QuestionI recently visited a friend at a condo complex. The shape of the complex formed a large U with parking in front of each of the individual units. In the middle of this U is an "island" with several additional parking spots and a single lane running around it. Having assumed that each of the parking spots in front of individual condo front doors were reserved to residents I parked in one of the empty spots of the "island." Note that I live in Anchorage, Alaska and thus there was snow and ice completely covering the ground.
I visited my friend and came out four hours later to find that my car was missing. It was determined that it had been towed because I had been parking in a resident's reserved spot. However, the parking space numbers printed on the pavement were not visible due to the several inches of snow and ice (with it being my first time visiting I never knew there were even numbers printed). Additionally, no signs were present to indicate resident parking from guest parking. I therefore saw no risk in parking in the spot I had.
THe impound fee was $375 and I am going to write the condo association a letter requesting that I be reimbursed due to their lack of parking designation. If that is not successful I am considering the small claims route.
The real estate management office for the condo states that the person I visited should have known that was not guest parking (he told me it was). The guest parking was literally just two spots over, but no signs indicated this. I feel that the parking should be properly denoted to allow the lone individual to decide appropriately without ambiguity.
Is it unreasonable to be towed when the parking lot was never appropriately marked and so completely ambiguous? There's not a single sign anywhere. Painted concrete means nothing during winter in Alaska.
Thanks.
AnswerWell at first I had to laugh at this question as I can visualize the problem with signs and stuff on the ground in Alaska for parking regulations...
Then I started to dig into some laws for that area (note, hard to find them at first), but came up with some information.. It will be cut and pasted into the end of this response.
Now asking the condo association for the money back might not work well, but you never know what will happen. And the Small Claims Court will work if you feel you have to go this route..
But in doing the research, I do notice a requirement for signs to be posted. Granted they are not requiring a lot of information, but it does sound as if the Association did have it towed for a legit reason, BUT if there do not have any signs up then they made a mistake.. You can read the rules and see where I make that assumption (you know the other meaning of assume correct ?)
The rate for towing, well that is real hard for me to say if it is correct and fair or not...
Now as to your friend telling you were the guest parking spaces are, I guess part of the blame rests on them... So if you get anything back then count it as a blessing..
Good luck and I hope it all works out for you..
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9.54.020 Parking in private areas.
A. Parking in area adjacent to commercial enterprise. It is unlawful for a person to park or cause to be parked a motor vehicle in a private area which is adjacent to a commercial enterprise, and which is owned or controlled by another person, if such private area has been signed, posted or otherwise clearly designated as a private area in accordance with this chapter.
B. Parking in other areas. It is unlawful for a person to park or cause to be parked a motor vehicle in a private area which is not adjacent to a commercial enterprise, and which is owned or controlled by another person, without the express permission of such person.
C. Blocking ingress or egress. It is unlawful for a person to park or cause to be parked a motor vehicle at such place or in such position as would block the way of ingress or egress of a motor vehicle to a private area owned or controlled by another person.
D. Blocking access to dumpster. It is unlawful for a person to park or cause to be parked a motor vehicle in a public right-of-way in such a manner as to block or impede access to a dumpster. For purposes of this subsection, the term "dumpster" means a metallic bulk refuse container of at least one cubic yard capacity designed to be mechanically lifted.
E. Towing of vehicles; report by towing operator. A person who owns, possesses or controls a private area described in subsection A or B of this section may cause any vehicle to be removed and towed to a motor vehicle storage facility at the expense of the owner of the vehicle. The vehicle may be retained at the storage facility until the owner thereof pays the towing service charges lawfully claimed by the towing operator. The vehicle may be sold if unclaimed, in the manner provided by law. A towing operator which has removed a vehicle under this subsection shall immediately, and in any event not more than two hours after the arrival of the vehicle at a storage facility, inform the chief of police or his authorized agent of:
1. The make, model year, if known, color and body type of the vehicle.
2. The license plate number of the vehicle.
3. The vehicle identification number (VIN number) of the vehicle.
4. The business name and location of the storage facility where the vehicle is kept.
5. The location from which the vehicle was towed and the time of its removal.
6. Any other information which the chief of police or his agent may reasonably request to aid in the identification of the vehicle or its owner.
(AO No. 83-49)
9.54.050 Tow-away from privately owned areas.
No vehicle may be towed from a privately owned area pursuant toSection 9.54.020.A unless the person who controls, owns or possesses that area has conspicuously posted it with signs as follows:
A. Signs shall be no smaller than 30 inches by 30 inches, with letters a minimum of two inches high.
B. Signs shall be posted no less than five feet and no more than six feet above the ground.
C. Signs shall be posted in conspicuous locations which will be clearly visible to a person seated in a vehicle parked in the prohibited area during the day and during the night by use of artificial illumination, reflective materials or other method.
D. Signs shall:
1. Describe the private area in which parking is prohibited;
2. The telephone number at which information about a towed vehicle's location may be obtained and the street address where the vehicle may be retrieved;
3. It is the responsibility of the private property owner to order, purchase and post signs, including all associated costs, in compliance with this section.
(AO No. 83-49; AO No. 85-31; AO No. 2005-84(S), § 2, 1-1-06)
