Towing Issues: Car towed while running after being blocked in, different space, tow truck


Question
I was parked at a friend's apartment complex in Portland, OR, in front of what I believed was my friend's garage. I left a note on my car saying that if the placement of the car inconvenienced anyone, that they should call me on my cell phone. Then I went into my friend's apartment. Some time later, I noticed I had missed a call asking me to move the car as it was in front of a neighbor's garage.

When I went outside to move, I found that the neighbor's friends had parked behind me to block me into the space (there were other places they could have parked). A tow truck was in the process of moving their car, apparently to get to mine. I got in my car, started it, and waited for them to move so I could move to a different space. At this point, my car was not attached to the tow truck.

After the other car was moved, however, a second tow truck boxed me into the spot, and one of the drivers put my car onto the tow truck with the car running and me inside, waiting to move. They then proceeded to make me pay $120 to get my car back. The point that feels wrong to me here is that I was in the car trying to move it before it was on the truck, but they blocked my egress in order to basically extort the money.

Is that legal, and if not, what action can I take? I just want my money back.

Answer
Ok, let me get this straight.  You parked in front of a garage at an apartment complex which you believed was your friends.  You left a note to say if it was parked illegally that someone needed to call you...

Ok, now you missed the call and then went to check the vehicle and the tow truck was there and wanted to charge you for the services provided, even though you were parked illegally but were trying to leave...

Is that correct ?


Now as to the question, Portland does have lots of regulations in place regarding towing from Private Property. They do have stuff online about the laws which apply.

Some of this sounds a bit on the illegal side and as such you might have a case, but remember that all hearings and such are just like court cases... Present the right information and you might win, but the person who is hearing the case might see it differently.

Here is the link to some of the Portland laws and you can work from there to see what other ones apply...

http://www.portlandonline.com/auditor/index.cfm?&a=51962&c=dedgj