Towing Issues: Towed with disabled placard in Oregon, willamette week, apartment manager

Question
I am a care provider for people with disabilities, one of my clients was using a friend's vehicle and it was parked in his apartment complex that does not allow visitor parking after 11:30pm.  At 11:45pm, 21st Century Towing towed the vehicle causing both the friend who loaned the vehicle to not have access to her car as well as my client now does not have access to his placard.

The towing company claims that because the vehicle was not parked in a designated disabled parking spot it was a valid tow and that we must contact the manager.  We did contact the manager (who was quite upset to be woke up at this hour) and she agreed that the car should NOT have been towed.

Is there any way to enforce this?  It can be difficult or even impossible for them to retrieve the car in this situation and I have been unable to find statutes that apply directly to this situation.

Answer
I have been trying to research this for you also...

It is a subject which has no real information, as to parking requirements in parking lots... Just not much there... I found some stuff about the parking on street issue, and the new rules which took affect Jan 1, 2008.

I researched both the state law  SB 817 (think that was right) and also did a bunch of research via Willamette Week (they are good source of information)

Now as to 21st Century towing saying the vehicle was not in a proper space. Well in essence that is correct, but with the lack of proper laws (or references) how can they enforce it...

Now, the apartment manager will be a good help to you as they have the control over the contract with the tow company. The issue of visitor parking is one where there will be a few key points.. After all guests do stay overnight at times. So there has to be a rule covering that with the tow company. Talk to the manager and see if you can see what the conditions of towing are..

Also talk to the tow company management and see what they will do... After all they would have to "defend" their actions if they were taken to small claims court.. Yes that is an option you have, but I would get the vehicle out as soon as possible so that the fees do not increase daily.


I hope this helped and good luck.