Towing Issues: Illegal tow?, employee cars, outdoor shopping

Question
I parked in a mall parking garage and spent the day in the outdoor shopping district it is next to.  The shopping district and the mall are different companies.  Because the mall was having a special event, they towed employee cars and people who were not in the mall.  I've parked there tons of times before, and never had a problem.  There were no signs saying that they would tow, or even that it was private parking.  Was this legal?  I'm in Denver, CO.

Also, the tow company insisted that I pay $215 in cash, but refused to give me a receipt, and said that they had to give it to the mall.  The guy wouldn't even sign a piece of paper that I wrote, verifying how much I paid.  It seemed pretty sketchy that I had to pay in cash, but couldn't get a record of what I paid.  Is that normal?

Answer
Well lets look at this in a few parts...

You parked at the mall and went elsewhere. Correct?

I want you to go home tomorrow and park in the driveway of the house 5 doors down and allow someone else to park in your driveway who you do not know and can not get ahold of...

I think you would think that is crazy and wrong but it is what you did...  You trespassed upon other peoples property and as such got fined for it. That is what the towing fee is.

Signs well they usually are at the entrances to the parking lots according to law, but remember at times they do get damaged or destroyed and as such might be missing.. They are also spread out also in lots so just because they do not appear visible from each and every space it still can be legal..

Now most malls have some signs when you enter the property (Not just the garage) which state it is private property, restrict hours that people can be there, and that vehicles can be towed. They might just seem to be a information sign but they are there...  

Also each state is different in regards to sign laws and posting requirements. Plus there are also exemptions in most laws regarding special events and removal of vehicles.

That being said, without real investigation of this and the location I can not provide a totally reliable answer..

Now the $215.00 that seems to be about normal, as I do believe that Colorado PUC or DMV regulates the industry.

No receipt, that is not really correct as I see it and it seems somewhat shady.. Personally I would of demanded the receipt and if it came to it I would of had the police come down and help settle the matter...

I do have an issue here with the whole incident as it does seem that it might of been an illegal tow (this is from a tow truck drivers point of view)...

The comments that the tow truck driver had to give the fee to the mall makes me wonder here.... Do you know of any business that will do a job and then collect the money and give it to someone else???

What this sound like to me is a scam and rip off as there is no way to prove that you paid anyone or that your car was towed...   

Have you talked to the mall management at all?  They might not be aware that "MAYBE" someone is using the mall to rip off people... If employees of stores at the mall were towed, then there might be some kind of pattern here which can be tracked down...

Now I am not saying the whole thing is wrong, but something here does not add up to me... I know a few tow companies in the Denver area and a few of them do tow away's from parking lots of stores, and apartments... Most all companies follow the laws but as always there are a few that are just in it for the money as fast as they can and as long as they can get it... What goes around comes around and they usually do get caught and prosecuted.

Check with the Mall offices and also the state and see what happened and if they can determine if any laws were broken and if it was legal... You might be able to do something positive for others and maybe get your money back.

Hope this helps...