Towing Issues: MILWAUKEE, WI CAR TOWED OFF PRIVATE PROPERTY- I LIVE THERE, citiation, city of milwaukee

Question
Hi Richard,

I really need some help. I will try to make this as short as possible.
I live in Milwaukee, WI. The apts. I live in must have a contract with a towing company. We were issued permits that were linked to paperwork found in the office of the apts.. I have been living in these apts for over 8 yrs.. One morning I woke up and my car was gone, I called the police dept as i thought it was stolen. They then let me know it was towed by a private company. I then searched around trying to find info about this company. I called the manager, I told him it must have been towed in error as I livbe there, and he said he saw no permit in my window. He then said he wasn;t goingto argue with me and wouldnt even tell me the location of my vehicle, I had to call the maintenance team in order to get a hold of the apt manager asap. She told me the location. She was outraged that my car was towed as she knows my car and that I have been parking there for yrs..

Anyway to keep it short. I was issued a citiation by City of Milwaukee, and it was dismissed as the apt. wrote a letter saying it was towed in error. HOWEVER I had to pay 295.00 to retrieve my car. The lot would not let me go to my car they had to bring it to me. When I got it my permit was not in the car (which i think is very pecular as Ive had it in there every since they were issued).

I have contacted upper management for the apt. and she was tryingto work with the tow company to get monies back. However she just told me that they wouldn't give anything and she was willing to give a fair amount off of the rent.

I want to see if I can make a small claim, this is what i found to be state law,

346.55(3) and (4) TRESPASS PARKING


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(3) No person may leave or park any motor vehicle on private property without the consent of the owner or lessee of the property.

(4) Owners or lessees of public or private property may permit parking by certain persons and limit, restrict or prohibit parking as to other persons if the owner or lessee posts a sign on the property indicating for whom parking is permitted, limited, restricted or prohibited. No person may leave or park any motor vehicle on public or private property contrary to a sign posted thereon.

346.56(1m) PENALTIES - TRESPASS PARKING

(1m) Any person violating s.346.52 to 346.54 or 346.55(3) or (4) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the second or subsequent conviction within a year.

349.13(3m) REMOVAL - TRESPASS PARKING

(3m) No vehicle involved in trespass parking on a private parking lot or facility shall be removed without the permission of the vehicle owner, except upon the issuance of a repossession judgment or upon formal complaint and a citation for illegal parking issued by a traffic or police officer.

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I never received a warning for not having a permit, just was towed. There was no complaint issued or documented. The city of Milwaukee ticket was dismissed. And if I'm reading this right (according to the law posted abouve) the charges I received were way over the limits.

What should I do, do I have a case to get my money back? Is this the right law?

Thanks!

Answer
I really have no answer for this issue as I can not really find much about Wisconsin laws for towing online.


But as to the penalty payment listed I am not really sure if that is the towing fees or a "TICKET FEE"

If it is towing fees then they are way underpriced in that law  and I wonder how old that is and if it has been updated.


Now it sounds like you might have a small claims case here but remember that the tow company was only following orders from the agent of the property management.  So who would you sue????

The manager and apartment manager seem to have some communication issues and while that happens a lot, there might be some paperwork in the office which backs up that the vehicle is to be towed if no permit is visible and then again sometimes mistakes happen and cars get towed.

Knowing the vehicle verses having a permit is one thing but then again sometimes you will get a shady tow company who does not care and will remove permits so they can do the tow. It does happen.