Towing Issues: Towed from public street., tow company, private driveway


Question
QUESTION: I live in Washington state in an area with separate fourplexs and the buildings are owned by different owners. The street is listed as a city street with condo garages on one side and fourplexs with carports on the other and the street in between. The street kinda resembles a private driveway but it IS listed as a city street and everything. I parked at the end of one of the fourplex carports on the street. I didn't notice till the next day that there was a no parking sign hung 10' ft in the air from the end of the carport but the only towing signs were against the building 40 feet away off the street.

I was not blocking anyone and was again parked on the street. My truck was towed at 9:30 am. I asked the tow company for the invoice showing who signed for the tow but they said they couldn't give me that info do to privacy laws. They did at first say it was someone named Paul at the complex next door. I believe that is the owner of that complex, also whoever called to have me towed dumped trash and a mattress into the back of my truck on top of furniture I was moving into my apartment.

So what I'm wondering is can they tow a car from a city street without notice where it is not clearly marked and cars are parked there 24/7 anyway? Can they withhold the information on who signed for the towing? How do I find out if this person was authorized to have a vehicle towed? How do I find out with the towing company has a contract that is still valid with the owner of the building? Who would be responsible for reimbursing me the $300 it cost to get my car out of impound, the company or the person that had me towed?

Thanks

ANSWER: Well, this sounds a bit interesting as I think the actual problem is the "definition of the driveway/street" you were parked on...

From the sound of it, it might be a private road even though its "listed as a City street".. I am not sure here, but is the street sign green or blue... Green is usually City property, and blue is usually private.. That is not always true but it usually helps define the property...And at times there are yellow street name signs... Do any of them say private on them anywhere?

Now I also know that you mentioned that its a combination of property with different owners, and that usually creates problems as everyone believes the laws say different things...

Now back to the street issue, if it is a "city street" then the only ones allowed to have vehicles removed are city-state officials (police) for parking violations.

Now as to telling you the name of the person who ordered the tow, that I could not find information about that specifically for Washington.. But it would not surprise me that they could not.

Trash and mattress, well who knows about that, hard to say who did it but given peoples attitudes and actions today it really does not surprise me..

Now as to the questions at the end, well you can sue all the parties involved in Small Claims Court, and "let the judge sort it all out"...
But at times that does not work much, Basically the tow company responded to a call to perform the service, even if they did it at orders from someone not authorized to have it removed.

As to the contracts, It might be hard to get that information as to who is authorized as it could be considered a legal document between the parties and might take court actions to get that information...

Sorry for not having specific information but I tried to provide the best information I have... There is a lot of information online about towing under the RCW's of Washington. Plus then there are also City laws which are specific to your area...

I hope this helped and also here are some of the RCW's for sign laws in Washington below.


Here is a cut and past about the sign laws for Washington State..

( Remember these are State laws, and some cities may adopt additional regulations beyond what the State requires)
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REVISED CODE OF WASHINGTON RCW 46.55.070
Posting requirements -- Exception.

(1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:
(a) The times a vehicle may be impounded as an unauthorized vehicle; and
(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.
(2) The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.
(3) The department shall adopt rules (See WAC 308-61-145) relating to the size of the sign required by subsection (1) of this section, its lettering, placement, and the number required.
(4) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.]

WASHINGTON ADMINISTRATIVE CODE WAC 308-61-145
Specifications and posting of signs

(1) Signs shall measure at least 15" by 24" and the lettering thereon shall be clearly visible to all who park.
(2) Signs for publicly owned or controlled parking facilities need to disclose that unauthorized vehicles will be impounded and must also disclose a phone number for redeeming a vehicle. If a registered tow truck operator is used, the signs shall meet the same requirements as in the posting of private nonresidential property. [Statutory Authority: Chapter 46.55 RCW. 86-03-011 (Order DLR-088), § 308-61-145, filed 1/6/86.]


---------- FOLLOW-UP ----------

QUESTION: The street sign is Green and there is no indication anywhere saying Private. I looked up the Plot and there is an Easement through the properties and I was parked well within the easement. Does that make a difference?  Also for the signage, there is a tow sign on the building itself with is 40 feet back from the street that I parked on. There was a small no parking sign 10 ft in the air but not visible at night because the light was out, this sign however is only 6"x12", looks like a street sign someone took and nailed to the carport.

I did find the owner information and he was the one that had my truck towed. Who would I ask then to reimberse me, the tow company or the owner of the property?

Answer
Well, it seems you are getting the right information about who owns what and that will determine who is finally responsible for the towing of it...

If you want to try and get the money back I would think the person who owns the property is the one you should go after... The tow company was just doing what it was asked to to...

The easement might be still considered private, but city maintained so that might be an issue... It all depends on what they agreed to when it was granted.

Small claims court would be the way to go, but remember that you might not win at all and still be out the of the money you paid...