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Illegal Trespass Tow in Massachusetts

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  • 06-08-2009, 05:11 PM
    D in Mass
    Illegal Trespass Tow in Massachusetts
    My question involves towing laws for the State of: Massachusetts

    My vehicle was towed while my girlfriend was visiting her parents at the low income housing complex that they live in. She and her father chased the tow truck out of the complex and it then turned on to the main road and was quickly out of sight, all the while the towing lights were not turned on.. They then called the tow company and the police about the tow and was told that it was a trespass tow due to not having a resident parking sticker.

    I went to the complex to pick her up to go get the vehicle and we took a couple pictures of the area where it was parked and there were no signs stating tenant parking only or that towing was enforced. According to her parents at the last tenant meeting they were told that there was no assigned parking or towing due to the ongoing construction project until the project is complete. The next morning I went and took pictures or the whole complex and a couple cars that were there with no sticker. Upon entry to the complex about 1000 feet in there is a lot that used to have visitor parking which most all spots are now occupied by storage containers on the front of the first container there is a sign stating "No trespassing All visitors to the site must check in at ( Specified unit)" that unit is an empty unit that is unoccupied and also under construction. With that unit being unmanned there is no way to check in.. Also in that lot there is a (the only sign in the whole complex) sign stating tenant parking only violators will be towed and gives the towing company and name. now with that said the sign is on the side of a building hidden behind a port a potty.

    Directly across from the complex there is a strip mall that has towing done by the same tow company and there are at least 10 signs there, Yes I got pictures of that also.

    When we went to get the vehicle I asked then why it was towed and was told it was a trespass tow and that in order to park there I needed a sticker. I told him there were no signs and he said there were. to which I replied no there's not one sign up there and paid the fee and left.

    The following Monday I contacted the housing complex management and was told to speak to a certain individual when they returned from a business event. They told me that in order to park there I must have a visible valid housing parking permit. I then addressed where can visitors park being that the spaces are occupied by the storage containers. His response was that they have an ongoing project and need to address that and will look into assigning more visitor parking. Next I had told him that there are several vehicles that were parked there and Identified a couple to him. His response was that they were company owned vehicles and had asked for permission not to have stickers affixed to their vehicle on vehicle in particular was a local taxi that was parked in a spot that has a sign marked "Police Vehicles Only". With that answer I did not bother going on about the vehicles that had their stickers positioned on the dark tinted privacy glass.

    It's not about the $126 tow fee but the principle. The residents are being screwed and my girlfriend will not visit her parents due to the parking situation. We have considered parking on the closest residential street and walking the quarter mile.


    What should I take for further action, I feel the local court would be a waste of time as the political connections ranging from one member is a state rep and other is on the police force.

    I have been told several options: ranging from contacting the local media and various state agencies about the parking situation, The safety violations caused by construction debris and equipment as well as there not being any permits visible on the units under construction.
  • 06-09-2009, 09:25 PM
    Mr. Knowitall
    Re: Illegal Trespass Tow in Massachusetts
    If you believe you can prove to the satisfaction of a small claims court that the sign you located was not legally sufficient, you may attempt to recover the money in small claims court. In terms of going to the media, complaining to legislators, etc., that's not really a legal issue.
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