Having vehicles towed off property.

[3rd_shift]

What liabilities can arise from that?

Especially if the property owner does not have the spaces clearly marked for daytime and nightime as to who can park where?

[N. A. Corbier]

Totally depends on your state laws. In Florida, with the proper signage, any "unauthorized vehicle" can be towed by a private towing operator any time of day or night. The owner is responsible for reclaiming it.

We towed for anything. No sticker? Gone. No warning, just gone. The warning was the "Unauthorized vehicles will be towed away" sign. Sideways parking? Gone. etc. al.

Check your state and city ordinances as to towing. For example, in Wisconsin, we cannot tow up here. A law enforcement officer must be summoned, who at his whim will decide what to do with the "trespassing vehicle." It may simply be decided to remain there, etc. If you attempt private impound, its Grand Theft.

[3rd_shift]

I'm in Texas.
Mine was towed last weekend from an unmarked spot at a friend's apartment complex.
I didn't know it was in the wrong spot and my friend didn't know I was parked there.
I ended up spending the night there.
Next morning my pickup truck was gone.
I reported it to 911.
911 gave me the # to call the towing company that had taken it.
Reason it was taken;
No parking permit.
I didn't know one was needed.
Anyone can just drive in and park and not know.
There was no access gate or anything like that.
Plus no signage that could be seen with the parking lot lights out.

When I worked security, I always gave a warning sticker a few times 1st and it usually worked.
Plus I was told not to have any vehicles towed due to liability concerns.

There was no warning in my case.

Here is a picture of where it was parked.


Here is another angle.


Just a $254.40 demand and vehicle registration 9 miles away from the complex.

The resident I was visiting paid for it even though he didn't know where I had parked to begin with.
Most places I have ever worked security had thier spaces clearly marked.

[N. A. Corbier]

Hmm, interesting. Like I said, in Florida, the property must clearly have "715" signs at all entrances. That's your warning. Check the entrances and exits. if there's no signage whatsoever, check Texas Criminal Code, and see how private impounds are handled.

You may get a refund out of it. The property I worked where we towed without warning was gated with 715 signs on the gates themselves. It also had less parking spaces than it did apartments.

[Mall Director]

Yeah, we have signage at all entrances in the parking lot. We tow like mad as well. Typically, if its not overkill by the owner, we have those neat florescent "tard" stickers we stick to the window.. THey are the fott long by foot long biggies, with the pretty image of a tow truck, and states "Parking Violation".. Generally it takes alot of effort to get it off your glass!

Those things work wonderful, and are entertaining! You stick it, pull away, hide somewhere, where you can watch the car. Owner comes out, scratches at it while passerbys glare and look at him. This peer pressure thing of "i am an idiot" works wonders. Even if it is snowing or raining, they tend to get into their cars, roll the window down, so no one can see their "special sign", and drive away misserably..LOL.. We have had a major reduction of parking lot violations! Ever catch a car in traffic with one of those humongous stickers attached.. The owner doesnt look pleased, while everyone else stares at him! OMG, its fun.. I think even better than towing.

We are nice and try to warn first in most cases, except arrests, then we just make the arrested subjet happier, cause once they get out of jail, they find they have to pay even more for the storage while they were "gone on their vacation"!

[Eric]

I do not pretend to know the laws of Texas, but how much of a fight do you want? If you have the time, you may want to read up on local bylaws for the city and residential complex. Ask your friend about what the lease says concerning parking. Talk with a lawyer if you can get a free first consultation, and talk with building management, tenant group and the company providing the tows. Print out those pictures to bring with you.

The one picture shown, is that a handicap sign?

At the very least, they should have signs up and be sure all Tenants know of the strict enforcement to advise guests.

[Mr. Security]

Step one is exactly what Nathan said. Know your laws or learn them. Here's what I prefer if the law allows:

1st time - A kindly reminder and recording of the vehicle info.
2nd - A violation sticker. Don't obstruct the driver's vision w/it.
3rd - The BOOT. Violator must pay fine to get the car.

The police will not do ANYTHING on private property over here, unless it affects public safety.

[Arrowslinger]

In front of my townhouse, the number at the center of my two spots and other homeowners are the warnings. I myself have never had anyone towed, but our homeowners association newsletter always has the towing company phone number in it each month.

There is also a sign at each parking entrance, that says "Any unauthorized parked vehicle can be towed at anytime". We also have city stickers in every town here, never heard of one being towed for not having one? But I tell all my friends not to park overnight unless they have one, the local community saftey officer loves to level those 50 dollar tickets.

[N. A. Corbier]

When I lived in Schaumberg with Yui while she was in college in town (Art school... It looked like an office building, it WAS an office building) the apartment complex had really strange signs up, noting that unauthorized parking was illegal (Schaumburg City Ordinance blah), and that trespassing was illegal (Another Schaumburg City Ordinance), and that tow operators could pull on site.

A friend of Yui's got a 75 dollar ticket for having her vehicle on private property for more than 24 hours because it wasn't registered with one of those stickers. I was in shock, I mean... You have to have a permit to be IN the city with your car?

[HotelSecurity]

Step one is exactly what Nathan said. Know your laws or learn them. Here's what I prefer if the law allows:

1st time - A kindly reminder and recording of the vehicle info.
2nd - A violation sticker. Don't obstruct the driver's vision w/it.
3rd - The BOOT. Violator must pay fine to get the car.

The police will not do ANYTHING on private property over here, unless it affects public safety.

They used to use the BOOT a lot in Montreal. Then the law was changed. You are no longer allowed to "seize without a judgement". So you have to have a judgement against the owner of the car before you can boot it.

[3rd_shift]

Here is another picture showing the actual "paperwork".

The paperwork.

Now I did find a sticker on my truck at the apartments where I live at last year.
I had stopped in to get the mail and walked up into my apartment nearby instead of moving my vehicle out of the mail only parking spot and parking it in the spot I normally do before heading into my apartment.
An absent minded mistake on my part there with a friendly reminder found on my truck the next day when I realized why it was not in the usual parking spot on the other side of the building.

[Mr. Security]

They used to use the BOOT a lot in Montreal. Then the law was changed. You are no longer allowed to "seize without a judgement". So you have to have a judgement against the owner of the car before you can boot it.

Ah man. They took all the fun out of it.

[3rd_shift]

I'm kinda leaning toward going after the apartment property for not posting clear signage showing where one can park with, or without a permit.
The lighting there is quite poor at night.
No towing company I know of yet, would care how clear the signage is.
I'll check my local laws on it, and get more pictures.

[T202]

I would almost be tempted to take it to court. But if you lose, you may get stuck with court cost.
What does it say in your first picture near the bottom in red paint? Something about "Parking"? I'm guessing that this wasn't visible that night.
Go there the same time of night that you did on that date. Take pictures of the parking spot from inside of your vehicle,with same amount of light that was there that night. (headlights on high or low beam) This will show the judge what you saw when you pulled into the spot. Maybe he will be in a good mood and side with you. Then again maybe he will be in a bad mood.

[N. A. Corbier]

Since you were not given notice, I'd say that you have enough to go before the court pursuant to Texas Code.

In Florida, there is no recourse, actually. Tow companies won't tow without the sign (They provide it), and we can tow for any reason whatsoever. I've yanked cars for infractions as slight as a busted tail light. Why? Insane management demanded all vehicles be operable, and defined operable as "100% compliant with the motor vehicle code." When you have a huge busted tail light, its unfortunately way too obvious not to ignore.

No warning either. See it, wrecker comes that night, pull it.