I Believe I Was Illegally Towed - Do I Have Any Recourse

[cfeld2]

My question involves towing laws for the State of:
My question involves towing laws for the State of: md
I was towed today from a gas station that gets a huge amount of business from myself and my wife. We buy at least 15 dollars a day on gas and cigarettes. And we have been going there for several years now. We have a good relationship wiith most of the folks that work there. Today though, they towed our car. My wife parked in front of the store where there are 8 parking spaces. I think we parked in the third one. My wife went in and purchased some things while I was already over at the safeway. My wife then walked over to another store. We were gone an hour at the most. and when she came back, the car was gone. When confronted, the manager said, that he'd been looking for us because a truck had to make a delivery.
Here's the thing though, I spoke w/ my aunt and she went up there with me to examine the parking lot. There were no signs that restricted parking in a loading area. There were no signs that stated a time limit of how long you're allowed to park there. No signs whatsoever. My aunt confronted the manager and he claimed that she arrived at 11:50 (caught on video btw) and were here until 1:00. She said, it didn't make any difference because there is not one sign out there, not to mention all the business that I give them. She made the points that there were 8 other spots in front of the establishment hence the truck should have used one of them. And if this was all just to let a delivery truck through, than couldn't they have just moved my car to another spot, instead of having it towed 30 mins away at the cost of 165$. He really didn't have ananswer and she demanded his supervisor. She called him and he seemed open to giving our money back.

Then after retrieving the car tonight, the receipt said that the tow was called in at 12:10, and remember, the manager said that my wife arrived at 11:50. That would mean that they called the car to be towed in about 15 minutes, because I'd say it took around 5 min. to purchase what we needed from them. So that means she was gone for all of 15 minutes before they called a tow, which they lied about previously claiming the car was there for over an hour. Not one sign is posted about 10 minute parking or loading zone, etc.
My wife and I are gay, and I think this particular kid may have a aproblem with us. They definitely know.

[aaron]

Maryland's general towing statutes apply only in Baltimore City or Baltimore County. Otherwise, they're governed by local ordinances. So where did this happen?

[cfeld2]

I live in Germantown which is in Montgomery County.

[aaron]

If Germantown has a website, check it to see if it offers the ordinances online. If there is no website, or the ordinances are not offered online, ordinances should be available at the municipal offices.

[cfeld2]

Thank you, I did check with the montgomery county government and it is in fact illegal for them to tow my car without any signs present. I talked with the corporate office of the gas station and can't seem to get anyone to call me back. After finding this out, I went to the manager at he gas station who had me towed. He was extremely unhelpful and unresponsive. I told him what he did was illegal, that he has no signs, and that he had my car towed farther than was legal for him to have me towed. I then told him that I know he lied about how long my car was there. The day he towed the car, he claimed my car was there for over an hour. However, I showed him the towing receipt that stated that he called in the tow 20 minutes after my wife was got there. He had nothing to say. I asked him if he wanted to settle up now, or if he wanted me totake him to court, cause either way I'm going to get my money back. I also found out that I'm entitled to triple the amount that it cost me to get my car back.

I really have a feeling that this has to do with our sexual orientation. Only guys work there, and one in particular is always talking about it and asking us questions about it, delving into our personal business, hitting on me, etc. Another guy hits on my wife. This guy however, has always seemed really different, straightlaced and cold. It just all seems like he went out of his way to get us towed, and then lied about it, not to mention that all the guys there seem to be inappropriate in some way. What do you think?

[aaron]

I suspected that, if an ordinance existed, it would probably be favorable to you. But I can't find any online source for your local ordinances.

I do suspect, though, that they towed you for the reason they stated - they were getting a delivery, and your car was in the way.

[cfeld2]

Yeah I couldn't find any ordinances online either. I talked to a police officer and he gave me a number to call. So I had to call the montgomery county government transportation department and the consumer complaints department. They both told me the law and that what he did was illegal. I take it you don't think it was discrimination related. I'm not sure, when my aunt went there on my behalf, she just got that vibe from him. I don't know, thanks for your help though.
One more quick question...........we have NO money at all. I've already filed a complaint with consumer complaints division w/ documentation, receipts, pics of the lack of signs, etc. If they aren't able to get anywhere and I have to go to court, how much does it usually cost, and do you usually get that money back? It may seem like a stupid question.

[aaron]

Information on small claims court (including filing fees) is available here. It looks like the standard filing fee is $20. Typically if you win your case, the judgment includes your filing fee.