QuestionMy car was towed from my apartment complex because it was parked in a handicapped parking spot. I have a valid handicapped placard and has parked my car in this same spot for over a month. The placard my have fallen off the mirror last night. I called the apartment complex and the towing company and informed them that there is a valid placard inside the car; they said I still have to pay $100 to get my car back. Do I have any recourse for getting my money back because I was not illegally parked.
AnswerWell, from what I see in the question your placard fell off the mirror and as such was not able to be seen. Now I am not sure of the legality of the tow, since you did not mention the city or state and some of them allow for the tow company to "patrol - cruise" the lot looking for violators and others require the management to physically be present and sign for the tow.
It does sound as if your area allows the "patrol" of lots for illegally parked vehicles.
That being said, when I used to do a lot of impounds I would physically check the vehicle for a permit which might of fallen down, but that was me.
And I used to tow vehicles for no placard visible. But the people always had placards and it was amazing that they would say it fell down and when we both went to the vehicle it was not visible, as it was under a seat, over a visor or in the glove box.
Now if it fell you might be able to fight it in small claims court, but you would need proof that it was there to start with, and that would include photos of it hanging and then a photo of it on the floor (face up to be readable would be best). And of course you would have to have them taken at the tow yard so that it could be proved that it was there.
Lots of issues in "hanging permits" which is why I really did not like those kind of permits.
Your only recourse would be as I mentioned above and that would be small claims court.
And your evidence would be what would win that case.
