XP: Car towed form my apt complex. Legal advice appreciated. Please read.
05-22-2004, 11:01 AM
#1
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XP: Car towed form my apt complex. Legal advice appreciated. Please read.
Last night (I should say early this morning) my car was towed from my apt complex while parked legally and I want to contest.
Background: The management allows one assigned space per apartment and so it's first come first serve for the unreserved spots. They have also issued parking tags with our apartment # on them that are to be displayed from the rearview mirror.
Last night I got home before my wife so I took an open visitor spot to leave her our assigned space. Apparently, my parking tag fell from the mirror to the center console when I put up my sunshade.
The policy used to be that cars could only be towed if it was parked in someone's reserved spot and the caller had to show their lease to prove it was their space. Now the management has contracted with the towing company so they can drive through and tow any car without the parking tag in plain view.
The car was towed at 4:30 am without anyone calling to complain. When I picked up the car, the towing co. employee conceded that the tag was in the car and greatly reduced the fee (I had to argue this and was just happy to get my car back for $45 instead of $85).
The text of the lease addressing this is:
"I/We understand that if I am parked illegally without a parking tag or in another assigned space, designated fire lanes, any cars that are blocking dumpster doors, any cars that are parked on any grassy areas and any cars that are blocking the maintenance office my vehicle will be towed at my own expense." any gramatical errors are theirs.
This is not well written to say the least. I read the first part to imply that I can park illegally as long as I have a parking tag
Do have a legitimate claim with the management to get my $45 back? I know it's only $45 but I've lived here 4 years and now this **** starts.
Thanks for reading this novel.
Daniel
Background: The management allows one assigned space per apartment and so it's first come first serve for the unreserved spots. They have also issued parking tags with our apartment # on them that are to be displayed from the rearview mirror.
Last night I got home before my wife so I took an open visitor spot to leave her our assigned space. Apparently, my parking tag fell from the mirror to the center console when I put up my sunshade.
The policy used to be that cars could only be towed if it was parked in someone's reserved spot and the caller had to show their lease to prove it was their space. Now the management has contracted with the towing company so they can drive through and tow any car without the parking tag in plain view.
The car was towed at 4:30 am without anyone calling to complain. When I picked up the car, the towing co. employee conceded that the tag was in the car and greatly reduced the fee (I had to argue this and was just happy to get my car back for $45 instead of $85).
The text of the lease addressing this is:
"I/We understand that if I am parked illegally without a parking tag or in another assigned space, designated fire lanes, any cars that are blocking dumpster doors, any cars that are parked on any grassy areas and any cars that are blocking the maintenance office my vehicle will be towed at my own expense." any gramatical errors are theirs.
This is not well written to say the least. I read the first part to imply that I can park illegally as long as I have a parking tag
Do have a legitimate claim with the management to get my $45 back? I know it's only $45 but I've lived here 4 years and now this **** starts.
Thanks for reading this novel.
Daniel
Last edited by streckfu's951; 05-22-2004 at 01:50 PM.
05-22-2004, 11:14 AM
#2
It says nothing about needing to have the parking tag displayed in a certain area. You had a parking tag in the car, end of story. The car should not have been towed and you deserve your money back.
If it makes you feel any better, the day before the swap meet I was issued a $55 parking ticket for parking in my friend's neighborhood on the wrong side of the street. Keep in mind, this is a neighborhood (around me, no one cars how you park) and the signs were not posted until you drove a few more houses down the street (he had one of the first houses). The top it off, the cop was going to have me towed! Luckily we were just walking out as he was calling the tow truck. Now, wouldn't you think he would have at least gone and knocked on the door of the house where the car was parked in front of to see if the owner of the car was there, especially considering it was a car loaded with car parts and the doors were unlocked (he knew this b/c he left the ticket inside the car)? I was amazed and extremely pissed.
If it makes you feel any better, the day before the swap meet I was issued a $55 parking ticket for parking in my friend's neighborhood on the wrong side of the street. Keep in mind, this is a neighborhood (around me, no one cars how you park) and the signs were not posted until you drove a few more houses down the street (he had one of the first houses). The top it off, the cop was going to have me towed! Luckily we were just walking out as he was calling the tow truck. Now, wouldn't you think he would have at least gone and knocked on the door of the house where the car was parked in front of to see if the owner of the car was there, especially considering it was a car loaded with car parts and the doors were unlocked (he knew this b/c he left the ticket inside the car)? I was amazed and extremely pissed.
05-22-2004, 11:45 AM
#3
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Reply from manager on duty:
They will not refund the money bacause they stated in monthly letters that the tags must be hanging from the mirror.
I never signed anything that specified hanging from the mirror nor is there anything I signed reflecting my responsibility to read and be aware of all information in monthly newsletters.
These newsletters contain silly stuff like movie openings, staff changing, management sponsors activity at the pool and such.
In no part of the lease nor in any signed document am I responsible for the content of the newsletters.
The woman I spoke to would not budge on giving the manager's home number nor the number of the regional manager. I'll have to wait to speak with the site manager on Monday.
Damn I'm pissed.
They will not refund the money bacause they stated in monthly letters that the tags must be hanging from the mirror.
I never signed anything that specified hanging from the mirror nor is there anything I signed reflecting my responsibility to read and be aware of all information in monthly newsletters.
These newsletters contain silly stuff like movie openings, staff changing, management sponsors activity at the pool and such.
In no part of the lease nor in any signed document am I responsible for the content of the newsletters.
The woman I spoke to would not budge on giving the manager's home number nor the number of the regional manager. I'll have to wait to speak with the site manager on Monday.
Damn I'm pissed.
05-22-2004, 11:52 AM
#4
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Wow talk about total idiots. Can't image being the apartment owner and actually towing my own tenants cars... assinine (SP?)
05-22-2004, 11:54 AM
#5
Race Director
If you have lived there for 4 years and the tag was in there, I saw walk in the office on Monday like you own it and be clear and stern. I dont see you leaving without a refund personally. Good luck.
05-22-2004, 12:14 PM
#6
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I spend $36k+ in rent and this is the thanks I get........
Being military I wish I knew where I was going next. If I could say for certain I was staying in the area, I'd buy a house in a minute.
Being military I wish I knew where I was going next. If I could say for certain I was staying in the area, I'd buy a house in a minute.
05-22-2004, 12:20 PM
#7
Race Director
I hope I don't get flamed as a dissenter, but they have clearly spelled out the rules. Getting towed sucks, but it also protects you from having others illegally fill the open spots.
I do think if you plead your case from a very calm and rational point of view, but firm, my may be able to take care of you on this one. But, you never know.
I can also see the management's point of view of leaving the tow up to the towing company because now management doesn't need to be the "bad guy." However, I just don't trust towing companies. Shoot, here in Houston a local TV station uncovered a huge towing scam. No surprise there.
I do think if you plead your case from a very calm and rational point of view, but firm, my may be able to take care of you on this one. But, you never know.
I can also see the management's point of view of leaving the tow up to the towing company because now management doesn't need to be the "bad guy." However, I just don't trust towing companies. Shoot, here in Houston a local TV station uncovered a huge towing scam. No surprise there.
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05-22-2004, 12:40 PM
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My car got towed illegaly also. I was the only one with the key and I was away. There are absolutely no signs on my street where it says I can't park on the wrong side of the road, not to mention it was in front of my house. Legally I'm allowed to park in front of anyone's house I want and in any which direction. The car was registered and insured and had the tags in plain view, this was even when the inspection was still valid. I assume this was because of a neighbor that complained, all my neighbors are complete ********. I have to get out of the neighborhood.
Anyway, I had to pay $325 JUST FOR THE TOWING AND STORAGE. The the citing cop tried to give me a ticket for having the car parked the wrong way $74....I won that one and didn't have to pay. I'm the only one in the neighborhood that will get a ticket for parking the wrong way. My grandfather had his car the same way, the same time I was summoned, and his car wasn't registered or insured at the time and inspection was past due for months, but guess what they didn't even bother looking at his car they went straight for the 944. My neighbors park the wrong way all day and we have a Union County Sheriff that lives right down the street. He knows damn well he, me or any one of the other neighbors have the right to park where ever the hell they want, if it was doing something wrong alot more people would get tickets....they just like to pick on me.
Anyway, I had to pay $325 JUST FOR THE TOWING AND STORAGE. The the citing cop tried to give me a ticket for having the car parked the wrong way $74....I won that one and didn't have to pay. I'm the only one in the neighborhood that will get a ticket for parking the wrong way. My grandfather had his car the same way, the same time I was summoned, and his car wasn't registered or insured at the time and inspection was past due for months, but guess what they didn't even bother looking at his car they went straight for the 944. My neighbors park the wrong way all day and we have a Union County Sheriff that lives right down the street. He knows damn well he, me or any one of the other neighbors have the right to park where ever the hell they want, if it was doing something wrong alot more people would get tickets....they just like to pick on me.
05-22-2004, 12:45 PM
#10
Race Car
I hope you've gone over the car with a fine tooth comb, if it were me the towing company would offer to refund the towing charge to get me to shut up about a door ding (that they claim was there when they towed the car 
).
).
05-22-2004, 02:09 PM
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yea, I should have made them pay for the dent in the side (it was there before but there were scratches on the bad paint). And then told them while they had it in there "custody" the slave and master cylinder went and they have to pay for that too.
05-22-2004, 02:13 PM
#12
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Originally posted by Joe Jackson
It says nothing about needing to have the parking tag displayed in a certain area. You had a parking tag in the car, end of story. The car should not have been towed and you deserve your money back.
If it makes you feel any better, the day before the swap meet I was issued a $55 parking ticket for parking in my friend's neighborhood on the wrong side of the street. Keep in mind, this is a neighborhood (around me, no one cars how you park) and the signs were not posted until you drove a few more houses down the street (he had one of the first houses). The top it off, the cop was going to have me towed! Luckily we were just walking out as he was calling the tow truck. Now, wouldn't you think he would have at least gone and knocked on the door of the house where the car was parked in front of to see if the owner of the car was there, especially considering it was a car loaded with car parts and the doors were unlocked (he knew this b/c he left the ticket inside the car)? I was amazed and extremely pissed.
It says nothing about needing to have the parking tag displayed in a certain area. You had a parking tag in the car, end of story. The car should not have been towed and you deserve your money back.
If it makes you feel any better, the day before the swap meet I was issued a $55 parking ticket for parking in my friend's neighborhood on the wrong side of the street. Keep in mind, this is a neighborhood (around me, no one cars how you park) and the signs were not posted until you drove a few more houses down the street (he had one of the first houses). The top it off, the cop was going to have me towed! Luckily we were just walking out as he was calling the tow truck. Now, wouldn't you think he would have at least gone and knocked on the door of the house where the car was parked in front of to see if the owner of the car was there, especially considering it was a car loaded with car parts and the doors were unlocked (he knew this b/c he left the ticket inside the car)? I was amazed and extremely pissed.
Sure it would most likely be pointless since he IS a cop, but it sure would have taught him a lesson for being a **** about a parking ticket and tow.
05-22-2004, 02:17 PM
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Originally posted by streckfu's951
I spend $36k+ in rent and this is the thanks I get........
Being military I wish I knew where I was going next. If I could say for certain I was staying in the area, I'd buy a house in a minute.
I spend $36k+ in rent and this is the thanks I get........
Being military I wish I knew where I was going next. If I could say for certain I was staying in the area, I'd buy a house in a minute.
05-22-2004, 02:26 PM
#14
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Originally posted by theedge
Holy crap, for $36k in rent they should GIVE you a Porsche, 4 parking spots so you can double park to your hearts content, AND a supermodel to service you and to wax your car.
Holy crap, for $36k in rent they should GIVE you a Porsche, 4 parking spots so you can double park to your hearts content, AND a supermodel to service you and to wax your car.
05-22-2004, 02:29 PM
#15
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I have to comment on Joe Jackson's ticket for two reasons, one he was parked in front of my house in PA and he has DE tags and two, he left out the best part.
The best part is a real kick in the nuts. The said cop, is my neighbor. So now everyday when I leave my house I see his cop car parked there and get reminded of just how big of an *** people can be.
To top it off my wife asked him about the ticket the next day and he replied in an extremely rude manner that it was not his job to find out who the car belongs to. But afterwards I come to find out from most of my neighbors the cop asked all of them if they knew who the car belongs to. Common sense would lead itself asking the people in the house it was parked in front of?
Enough said about that, everyone enjoy your weekend and watch where you park.
Tom
The best part is a real kick in the nuts. The said cop, is my neighbor. So now everyday when I leave my house I see his cop car parked there and get reminded of just how big of an *** people can be.
To top it off my wife asked him about the ticket the next day and he replied in an extremely rude manner that it was not his job to find out who the car belongs to. But afterwards I come to find out from most of my neighbors the cop asked all of them if they knew who the car belongs to. Common sense would lead itself asking the people in the house it was parked in front of?
Enough said about that, everyone enjoy your weekend and watch where you park.
Tom