Towing Issues: private property tow, tow truck drivers, tow companies


Question
I did a ppt at a residence where someone had parked in another persons driveway blocking them in the garage.  The person called in the tow as him being the property owner and now I have been summoned to court and have found out that he was not the property owner.  In the future do I need to see proof or is there a law regarding this?  Can I win in court with the fact that he said he was the property owner and signed the tow ticket.  This is in the state of Colorado

Answer
Wow, this one is good... Unfortunately the person who "claimed to be the owner" did commit a crime and as such is ultimately responsible for the tow, but courts do not always seem to rule that way...

Tow companies are constantly running into this issue, as no one has the "TITLE" to the property in their hands... This is a big issue and there is really no way to verify the ownership issues...

Now as to how to "CYA" for tow truck drivers, the best method is to have a form which they fill out giving authorization to tow, and the persons information should be recorded there including their drivers license number, name and such...

Colorado does have some laws about towing from private property but this is not covered in there. You kind of have a special case here.

But the judge should rule with you, as you were doing the job you were requested even though the person was wrong in ordering the tow.

By chance is this a shared driveway, those are always a big issue to deal with.

Good luck and I hope you come out ok on this issue.