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  1. #1

    Default Towed in Apartment Complex by Person Who Was Parked in My Spot

    My question involves towing laws for the State of: Florida

    Last night when I got home, a car was parked in my spot. I checked and saw that there was a decal on the car for spot 29. I am spot 28. I figured it was a simple enough mistake so instead of having them towed, I simply parked in their spot since it was empty and directly beside mine. I checked back a couple hours later and they were still in my spot. This morning I got up and found out that the person had me towed (after they were originally parked in my spot). There are no "tow-away zone" signs in the complex apart from those for disabled parking. In our resident handbook however, it does say we have the right to tow someone parked in our spot. Is there anything I can do to fight this seeing as how the person who towed me was in my spot and then had me towed out of theirs?

  2. #2

    Default Re: Towed in Apartment Complex by Person Who Was Parked in My Spot

    UPDATE: I spoke to the person who had me towed and she admitted that she was wrongly parked in my spot but didn't realize the error and called the tow truck. She said after she realized she made a mistake, she called the tow company and told them not to come because she was parked in my spot so we could just switch in the morning. The tow company said they were already on their way and would tow us both since we were in opposite spots. I recorded the conversation with her admitting to wrongly parking in my spot. Legally, what action can I take? She claims that she asked the tow truck not to come and they decided to anyway so were they wrong for towing me?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Towed in Apartment Complex by Person Who Was Parked in My Spot

    well, you were improperly parked so the tow was justified. You had the option of having them towed but declined. You should not have parked in their spot but found some legal area to park.

  4. #4

    Default Re: Towed in Apartment Complex by Person Who Was Parked in My Spot

    There was no other legal area to park. We are all assigned only one parking space and a visitor's parking. Persons with a resident sticker cannot park in a visitor's spot so there was nowhere else for me to park. My question is based on the fact that this is private property and the tow company was told not tow me but decided to anyway. I was reading the Florida statute and just needed some assistance on the interpretation and what my rights are in this situation.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Towed in Apartment Complex by Person Who Was Parked in My Spot

    I cannot find anything at the moment but I would look for a section of law that addresses drop fees and the like. In some states, if you stop the tow prior to them engaging the vehicle, there is no fee.

    She claims that she asked the tow truck not to come and they decided to anyway
    what did the tow company say when you told them this?

  6. #6

    Default Re: Towed in Apartment Complex by Person Who Was Parked in My Spot

    Quote Quoting jk
    View Post
    what did the tow company say when you told them this?
    Thanks, I'll start looking. The person I spoke to said he was just a driver and I would have to take it up with management in the morning. I already suspect that they will give me a hard time so I just want to go there with a full understanding of what the law is.

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