Towed from a handicap spot with a handicap placard

[tow trucks suck]

What is the name of your state? CA

My girlfriend is paralyzed and in a wheelchair due to an auto accident. Yesterday we went shopping and parked the car in the vacant lot of a closed business in a handicapped spot. The lot was labeled "no parking," but from my understanding, people with a handicap placards can park in any spot labeled with the universal symbol. The limitations on the DMV website say nothing about handicap spots on private property. We returned no more than 15 minutes later and the car was towed to the tune of 278$. ($130 tow in + $30 storage + $65 labor (why should I have to pay their labor costs for stealing my car) + and $50 for an after hours release fee, even though the place is 24 hrs.) My questions is, do we have any sort of case? I know private property is subject to different laws, however the DMV website says that someone with a handicap placard can park in any space with the handicap symbol. Is this not correct? Regardless, it is in very bad taste to tow the car of a girl in a wheelchair who is parked in the handicap space of a vacant parking lot of a closed business. Has anyone else dealt with a similar situation or can give me some insight.

I plan to go to the company that owns the lot on monday and explain to them what happened and see if they can help me get the $300 back from the extortionist towing company. Common sense dictates that we should be able to park in a handicap spot using a handicap placard, especially if the business is closed and the lot if vacant. This situation is nothing more than a tow truck company taking advantage of the public. Is other situations I know they have a right to tow an illegally parked car. This situation, however, is different. I know in some places, such as college campuses, the handicap spaces require an additional permit. In this case the spot was just labeled as "Handicap parking" with no other signs marking the handicap spot.

 

[Happy Trails]

What is the name of your state? CA

My girlfriend is paralyzed and in a wheelchair due to an auto accident. Yesterday we went shopping and parked the car in the vacant lot of a closed business in a handicapped spot. The lot was labeled "no parking," but from my understanding, people with a handicap placards can park in any spot labeled with the universal symbol. The limitations on the DMV website say nothing about handicap spots on private property. We returned no more than 15 minutes later and the car was towed to the tune of 278$. ($130 tow in + $30 storage + $65 labor (why should I have to pay their labor costs for stealing my car) + and $50 for an after hours release fee, even though the place is 24 hrs.) My questions is, do we have any sort of case? I know private property is subject to different laws, however the DMV website says that someone with a handicap placard can park in any space with the handicap symbol. Is this not correct? Regardless, it is in very bad taste to tow the car of a girl in a wheelchair who is parked in the handicap space of a vacant parking lot of a closed business. Has anyone else dealt with a similar situation or can give me some insight.

I plan to go to the company that owns the lot on monday and explain to them what happened and see if they can help me get the $300 back from the extortionist towing company. Common sense dictates that we should be able to park in a handicap spot using a handicap placard, especially if the business is closed and the lot if vacant. This situation is nothing more than a tow truck company taking advantage of the public. Is other situations I know they have a right to tow an illegally parked car. This situation, however, is different. I know in some places, such as college campuses, the handicap spaces require an additional permit. In this case the spot was just labeled as "Handicap parking" with no other signs marking the handicap spot.

The problem is you parked in an area that was prohibited at the time. It was labeled "no parking".

 

[rmet4nzkx]

Call the company on Monday morning. Some cities have bandit towing companies. You didn't say what city this happened in. Most companies that don't allow parking out of hours, have chains across the enterence. Some charge out of hours for parking. The police can ticket a disability space violation in a private lot, a private lot can charge for disabled parling although at a lower rate while it is free on public streets. DMV rules apply to public parking insofar as where you can park and to perserving spaces for qualified persons in private lots. Give us an update.

 

[tow trucks suck]

You didn't say what city this happened in. Most companies that don't allow parking out of hours, have chains across the enterence. Some charge out of hours for parking. The police can ticket a disability space violation in a private lot, a private lot can charge for disabled parling although at a lower rate while it is free on public streets. DMV rules apply to public parking insofar as where you can park and to perserving spaces for qualified persons in private lots. Give us an update.

This happened in West LA. There were no chains, however it was posted that there was no public parking 24 hours a day. I've always assumed that Disabled spots are different, and that anyone with a placard can park in them, regardless of if they are in a private lot. I have heard this from multiple sources, and everything I've read on the DMV website leads me to believe that this is the case. The disabled spot was labeled as "Disabled Parking" so you assume you can park there if you're disabled.

Considering we were parked there 15-20 minutes it makes the situation that much worse on their part and I feel adds to our case. They also would not give her a copy of a document she signed.

My girlfriend is in a wheelchair, and could have been left with no transportation in the middle of LA and forced to go deal with these shady towers, complete with jacked up fees, metal bars, and pit bulls. And although I know she would have been completely fine, it kills me that people can get away with towing a someone with a legit handicap placard when they are parked in a handicap spot for 15 minutes.

 

[rmet4nzkx]

Go about 1/2 way down to City News This is re West Hollywood but reference to LA county. You might complain to the sheriff department the number is included in the March 5 2005 article.

http://www.smartvoter.org/2005/03/08/ca/la/vote/prang_j/paper1.html
WARNING: BEWARE OF BANDIT TOW COMPANIES City staff and Sheriff's Department have become aware of many recent complaints about a scam that preys on unsuspecting motorists in private parking lots.

What are termed as "bandit" tow companies set up a scam operation that works like this:

A tow truck hangs out in the parking lot (example: one such company hangs out at the surface parking lot next to the Ramada and Collar and Leash) and whenever someone parks in the lot to use the ATM near the hotel, they come back and are told by a tow truck operator that their car will be impounded if they do not pay $206 to $219 in cash to the tow operator. The sad thing is that some go back to the ATM to withdraw more money and pay the fee to the tow truck operator.

Be leery if you are confronted by a tow truck operator who will only release your vehicle for cash. While private property owners may have cars towed that are illegally parked on their property, you still have rights, such as paying with a credit card and having your car towed to the nearest impound yard (which is Johnson's on Fuller Avenue). Johnson's Tow on Fuller Avenue is the ONLY official tow operator for the City of West Hollywood and the Sheriff's Department.

If you have reservations, ask the owner of the business if they ordered your car towed, or call the Sheriff's Department at (310) 855-8850.

Johnson's Super Service is the ONLY officially authorized tow service operating in West Hollywood. Their impound yard is located on Fuller.

Under federal law, the City has very little authority to regulate tow companies. We are working closely with U.S. Senator Dianne Feinstein's office to allow municipalities the authority to regulate the tow companies that operate in the area.

 

[BelizeBreeze]

You have no case. You were, at the least, tresspassing. And that is all the reason the owner needs to tow you, placard or not.

Your girlfriend being handicapped, while regrettable, is not a reason to break the law.

 

[tow trucks suck]

...

You have no case. You were, at the least, tresspassing. And that is all the reason the owner needs to tow you, placard or not.

Your girlfriend being handicapped, while regrettable, is not a reason to break the law.

And the fact you tell me this makes me even angrier. Handicap spaces are by nature for handicap people. I know ignorance is no excuse, but even if we are wrong I am going to fight this for multiple other reasons. We were parked there for 15 minutes. While they may be legally entitled to tow the car, I question the ethics of anyone who would watch a disabled girl get out of a car and then tow it away no more than 15 minutes later and then rip her off for $300.

While waiting for a ride I saw their company driver drive by no less than 6 times. He even parked across the street for a few minutes. The fact that they charged us rediculous fees including an after hours release fee at 6 PM on a Friday, demanded we pay with cash or ATM, and would not give us a copy of a document signed by my girlfriend, and intimidated us with a pit bill after I put up a fight. Regardless THe BBB has this company ranked an F and has complained to them numerous times to no avail. I may have no case as far as the legality of the towing is concerned, but as far as I'm concerned this company should be guilty of extortion.

 

[Happy Trails]

And the fact you tell me this makes me even angrier. Handicap spaces are by nature for handicap people. I know ignorance is no excuse, but even if we are wrong I am going to fight this for multiple other reasons. We were parked there for 15 minutes. While they may be legally entitled to tow the car, I question the ethics of anyone who would watch a disabled girl get out of a car and then tow it away no more than 15 minutes later and then rip her off for $300.

While waiting for a ride I saw their company driver drive by no less than 6 times. He even parked across the street for a few minutes. The fact that they charged us rediculous fees including an after hours release fee at 6 PM on a Friday, demanded we pay with cash or ATM, and would not give us a copy of a document signed by my girlfriend, and intimidated us with a pit bill after I put up a fight. Regardless THe BBB has this company ranked an F and has complained to them numerous times to no avail. I may have no case as far as the legality of the towing is concerned, but as far as I'm concerned this company should be guilty of extortion.

I found this article pertaining to the San Francisco area, but it also discusses, California Motor Vehicle Code----CHAPTER 10: REMOVAL OF PARKED AND ABANDONED VEHICLES. At link: http://sftow.blogspot.com/

I still think you shouldn't have been there; since it was posted. But what I read from the article there still appears that there is a procedure that they have to follow. I don't know what your local ordinances state.



I can't vouch for the contents of the article.

 

[BelizeBreeze]

And the fact you tell me this makes me even angrier. Handicap spaces are by nature for handicap people. I know ignorance is no excuse, but even if we are wrong I am going to fight this for multiple other reasons. We were parked there for 15 minutes.

You just admitted you were tresspassing.

While they may be legally entitled to tow the car, I question the ethics of anyone who would watch a disabled girl get out of a car and then tow it away no more than 15 minutes later and then rip her off for $300.

And that is a matter of fact for a judge and/or jury. Being disabled is not excuse for breaking the law.

While waiting for a ride I saw their company driver drive by no less than 6 times. He even parked across the street for a few minutes.

Point us to the law that say the tow truck company is REQUIRED to tow you without giving you a chance to mitigate the damages of tresspass.

The fact that they charged us rediculous fees including an after hours release fee at 6 PM on a Friday, demanded we pay with cash or ATM, and would not give us a copy of a document signed by my girlfriend, and intimidated us with a pit bill after I put up a fight.

Irrelevant.

Regardless THe BBB has this company ranked an F and has complained to them numerous times to no avail. .

the Better Business Bureau has no statutory authority. They are worthless.

I may have no case as far as the legality of the towing is concerned, but as far as I'm concerned this company should be guilty of extortion .

And what did the District Attorney tell you when you filed a complaint of extortion against the company?

 

[tow trucks suck]

To Belize

DEAR MR BELIZE,

You seem to want to respond to every single one of my posts, breaking them down sentence by sentence and repeating yourself. On top of all this my girlfriends Check Engine light came on the next time me started the car up which means they most likely messed the car up too. Do I still not have case? I think I'll complain and let the proper authorities look at this companies businesses practices, regardless of the legality of our parking in this space.

Can you figure it out bro? Even if we couldn't park, we were still taken advantage of and we do have some rights. For example, chosing how we pay, not being charged a rediculously high amount, and a right to have a copy of something that we signed. The city tow rate is 160$. This company demanded nearly $300 cash. From my understanding tow companies can't charge more than what other carriers provide for the service. The law is really murky but knowing how we were treated and intimidated I can't believe a city would let a business operate like these fools do. Please don't even bother responding, especially in a way that repeats everything you already said for a third time. I get the feeling that you just like hearing yourself talk, and telling me things that I already know, like the BBB being worthless in this fight unless the tow company chooses to listen to them brings nothing of any value to this conversation. And judging by their past history, I don't think there is any chance.


As far as extortion, I think you need to go back and read my post more carefully. I said "As far as I'm concerned they should be guilty of extortion." I said nothing about trying to press charges against them. Read carefully man, it comes in handy. In the end you come off sounding like some bitter tow truck driver. On second thought, judging by your 26.65 posts per day you're probabley are unemployed.

 

[rmet4nzkx]

Hello????
Did you even read my post?
Have you called the Sheriff department to see if these are bandit Tow operators? Sounds like they are.
The actual business owner may be able to help you?
Better check out why the "check engine" lite is comming on.

 

[tow trucks suck]

Yeah thanks for the advice

I'm calling on Monday to talk to the Auto detectives. The fact is, if we couldn'nt park there then they could tow us and the police really don't seem to care, even if we were intimidated and pushed around. Sad, but true.

 

[BelizeBreeze]

DEAR MR BELIZE,

You seem to want to respond to every single one of my posts, breaking them down sentence by sentence and repeating yourself. On top of all this my girlfriends Check Engine light came on the next time me started the car up which means they most likely messed the car up too. Do I still not have case? I think I'll complain and let the proper authorities look at this companies businesses practices, regardless of the legality of our parking in this space.

and, of course, you have PROOF that the light never came on before this occurred and that the tow yard actually DID something to the car? Ya, right

Can you figure it out bro? Even if we couldn't park, we were still taken advantage of and we do have some rights. For example, chosing how we pay, not being charged a rediculously high amount, and a right to have a copy of something that we signed. The city tow rate is 160$. This company demanded nearly $300 cash. From my understanding tow companies can't charge more than what other carriers provide for the service. The law is really murky but knowing how we were treated and intimidated I can't believe a city would let a business operate like these fools do. Please don't even bother responding, especially in a way that repeats everything you already said for a third time. I get the feeling that you just like hearing yourself talk, and telling me things that I already know, like the BBB being worthless in this fight unless the tow company chooses to listen to them brings nothing of any value to this conversation. And judging by their past history, I don't think there is any chance.

Well, I'm sooooo sorry, I didn't know the law stated that the offended got to decide how much to pay.

As far as extortion, I think you need to go back and read my post more carefully. I said "As far as I'm concerned they should be guilty of extortion." I said nothing about trying to press charges against them. Read carefully man, it comes in handy. In the end you come off sounding like some bitter tow truck driver. On second thought, judging by your 26.65 posts per day you're probabley are unemployed.

And, as far as I'm concerned, you're a dufus. But you'd be right that I don't work. I have people who do that for me. So, bubba, if you "FEEL STRONGLY" about charging them with extortion, go for it. Hell, even file a civil suit against them for extortion.

and be sure to post back when the case is thrown out for lack of standing.

 

[tow trucks suck]

Thank you Belize

I don't even know why I am dignifying a response to your statements which misrepresent my position. Thank you for proving me right that you would respond to every sentence without reading carefully. Have other people do the work for you? Like decent hardworking americans who don't want to pay for your welfare check while you sit around and try to dish out free advice on the internet. Please don't post in this topic anymore, your help has been appreciated and any further posts would distract from the real topic here. Have a nice work-free day.

 

[BelizeBreeze]

I don't even know why I am dignifying a response to your statements which misrepresent my position. Thank you for proving me right that you would respond to every sentence without reading carefully. Have other people do the work for you? Like decent hardworking americans who don't want to pay for your welfare check while you sit around and try to dish out free advice on the internet. Please don't post in this topic anymore, your help has been appreciated and any further posts would distract from the real topic here. Have a nice work-free day.

Real topic?

1. you were driving your disabled girlfriend.
(sad yes, relevant no.)
2. you parked on private property that was clearly marked "NO PARKING"
(sad yes, relevant very)
3. A tow truck driver, after allowing you 15 minutes of illegal parking before towing you.
(sad yes, relevant no)
4. you 'feel' this was unfair.
(sad yes, relevant no)
5. you 'feel' the tow company 'messed' with the auto.
(sad yes, proof no)
6. You 'feel' the price required was unfair.
(sad yes, relevant no)

that about says it all.