Car Towed from Handicap Parking In Spite of Visible Placard

[sunilkr]

My question involves towing laws for the State of: Missouri. I was visiting a friend. I have a temproary handicap placard. The top portion of the temproary handicap placard had ripped off. As such I could not place it on the rear view mirror. The card was torn off on Saturday. While I was visiting a friend, his regular parking area was full nearby, but had handicap parking available. Since, I could not hang the placard, I put it right on top left corner of the dashboard (where the VIN of the car is written) on the driver side. The maintenance man of the apartment complex called the towing company around 9:00 p.m. as he could not find the handicap placard. Through my friend, I called the maintenance man and he said that the card was not visible. I said I had specifically kept it in such a place where it was visible from the outside. He claims that he did not see it. I do not have all the details, but I believe towing company towed it because the maintenance man authorized it on Saturday around 9:00 p.m.
What are my options as I would like to get my money back that I will pay to the towing company as well as money for the troubles that my family had to endure?
In addition, what proof I need in small claims court to prove that the maintenance man made the mistake? I have not yet got the car from the towing company. Should I video record while I go to pick the car and show where the placard is, before I pick the car?

[sunilkr]

Well, I asked the cop to be there at the I pick up the vehicle to ensure no laws were broken. Cop said that he would call me back after he had a chance to talk to the towing company. "Luckily" I could not pick up the phone from the cop. The cop left the voicemail on my cell phone: "He talked to the towing company. The towing company was authorized by the apartment for the pickup. This morning towing company saw the red handicap placard, but somehow towing company missed it last night and so did the apartment." From my viewpoint either 1. Someone did not really look for it or 2. the lighting was not enough to look for the red color handicap placard. 3. Someone was really color blind and towing company just followed the order. I have voicemail and its copies of recording saved to be produced in the court. Can someone tell me what my next steps are to ensure I get the maximum allowed by law and this does not happen again? Any help would be appreciated.

[aardvarc]

From a MORAL standbpoint, yes, they could have looked harder for the placard. From a LEGAL standpoint however, they are only required to look in the exact and specific place(s) where the law requires the placard to be displayed. If the law permits the alternate location where you actually displayed the placard, it's time to consider bringing a case for an unlawful tow. If the placard was NOT properly displayed, regardless of the reason, then you can ask the court for mercy, but be prepared for the judge to tell you that the responsibility was on you to fix or replace the placard so that it could be properly utilized.

[sunilkr]

Just a quick update... Well, I met the lawyer and read the missouri statues as well. For vehicles parked in the handicap parking and if the placard is not visible, missouri law 301.143.4 says police officer can call for a tow and has a fine of $50 to $300. The 301.143.2 states "The sign described in this subsection shall also state, or an additional sign shall be posted below or adjacent to the sign stating, the following: "$50 to $300 fine."". The sign for section 301.143.2 was not present. In addition, per missouri section 304.157.4, the abandoned property report can be filed for 3 reasons: 1. Unauthorized Abandoned property, property parked in a restriced or assigned area (Handicap is neither a restricted area nor this was an assigned parking in my case) 2. and 3. read the http://www.moga.mo.gov/statutes/c300-399/3040000157.htm . 304.157.5 was the law that was broken by the apartment. In my situation, the manager or the person who authorized was not present at the time of towing. The towing company also violated 304.158.9 (http://www.moga.mo.gov/statutes/c300-399/3040000158.htm). It looks like now both have broken the laws.

[for.the.love.of.law]

The first problem im seeing is this
http://www.dmv.org/mo-missouri/disabled-drivers.ph
so even though the complex & towing compainy was in the wrong, you were in the wrong first and you being wrong is what started the problem.
If you take it to court the judge will not rule in your favor because of just that.
You can't have done anything wrong in the corse of the actions in question if you want to win in a law suit. Im 100% sure of this.
Play you cards very carfully.
Second, id focus on the towing compain, you will have a much better chance of going after them.

sorry that link was broken
http://dor.mo.gov/motorv/placards/temporary.php

http://www.dmv.org/mo-missouri/disabled-drivers.php