QuestionShort version of story:
I am renting a parking spot from a realty company. It states that I can park in a "deeded parking spot behind x address." There are 3 parking spots behind that building, and all three are rented out by that realty company, and the realty company says that all 3 agreements are phrased the same way, though people have gotten used to parking in their own spots, which I understand.
It was inconvenient for me, on one Tuesday, to park in the spot I'd been parking in for the previous week and a half, so I parked in one of the other three spots. The next evening my car was towed, but I was not informed of the tow, and only discovered it when I called the Boston Police Department's tow line on that Friday.
What are the legal policies for how much I can be told about who called in the tow? The realty company is denying all knowledge, and saying that I need to figure out who called in the tow. The towing company is telling me that they were called by someone, refused the tow, and then the someone called them back and said that they were authorized by the realty company to request the tow, so the police have on their records that the realty company I'm renting the space from requested the tow.
Beyond the fact that $160 is around a tenth of the amount I make per month and more than the cost of renting the space for one month, I'm morally outraged that I had to pay for a tow from a space that I'm renting.
My questions: How much is the towing company authorized to tell me, and how much are the police allowed to tell me? The person from the Boston Police Department's tow line told me the time of the tow, the towing company, and that "Charlie from Realty Company" (where Charlie isn't really the name that I was given, but the name I WAS given isn't a name of anyone working for Realty Company, according to Realty Company (which isn't called Realty Company)) requested the tow. The towing company has told me that they have to keep on record the name and number of the person that requested the tow, but that it is illegal for them to tell me that information. Realty Company has recommended I threaten to file in small claims court against the other parking tenant that is suspected of having requested the tow, and indicated that they have no interest in helping me settle the situation. Personally, I believe it possible that the person who runs Realty Company was an idiot and authorized another parking tenant to get my car towed (even though I have a parking agreement for that spot), but the employee that I've been in contact with assures me that they asked and that is not the case. So...my last question is: If the police say it's Realty Company, based on the Towing Company telling them it was Realty Company who requested the tow, based on the phone call claiming that Realty Company authorized the person to call in the tow, should I really file against Realty Company? Do you think I have a leg to stand on (like...if they walk in and say "we had nothing to do with it"...what happens then?)? I've supplied everyone involved (except for the police department) with a copy of the receipt fo the tow and a copy of the parking agreement. And I've taken as many pictures as I thought were useful. And I prepared a long word file of all of my actions involving finding out who the responsible party was, etc, and gave it to Realty Company and the person that Realty Company claims is at fault.
Thanks for any help you can give me!
AnswerWell this sounds like a can of worms here.
Over my years of towing, I have had many people try to get vehicles towed from spaces. Long story short PEOPLE LIE about who they are to get what they want done.
The reality company sounds like they did what they can. The towing company sounds like they are following some of the laws regarding property owners rights and disclosure. The privacy issue is one that is hampering alot of towing companies and property managers nowadays.
Small Claims court action is one that is always available. But one thing to remember is the old saying " sue them all and let them sort it out"
If you decide to go to court, I would recommend including all parties involved so that the judge gets ALL THE INFORMATION to decide the case.
Towing companies are regularlly sued for towing issues from private property, and management firms always try to pass the buck to the towing company for blame. Sometimes it just takes a bit of a push to get the information to resolve the problem.
Check into the small claims court action and then decide what to do. I do feel that your problem is with the other tenant, as you did mention you parked in another space for convience .
