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  1. #1
    Join Date
    Apr 2011
    Location
    Aurora, Colorado
    Posts
    1

    Default Predatory Towing from Apartment Complex Handicap Space

    My question involves towing laws for the State of: Colorado
    When I moved in with my daughter part-time in her apartment three years ago, the complex created a handicap parking space for me in front of our first floor apartment, complete with blue painted curbs and a sign. The space isn't any wider or longer than a regular space but they were kind enough to set aside a space close to our apartment as I was genuinely disabled with severe walking problems. My small pick-up truck, titled and registered in Florida, has been parked in this space with the placard in place with no problems until last night. I got home from shopping at about 8:30 pm. It was dark, I was exhausted and I was in pain partly as a result of knee surgery AND a recent broken ankle. I had to use the "ladies" badly and was in a hurry to assemble my walker and slowly but surely make my way to our apartment. In my haste and discomfort, I forgot to hang the tag on the rearview mirror for the first time in my life; it was left on the front seat of my vehicle. I am very conscientious about this and realize that handicap parking is a privilege AND, probably, a right but we won't go there.
    At 2 am this morning, my truck was towed, but imagine my frame of mind when, at 6:30 this morning, I looked out into the parking lot and guess what...NO TRUCK!. I immediately called 911 thinking it had been stolen. I don't know how many beats my heart skipped but I am elderly (71) and have little stamina for such upsets.
    It took a while to find out I had to pay $248 in CASH to spring my truck. The complex manager claimed she could help me and directed me to the main office in Dallas where they stated they couldn't help me either. I depend on social security (ONLY) and at the end of the month after paying personal expenses, medical copays and medicine costs, there isn't much left. ONE time out of probably 400 my vehicle didn't display the familiar blue placard. I have seen the recovery towing truck cruise our parking lot on many occasions just hunting down a "money maker". I believe they are hired by the complex to target vehicles that are left parked unlicensed or not in running condition. This definitely would be just cause for removal! Last night they not only towed my vehicle but three others in handicap spaces, all of which, I understand, were owned by genuinely handicapped people. I consider this predatory towing and wonder if there isn't some assistance available to me from somewhere. In ALL my 71 years, I have never had a ticket and have been stopped by a cop as a courtesy only one time to tell me I had a taillight out. Clearly and admittedly this was a violation but it was an honest mistake and I can double-guarantee you it won't happen again, but this one hurt badly! Any help or suggestions out there?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Predatory Towing from Apartment Complex Handicap Space

    If they're duly authorized by the apartment complex to tow unauthorized and illegally parked vehicles, the question of whether they patrol once per year or 500 times per day isn't relevant. They spotted your car without the hang tag, which meant that it was unlawfully parked in the handicapped spot, and acted within their presumed authority.

    I do sympathize with your situation, but from a legal standpoint this doesn't sound any different than the many threads in this forum in which people complain that it was unfair that they got ticketed or towed for parking in a handicapped space because "no other space was available", "it was raining", or "I was only there for a few minutes". If there is no enforcement of handicapped parking spaces, they won't be available the other 399 times out of 400 when you need one.

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