Towing Issues: tractor trailer towed away, small claims court, tempting targets

Question
I parked my 18 wheeler in an empty area of a sears parking lot on Long Island and did some shopping at the store.  Afterwards, I left the truck and walked to my family's home where I spent the night.  Next morning the truck and trailer were gone.  I called the police and was told that it was towed by a company who was contracted by sears. There were five other trucks parked that morning in the same area of the lot that I was towed from.  There was a sign on the other side of the lot, warning against unauthorized parking.  I talked to the store manager and got permission to park the next night, and was told that they had not called the towing company to have me towed the previous night.  They called the towing company and told them not to touch my truck while it was parked there.  I had to pay the towing company $1500 to get the truck and trailer released.  Do I have a civil case against the towing company for the $1500?

Answer
well as to the answer to this question (and the other one you asked 49 minutes later for the same issue) about the civil case, yes everyone has the legal rights to contest towing issues in small claims court.. It is your right to do so.


But in defense of Sears, even though you went shopping there and bought stuff that still does not give you the rights to leave vehicles there overnight... Where you a customer at 2 am in the morning ??

Now as to the other trucks in the lot, it is hard to say if they were legal to be there or not, but I do realize that a large tractor trailer combination is hard to find a place to park and yes store and mall parking lots are tempting targets to park in they are still private property and as such the property owner - manager has the legal rights to have vehicles towed from the lot.

As to the $1500.00 FEE  I do not find that surprising in the fees charged as I have seen some tow bills from that area on impounds... I bet you got charged for each wheel on the truck and trailer also...

But bottom line is while there are not many truck stops on Long Island I would make an attempt to find a legal place to park if you are going to be parking there often.

Good luck in court is all I can say as it all depends on your evidence as to if you were legally parked or not when you go in front of the judge.