Towing - Illegal or Not?

[chazus]

This is more for discussion purposes, as I imagine towing laws and rules different from state to state to country.

Yesterday I parked my car near my work, as I do nearly every day. I park in different places, depending on availability (open parking lot in a shopping center effectively). The one place I don't park is the '30 minutes', handicap, and 'reserved' spots, of which there are a handful.

Yesterday, I'm heading to my car to head home, and there's an officer writing a ticket near my vehicle. I ask what the issue is, and he goes "This yours? Oh man, you sure are lucky. I was about to get this thing towed out of here."

I asked if I was illegally parked, and he said I was. I asked how, and he said that my vehicle had been 'reported abandoned' as it had been parked there for hours. When I asked if I can park there, he said that I can't 'leave a vehicle unattended for a long period of time'. This was all very vague, and I indicated that I work there, pointing to my work shirt, and the shop we're standing in front of.

He explained further that because the vehicle was 'reported abandoned', and because it was dirty, they have the ability to have it towed. Granted, yes, it was dirty, as I just got back from a business trip where my car was parked at long term parking, and it rained, and when it rains here, it rains dirt. I haven't taken it to the car wash yet. However it didn't obstruct view, it just wasn't newly washed. He also pointed out that there was a scrap of orange sticker on my window, from a recent parking ticket at the university (which was cleared, I just hadn't scraped -all- of the sticker off. No words could be seen.) He said that also gave him 'reason to believe' it was abandoned.

The officer (whom I found was not a police officer, but just local security/parking enforcement) let me go, and cancelled the tow truck. Another man approached at that time, and I believe he's the one who reported it. He let me know that dirty windows is 'exactly what he looks for to report to the tow company'. This is one of the homeless guys around this area, and apparently he has a 'system' with the tow company where he reports cars, they tow it, and he gets kickbacks if they don't file a lawsuit. Apparently it's lucrative enough (given that most people don't know towing laws, including me) that it's worth the legal risk.

I don't understand how this kind of behavior is allowed, and why these companies aren't shut down on the spot by this. Towing companies have no real legal backing, and federal entities don't seem to care or bother with it, which leaves people (who literally did nothing wrong) having to pay hundreds, or thousands of dollars to release impounded vehicles.

[Deleted]

they really should not be allowed to tow your car based on 1 report of it being abandoned

[Gorgodeus]

It depends on exactly where you parked it. In most jurisdictions, a parking lot is considered private property, and the owner of said lot can have any vehicle towed. At the same time however, police can't write tickets or have a car towed without the lot owner's permission, except in certain circumstances such as parking illegally.

[Gamdwelf]

Towing is theft

[Noxx79]

This is more for discussion purposes, as I imagine towing laws and rules different from state to state to country.

Yesterday I parked my car near my work, as I do nearly every day. I park in different places, depending on availability (open parking lot in a shopping center effectively). The one place I don't park is the '30 minutes', handicap, and 'reserved' spots, of which there are a handful.

Yesterday, I'm heading to my car to head home, and there's an officer writing a ticket near my vehicle. I ask what the issue is, and he goes "This yours? Oh man, you sure are lucky. I was about to get this thing towed out of here."

I asked if I was illegally parked, and he said I was. I asked how, and he said that my vehicle had been 'reported abandoned' as it had been parked there for hours. When I asked if I can park there, he said that I can't 'leave a vehicle unattended for a long period of time'. This was all very vague, and I indicated that I work there, pointing to my work shirt, and the shop we're standing in front of.

He explained further that because the vehicle was 'reported abandoned', and because it was dirty, they have the ability to have it towed. Granted, yes, it was dirty, as I just got back from a business trip where my car was parked at long term parking, and it rained, and when it rains here, it rains dirt. I haven't taken it to the car wash yet. However it didn't obstruct view, it just wasn't newly washed. He also pointed out that there was a scrap of orange sticker on my window, from a recent parking ticket at the university (which was cleared, I just hadn't scraped -all- of the sticker off. No words could be seen.) He said that also gave him 'reason to believe' it was abandoned.

The officer (whom I found was not a police officer, but just local security/parking enforcement) let me go, and cancelled the tow truck. Another man approached at that time, and I believe he's the one who reported it. He let me know that dirty windows is 'exactly what he looks for to report to the tow company'. This is one of the homeless guys around this area, and apparently he has a 'system' with the tow company where he reports cars, they tow it, and he gets kickbacks if they don't file a lawsuit. Apparently it's lucrative enough (given that most people don't know towing laws, including me) that it's worth the legal risk.

I don't understand how this kind of behavior is allowed, and why these companies aren't shut down on the spot by this. Towing companies have no real legal backing, and federal entities don't seem to care or bother with it, which leaves people (who literally did nothing wrong) having to pay hundreds, or thousands of dollars to release impounded vehicles.

The part I bolded seemed important. Did you park your car on public or private property? If it was public property, like the street, then that dude had NO right to do any of that. If it was private property, then unfortunately the owner can pretty much do what they want, especially if signs are posted.

[Darsithis]

Really douchy move, but I don't think there is anything illegal about it. It should be, though, they should need more than just one dude saying "this car looks abandoned".

[Breccia]

they really should not be allowed to tow your car based on 1 report of it being abandoned

Especially since the owner didn't make the report.

[Ayla]

Towing because a car has been abandoned is legal, at least where I live. I think you need to tag first though. Dirt is often a sign a car has been abandoned, so the fact you were targeted sounds logical. I would report the incident to the authorities. If you can have videocamera evidence you drove that day, that would be excellent (intersection, or other cameras you may have passed that day)

edit yeah: 48 hours it has to be tagged first before it can be towed.

[frogger237]

That seems pretty shady, you would think you would need a car there for more than a day to consider it abandoned. Gotta wait 24 hr hours to declare a person missing and only 4 hours to declare a car abandoned wtf.

[Independent voter]

Probably the local businesses are reporting you. Potential customers want to see new clean cars parked out front, not old dirty clunkers.

[chazus]

The part I bolded seemed important. Did you park your car on public or private property? If it was public property, like the street, then that dude had NO right to do any of that. If it was private property, then unfortunately the owner can pretty much do what they want, especially if signs are posted.

I believe it's private property, since it's not out on the road. There aren't any signs regarding parking, except in the places I mentioned above (of which I was not in). I guess they can just.. do whatever? Or maybe the towing company basically 'assumes' the person who calls in is the owner, so they don't have to ask questions.

Really douchy move, but I don't think there is anything illegal about it. It should be, though, they should need more than just one dude saying "this car looks abandoned".

Especially since from what I can tell, this guy basically lives off kickbacks from the company. He's just a homeless guy abusing people more or less.

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Probably the local businesses are reporting you. Potential customers want to see new clean cars parked out front, not old dirty clunkers.

While that's true, it's still not a real/legal reason to report it. I'm also fairly certain the homeless guy reported it, since he straight up told me 'thats what he looks for when he would report cars'. He didn't say he did, but indicated he does the same thing regularly.

[Cerus]

Gotta wait 24 hr hours to declare a person missing

No you don't. That's Hollywood fantasy. A person is missing when they're missing whether it's 30 minutes or 30 days. There is no law in any state that says you have to be missing 24 hours.

[apples]

towing is all about location

if you leave your car in the middle of a highway where 0 people travel you could probably let it sit for a few days before anyone even said anything

if you leave it on a busy downtown street it could be towed within minutes.

lots of gray, but pretty much totally legal since its a necessity

[Gamdwelf]

No you don't. That's Hollywood fantasy. A person is missing when they're missing whether it's 30 minutes or 30 days. There is no law in any state that says you have to be missing 24 hours.

Legally in all states a person cannot be declared missing until at least 24 hours

[apples]

Legally in all states a person cannot be declared missing until at least 24 hours

A common misconception is that a person must be absent for at least 24 hours before being legally classed as missing, but this is rarely the case; in instances where there is evidence of violence or of an unusual absence, law enforcement agencies often stress the importance of beginning an investigation promptly.

that would be really stupid, considering that if you dont find a group of people, say, children, within 24 hours, odds are youre not gonna find them alive.

[Endus]

I believe it's private property, since it's not out on the road. There aren't any signs regarding parking, except in the places I mentioned above (of which I was not in). I guess they can just.. do whatever? Or maybe the towing company basically 'assumes' the person who calls in is the owner, so they don't have to ask questions.

If it's private property, then unless there are posted guidelines allowing parking, they can almost certainly have you towed pretty much the moment you park. Not because it's "abandoned", but just because you're on their property, and they don't want you to be. Same way most store parking has "for customers only" signs posted; if you park and then go across the street to a competitor, they're legitimately allowed to have you towed, right then. Doesn't matter if you're only going to be 10 minutes.

If it were a public street you were parked on the side of, there should be parking by-laws that define all this, and I doubt they'd allow for a claim of an abandoned vehicle without allowing at least 24 hours.

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A common misconception is that a person must be absent for at least 24 hours before being legally classed as missing, but this is rarely the case; in instances where there is evidence of violence or of an unusual absence, law enforcement agencies often stress the importance of beginning an investigation promptly.

that would be really stupid, considering that if you dont find a group of people, say, children, within 24 hours, odds are youre not gonna find them alive.

This is a bit of a derail, but it's like the idea that you have to be Mirandized as you're arrested or the arrest isn't legit. It's Hollywood fantasy. Being read your Miranda rights has to happen before you're interrogated, and only means that if it doesn't happen, they can't use your testimony in that particular interrogation as evidence. If they don't want to interrogate you, they don't have to read you your rights at all, and if it turns out that they want to later on, they just have to Mirandize you at that point.

[grandpab]

That seems pretty fucked up. Around here some of the gated neighborhoods will let tow trucks drive right in and take any vehicles that are parked on the street at night. My ex was helping a friend and letting her stay at our place for a couple weeks and she was parked on the street one night. I stepped outside to put something in the recycle bin and I saw a tow truck backing up to her car. I ran out there and sat on the hood of her car, and I didn't move until he drove away. That dude was pissed, but I felt like a hero.

[Annoying]

Is the parking lot on private property? If so, I'd contact the owner of the property. Have them write you a written/notarized statement granting consent for long-term parking. Might not stop the towing, but would make for a slam dunk in court if you do get towed.

[Gorgodeus]

If it's private property, then unless there are posted guidelines allowing parking, they can almost certainly have you towed pretty much the moment you park. Not because it's "abandoned", but just because you're on their property, and they don't want you to be. Same way most store parking has "for customers only" signs posted; if you park and then go across the street to a competitor, they're legitimately allowed to have you towed, right then. Doesn't matter if you're only going to be 10 minutes.

If it were a public street you were parked on the side of, there should be parking by-laws that define all this, and I doubt they'd allow for a claim of an abandoned vehicle without allowing at least 24 hours.

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This is a bit of a derail, but it's like the idea that you have to be Mirandized as you're arrested or the arrest isn't legit. It's Hollywood fantasy. Being read your Miranda rights has to happen before you're interrogated, and only means that if it doesn't happen, they can't use your testimony in that particular interrogation as evidence. If they don't want to interrogate you, they don't have to read you your rights at all, and if it turns out that they want to later on, they just have to Mirandize you at that point.

It doesn't mean the arrest isn't legit. It simply means they are stupid if they do not read you your rights as they are arresting you, in case you incriminate yourself or give useful info. They can use anything they say against them before they are interrogated.

[Auxora]

Public parking is kind of anything goes for rules technically, but on public parking it depends on the city ordinance and postings. For example, for most street parking the ordinance is usually that the car has to be moved every 48 hours. There is also usually language in there that it really needs to be driven and not just shuffled forward a spot.

The enforcement of that is where things get messy. A nasty neighbor can claim a car has been there 'for weeks' even though you drive the car every day and just usually park in a similar spot. I had a neighbor do that because he didn't like people parking in front of his house. Apparently he didn't understand that private property only extends to the sidewalk, and the city owns the sidewalk and the strip of land from the sidewalk to the curb, and the street itself, which are all public property. Some people think their property extends all the way out into the street and that they own the spots on the street in front of their house, which is totally incorrect and not at all what the law says. But they'll hassle anyone who parks there.

For police, they see those parking calls as nuisance calls and mainly just want to get them closed and move on asap. So most often they don't really care if it's a harassment call and the car hasn't been there long. They will often do a ticket or have it towed just to close the call and move on to something more interesting. Totally wrong, but it's the way it usually works. And good luck then proving that you do move and drive the car everyday and that it wasn't abandoned. In my case the only relief was when the nasty neighbor finally moved.