the small 15x5 foot grassy spot.
Please tell me what to do about this. I am a college student who is already short on money...and could use this $88. My roommate and I are thinking of taking them to court, because his brother is a Real Estate Attorney. They have already violated other parts on the contract already...this is just the tip of the iceberg. Because of them, I was unable to turn in my essay to class...missed 1 class, and had to force my girlfriend to drop me off to get my car. It was a huge inconvenience to me...and i think someone else should pay...not me.
Answer -
Christopher,
If I were you, I would definitely take this up with the owner(s) of the apartment complex. I am not familiar with the laws in Florida, so your idea of utilizing your ability to have your roommate's brother, the attorney, sounds like a good one. Good luck to you.
AnswerChristopher,
First of all, you should understand that tow operators are notorious for doing absolutely anything and everything they want to--and have for many years. Until last year, and since 1994 (when the Federal Aviation Administration Authorization Act was passed), there has been no federal regulation of tow operators. First, they passed legislation that took away states' rights to prosecute criminal activity by tow operators, then the tow operators lobbied to congress to abolish the then-existing federal authority. That left them able to run rampant and get away with just about anything without having to worry about being prosecuted. A year ago August, new legislation was passed which makes predatory towing illegal. Now, states and the federal government are cracking down on illegal activity by tow operators. Some tow operators have also been known to have links to organized crime. For many years, they've been able to take just about whatever vehicle they wanted, lie to the owners about the vehicle's whereabouts and then sell the vehicle for profit after placing a lien on the title. Then they have the audacity to send the owners of the vehicles to collection agencies to recover money they claim they lost after already making a huge profit. I honestly don't think that many tow operators have figured out after more than a year that they're not totally invincible. Hopefully more of them will be prosecuted for illegal activity and the word will spread that what they're doing is not acceptable. If they grassy spot where your car was parked is as insignificant a part of the landscaping you described in your apartment complex, and if there were numerous cars without permits parked in the parking lot leaving you nowhere to park, then as a resident I would persue with the owners of the complex that they are in violation of your lease agreement by, for all intents and purposes, not making sure that you have a place to park your car when others without permits are not being towed away. If you had a permit to park there, then the property manager should have towed the vehicles without permits first, then addressed the issue of a small piece of grassy lawn being occupied by one of their own residents. Also, you should know that blanket contracts (or authorization) between a property owner and a tow operator to remove vehicles from private property do not satisfy the legal requirement that a property owner, or his agent, must be present for each and every tow ordered and must sign the authorization for the tow. Try to find out who at your apartment complex signed the authorization to have your vehicle towed. If the tow operator did not have authorization to tow your vehicle by either the owner or agent of the property, then the tow is considered illegal and you should file criminal complaints against the tow operator with any and every law enforcement agency you possibly can, including the Florida Attorney General's office. Small claims court is a hassle, but sometimes it's the only way to recoupe your loss because in many instances the tow operators are in fact linked to law enforcement agencies and have been known to have great political influence which has allowed them to get away with such activity. You can also contact your local news media and try to find out if the particular company you're dealing with has had other complaints against it for similar types of situations. Perhaps you are not the only one who has filed a criminal complaint against the owner of the tow company, and a pattern can be established. In any case, you are going to find yourself in a much better position to get any money back if you have documentation, photographs, eyewitnesses, and especially an attorney. I understand your frustration, but if you stay on top of it, maybe you'll get some resolve and the apartment complex will get that they should be towing the cars that shouldn't be parked in the resident lot instead of one car that's entitled to be on the property but has been left with nowhere to park. I hope I've been able to shed a little more light on your situation.
Jason
