Towing Issues: WRONGFUL TOWING, baltimore county maryland, small claims court


Question
THIS OCCURRED IN BALTIMORE COUNTY, MARYLAND. I BROUGHT MY TRUCK TO BUY A FUTON AT A SHOPPING PLAZA. THIS VEHICLE HAS HAD FOR SALE SIGNS ON IT FOR SEVERAL WEEKS, WHICH IS USUALLY PARKED IN FRONT OF MY HOUSE. THE VEHICLE DOES HAVE LEGAL TAGS.AFTER I SHOPPED IN THE PLAZA, I RETURNED TO MY VEHICLE AND IT BEEN TOWED.THE STORES WERE STILL OPEN AT THIS TIME, AND WAS ONLY LEFT THERE FOR 1.5 HRS WHILE SHOPPING IN THE PLAZA. SIGNS READ ILLEGAL OR UNPERMITTED VEHICLES WILL BE TOWED, BUT NO WINDOW PERMITS ARE REQUIRED TO SHOP IN THE PLAZA.THE REASON FOR TOWING WAS BECAUSE THE VEHICLE HAD FOR SALE SIGNS. I PAID THE 228.00 TO RETRIEVE MY VEHICLE.I FILED A COMPLAINT WITH THE TOWING COMPANY. DO I HAVE A CASE TO GET REIMBURSED FROM THE TOWING COMPANY/OR SMALL CLAIMS COURT?

Answer
Well this issue is one which has no real answers, yet is one which is a major problem...

Let me explain a few things here...

Lets say that a local car dealership wants to hold a huge sale and as such gets with the shopping plaza and rents part of the parking lot to hold the sale.  Yes they pay for the right to sell vehicles there...

Now by the same token, if you have a car for sale and take it to the shopping plaza and park it there for 2 weeks with signs in the windows then it becomes an abandoned vehicle.. Remember anything sold in the shopping plaza is generally sold by stores who pay a percentage of the sale in a form of rent also..

Now as to you parking the vehicle there to shop, that is a big gray area.  Was it close to an entrance or exit ??  Remember that the key here will be "VISIBILITY" of the vehicle... If you were parked in the middle of the lot and surrounded by vehicles it might be different than if it was out on the edge of the property..

But also remember that the property owner (shopping plaza management) do and can make the rules...
This is one of those "GRAY AREA TOWS" which is real hard to deal with, and it does wind up in Small Claims Court most of the time...

If the tow company does something for you by refunding any of the payment, I really doubt that will happen. I think that the management of the shopping plaza will be the ones to refund the money, especially when you were a customer (I hope you did buy stuff and have receipts)