Towing Issues: Car got towed with reason of parking on Fire Lane, fire lane, tow company

Question
Hi
my car got towed for the reson of parking on the fire lane.  I live in a town house community.  I parked in front of my own garage which has no red fire lane indicated.  I was just park there to drop off the kids and I did made them some quick food then go move the car, but it's towed in 30 mins.  However the tow guy told me that all areas on the community is fire lane that can't be parked.  I read the HOA parking regulation, it didn't say that all area is fire lane.  I was wondering what will happen if i dispute through my credit card company?  Or should i file a law suit thru small claim court to get my money back?  Sue who?  the tow company or the Security company who informed them? or my HOA?

Thanks so much!!  

Lei

Answer
Generally any "DRIVING AREA" in the complex is a fire lane as the fire department needs room to get though the complex.. Now this "lane" can be anywhere from 10 to 20 feet wide or more...

You did not mention what City or State you are in so I can not help you with a link to the specific state laws (if I was able to find it) on the definitions of a fire lane.  But from what it sounds like, parking in front of your own garage (if its a common area of lots of garages) does constitute a fire lane (practical experience here) and even if it does not have red markings it can have signs or other methods of conveying the message...

Now as to who to sue, well think about it for a second...

The tow company responded to the call from the security company who authorized the tow at the direction and guidelines of the HOA...

So if you only sue the tow company you most likely will lose, as they were doing what was ordered and authorized...

Security company is following the rules and guidelines set forth by the HOA, who makes the rules for the community and is also following the state laws which apply regarding fire lanes and parking in them...



Now the HOA might be in violation for not properly marking fire lanes and that would depend on the laws of your area.



Disputing you payment on the credit card, really is going after the wrong people I believe as the tow company was only doing the job they were asked to...