My question involves a consumer law issue in the State of: Ohio
I live in an apartment complex that charges $15 per month to park a resident vehicle at the apartment complex. I pay the $15 per month and have been issued a decal to place on the lower left-hand corner of my rear window. My apartment complex has hired a third party towing company to tow vehicles parked at the complex that do not have a displayed decal. However, the leasing office of my apartment complex has all of the residents' cars information on record: license plate number, make, model, year, and color of the cars, including my own. This information has been furnished to the towing company. I park my car at the complex legally, as I pay the $15 per month, and both the towing company and leasing office have my car information on record as a car allowed to park at the complex.
My car was towed around 9:00 pm on 9/9/09 by the towing company. I went to the towing company and had to pay $120 to retrieve my car. My car was towed, according to the company, because my decal was not visible on the car. I checked my car and found the decal was lying on the car floor.
My apartment complex leasing office says that they simply hire the towing company to tow cars and have no responsibilities regarding car towing, and the car towing company says to take up my problems with the leasing office.
Is the towing company within it's rights to tow my car, even though I am a resident at the complex, I pay the monthly parking fees, I have been issued a decal, I put the decal in the location they required on my car, and they have my car information on record?
And is my apartment complex allowed to have such a policy of towing residents' cars if they pay the monthly parking fees and have supplied the leasing office with their car information?