Towed from my assigned parking spot - Legal?

[BobDoLeSS]

Last NIGHT, tow truck driver was blocking the entrance, standing outside of his truck and taking a picture of a sign which wasn't there before. This sign was mounted on a little u channel post in the grass, unlike all other signs which are mounted onto buildings, gates and short walls.

Sign was exactly the same as all the others except it also added in the following: "All vehicles must move every 72 hours - no storing vehicles"
I had been out searching around for signs and I KNOW this sign was not there before.

I feel like I am in the twilight zone.

Court date is tomorrow. How would you handle this bombshell in court (assuming they claim it was there all along).

 

[UnleashedBeast]

IMO, a good judge will not care that your car sits more than 72 hours in an assigned parking spot that YOU pay for monthly. He will probably rule in your favor, and then advise you to move to another complex that doesn't have such rules.

It also seems like the apartment complex is trying to cover their avenues, and the towing company the same. When you said the towing company brought a care package to the manager, I knew right then what was going on. It's a racket!

 

[Seraphus]

Last NIGHT, tow truck driver was blocking the entrance, standing outside of his truck and taking a picture of a sign which wasn't there before. This sign was mounted on a little u channel post in the grass, unlike all other signs which are mounted onto buildings, gates and short walls.

Sign was exactly the same as all the others except it also added in the following: "All vehicles must move every 72 hours - no storing vehicles"
I had been out searching around for signs and I KNOW this sign was not there before.

I feel like I am in the twilight zone.

Court date is tomorrow. How would you handle this bombshell in court (assuming they claim it was there all along).

Should've busted out your phone/camera and taken pics of him doing that. Either way I don't think a decent judge would rule in their favor.

Good luck man! Keep us updated! :rockon:

 

[RDJ]

That is an illegal rule when you are paying for the space and are out of town. I would bring it up in court. tell the judge what you saw and he can check the date on the pictures. if you can get a neighbor to go with you to testify that it was not their earlier so much the better. Take your copy of the rules, by-laws, lease or whatever with you so you can show the judge that there is no such rule in your lease. Also make sure to ask him to issue an injunction against the owner / manager from towing cars of residents that are out of town.

Going forward notify the manager both via email and certified mail that you are going to be out of town and the dates. specifically state that your car is NOT being stored since you can't drive it when you are out.

the rules are vague and unenforcable and that is the point you want to make. they are also discriminatory against those who travel for work and have to leave their cars sit over 72 hours.

Last NIGHT, tow truck driver was blocking the entrance, standing outside of his truck and taking a picture of a sign which wasn't there before. This sign was mounted on a little u channel post in the grass, unlike all other signs which are mounted onto buildings, gates and short walls.

Sign was exactly the same as all the others except it also added in the following: "All vehicles must move every 72 hours - no storing vehicles"
I had been out searching around for signs and I KNOW this sign was not there before.

I feel like I am in the twilight zone.

Court date is tomorrow. How would you handle this bombshell in court (assuming they claim it was there all along).

 

[UnleashedBeast]

It also doesn't state anywhere in the rules that he must notify the manager/office that he is leaving town, and his car isn't a stored car. I find it hard to believe that you can't even go out of town on vacation and leave your personal car in the parking lot that you pay for, and it will be towed.

Yep....racket!

OP, can you post a picture of your car, in YOUR parking spot? I want to see what the judge will see.

 

[sonicsaleen]

good luck.. hope you win.

 

[deadernie]

Good luck to you OP. That is a seriously ****ed up situation. Twilight Zone indeed.

Wouldn't illeagally towing a car equal theft? Could file against the towing company also.

 

[bubbal00ve]

*removed by moderator - please keep your illegal suggestions to yourself*

 

[kingCOBRAsvt_99]

Dont mind me im just sitting here with a big old bag of op: and some :beer: Sorry to hear of all the crap your having to go through but from the outside looking in its making an awesome read. Good luck today in court I know im not gonna be the only one checking back in frequently today looking for updates.

 

[FordSVTFan]

IMO, a good judge will not care that your car sits more than 72 hours in an assigned parking spot that YOU pay for monthly. He will probably rule in your favor, and then advise you to move to another complex that doesn't have such rules.

While that is your opinion, it is likely a judge will review the contracts and decide accordingly.

OP, as for the tow truck guy taking a picture of the sign. Take one of your own. See if you can tell if the ground around the post is disturbed showing it is newly installed and then snap a pic of it. Also, a pic of the sign showing it is perfectly clean and new will help as well. If they present that evidence on cross state: "Isnt it true that photo was only taken yesterday."

 

[UnleashedBeast]

Also, review the code book to see if the sign meets the minimum requirements. I read in the statue that it had to meet a minimum sign size and letter size.

 

[RDJ]

It also doesn't state anywhere in the rules that he must notify the manager/office that he is leaving town, and his car isn't a stored car..

while this is true, it is a good practice when living in an apt or townhome complex. It also removes any plausable denial from the managers that they "didnt know".

I find it hard to believe that you can't even go out of town on vacation and leave your personal car in the parking lot that you pay for, and it will be towed. .

in todays world of over zealous HOA and property management why do you find it hard to believe? but as I said above even if it isn't in the "rules" it is simply prudent behavior IMHO.

 

[CleanCobra]

op: In for update - hope it works out for ya.

 

[BobDoLeSS]

Went to court today and walked out feeling like epper:
Apartment manager that authored the emails was present and tow driver as well as tow driver's boss (I think he identified himself as the director or something) showed up all with the usual shady crook smirks. The tow guys were coaching the apartment manager the entire time and at one point, the tow company boss slipped the manager a note that the manager didn't notice until after the judge did a reserved facepalm and asked him to read it.

They declined the pro-totem judge, so it gave us a chance to see each other's evidence. I actually used their evidence against them at one point to support the amount of damages I was going after (saw them all react to that one out of the corner of my eye) :kaboom: .
It looks like they were going to challenge my character by claiming I understated my income with a copy of a paystub and some rough calculations of my yearly income.

Shortly after I dropped my overview and just focused on on the "stored vehicle is not defined" argument, the judge asked each of us a couple questions and then went supernova.
The judge rrrrRRRiPPED the apartment manager a new asshole and proceeded to cram busloads of chainsaw-wielding badgers into the fresh wound.

At one point I stopped taking note of the apartment manager's weaksauce arguments for my rebuttals and instead started writing down quotes from the judge such as "that's the silliest argument I've ever heard" in response to the manager's claim that my parking space is actually an "open space" or something ridiculous like that. He had quite a few.

I didn't get the chance to request an injunction and the judge didn't want to touch anything with me wanting to get out of my lease.

I am really looking forward to the possibility that they may appeal. I have counted on their review of my evidence in some of my more interesting arguments that I feel like I didn't get to. Mostly because I didn't have to. The judge actually spoke my rebuttals as if reading my mind.

They've got 30 days to appeal. I am counting on it. If it happens, I predict something quite special. However, since it is less than $2k (assuming they'll bring a lawyer), they might blow it off and just pay me. Either way it is a win/win.

I'll followup here with that news if it comes up.

IMO, a good judge will not care that your car sits more than 72 hours in an assigned parking spot that YOU pay for monthly. He will probably rule in your favor, and then advise you to move to another complex that doesn't have such rules.

It also seems like the apartment complex is trying to cover their avenues, and the towing company the same. When you said the towing company brought a care package to the manager, I knew right then what was going on. It's a racket!

I guess I got a good judge. He brought up the idea that I pay for the parking space and asked the manager (sarcastically) why they don't start a rule that no resident can park between 2-6am.

It also doesn't state anywhere in the rules that he must notify the manager/office that he is leaving town, and his car isn't a stored car. I find it hard to believe that you can't even go out of town on vacation and leave your personal car in the parking lot that you pay for, and it will be towed.

Yep....racket!

OP, can you post a picture of your car, in YOUR parking spot? I want to see what the judge will see.

Judge brought up the vacation thing too as well as what if a person prefers to ride a bike than drive their car, etc...
I want to post up pictures, but I'm going to hold off until after this is all mostly over with.

While that is your opinion, it is likely a judge will review the contracts and decide accordingly.

OP, as for the tow truck guy taking a picture of the sign. Take one of your own. See if you can tell if the ground around the post is disturbed showing it is newly installed and then snap a pic of it. Also, a pic of the sign showing it is perfectly clean and new will help as well. If they present that evidence on cross state: "Isnt it true that photo was only taken yesterday."

They didn't use the new sign that the tow driver photographed. At this time I have to assume the sign is going to be used to justify towing others going forward. However, the judge warned that they shouldn't be towing under this as it will end up costing them a lot of money.

Thanks for all your help and support svtperformance!

This is unrelated, but relevant to this section... The case before mine was a lawyer defending a 110mph speeder. CHP officer had paced the guy. Lawyer was grilling the CHP officer pretty hard about speedometer calibration and tried to get the officer to admit his speedometer could be off. Judge quoted a court case (forgot which one) where speedometer calibration arguments are weak and maybe could support a few mph at most, so the 100+ speeding ticket stood. Lawyer's client still got like a $1,200 fine and 30 day suspended license.

 

[silver03svt]

OP....glad to hear it worked out in your favor! Justice can and will prevail!

 

[olefafl]

Going forward notify the manager both via email and certified mail that you are going to be out of town and the dates.

Telling them may not be a good idea. Someone I know was moving from OK to CO. On one of the trips someone from the office went into him appt. and helped herself to a few things. He never got it all back because he was not sure if some of the missing things had been moved to CO already.

 

[UnleashedBeast]

This is GREAT news....I knew the judge would be on your side, as this was a ridiculous thing for the apartment manager to do. I'm curious how much kick back dollars the manager is getting from the towing company. Don't think for a minute that it isn't happening.

 

[nycarpenter]

This is GREAT news....I knew the judge would be on your side, as this was a ridiculous thing for the apartment manager to do. I'm curious how much kick back dollars the manager is getting from the towing company. Don't think for a minute that it isn't happening.

You my friend hit the nail on the head!!:bash:

 

[Seraphus]

Awesome!!! Sounds like that towing company has been through this more than a few times if they where coaching the manager. I'm very glad you won as I've had a few encounters with shady towing companies myself and love it when anyone like that gets their just desserts!

 

[COBRA_ESQ]

Great news!

You might want to share that decision with some of your neighbors.