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  1. #1
    Join Date
    May 2013
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    Pennsylvania
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    6

    Default Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Sign

    My question involves a traffic citation from the state of: Pennsylvania

    My truck was towed from a parking space which had no 'no parking' sign to indicate that it was reserved. There is a parking lot behind my apartment complex which I am able to park in. There is also a section of the lot where a nearby business rents out some spaces. The only sign indicating this is a green sign, nailed to a fence which only hangs over two parking spaces. I will put a link to a picture to better illustrate my situation:


    http://imageshack.us/photo/my-images...523174417.jpg/

    (The rest of the parking lot was behind me as I took the picture)

    As you can see, there are four open parking spaces. Only the two on the right are marked by the green sign as being reserved. The sign, which reads "reserved parking for 145 w. main st.", has no way of indicating that it applies to all four spots. It is directly in the middle of only the two spots.

    My truck was parked in the second spot from the left, the one in front of the white door. I had no idea that the spot was reserved. Like I said, I can park in the whole rest of the lot. It just turns out that this spot is closer to my door and I'm lazy. Yet I come home to a missing truck and, once again, four open parking spaces.

    My question is, is there a way I can plead my case to get out of the towing/impound charges? And if so, how do I go about it? Small claims court? Would the owner of the business still bear full responsibility for authorizing the tow, even if he just contracts the company to keep the spots clear? And also, I would like to know if there is any way I can also sue for damages due to tremendous inconvenience and loss of time because of the tow? Any feedback is helpful!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: How to Dispute Towing/Impound Charge for Parking in a Spot Without 'No Parking' S

    You're probably out of luck. What on earth makes you think you are allowed to go park on private property just because it's not posted? I do not believe Pennsylvania (some of the local boroughs might have rules to the contrary) has any specific posting requirements before an owner is allowed to have unauthorized vehicles towed.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    The state statute, itself, simply requires a notice:
    Quote Quoting 75 PaCS Sec. 3353. Prohibitions in specified places.
    * * *

    (b) Unattended vehicle on private property. --

    (1) No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property except in the case of emergency or disablement of the vehicle, in which case the operator shall arrange for the removal of the vehicle as soon as possible.

    (2) The provisions of this subsection shall not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator of the vehicle violates such posted restrictions. For the purposes of this section "private parking lot" means a parking lot open to the public or used for parking without charge; or a parking lot used for parking with charge. The department shall define by regulation what constitutes adequate posting for public notice.

    (c) Property owner may remove vehicle. -- The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of the provisions of subsection (b) may remove or have removed the vehicle at the reasonable expense of the owner of the vehicle. Such person who removes or has removed a vehicle left parked or unattended in violation of the provisions of subsection (b) shall have a lien against the owner of the vehicle, in the amount of the reasonable value of the costs of removing the vehicle plus the costs of storage. Any city, borough, incorporated town or township may, by ordinance, provide for rates to be charged for removal of vehicles and for municipal regulation of authorized towing services. If storage charges are not set by the municipality, a maximum of $25 per day may be charged for storage.

    * * *
    The requirements of the sign are set forth in Pennsylvania Code, Sec. 212.115.

    The expression, "reserved parking for 145 w. main st.", seems pretty clear in its meaning. The first question is whether this was a parking lot without designated entrances. If it had designated entrances, was there also a sign at each entrance? If not ("such as when a lot has one or more sides continuously open to a roadway") the question is whether the sign was "readily visible to an ordinarily observant driver". Beyond that, "A primary restriction as defined in paragraph (1)(i) must have a minimum letter height of 3 inches. Signs erected at a distance of more than 75 feet from an entrance point must have letter height which is at least one additional inch in high for each 25-foot interval in the distance. The stroke width of the legend must be a minimum of 1/8 of the required height of the legend," and if this was at night, "Signs which have application during hours of darkness must have a retroreflectorized sign message or background and be positioned so as to be illuminated by the headlight beams of entering vehicles, or the sign may be illuminated during applicable hours of darkness so as to be readily visible to an ordinarily observant driver."

    Local ordinances may also apply.

  4. #4
    Join Date
    Sep 2010
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    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    One might argue that these are not a "parking lot". Looks to me like a few spaces behind a residence.

  5. #5
    Join Date
    May 2013
    Location
    Pennsylvania
    Posts
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    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    Actually as it turns out, it was not towed for being in a reserved spot. And, like I said in the original post, the rest of the 50+ parking spots are directly behind me in the same lot, flyingiron. The property owner allows the two spots to be reserved for the store out front. Anyway, I wasn't parking on private property either. "What on earth" made me think I was allowed to park there, was the property owners permission. What they neglected to tell me was that although the parking lot is free for the summer, they need to know who belongs to what car. So after a few days of seeing my truck there and not knowing whose it was, they towed it. I asked them to pay for the towing fee and they said it was not their responsibility, and acted like I should have known to let them know what my truck looked like.

  6. #6
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    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    Quote Quoting brhoe103
    View Post
    Anyway, I wasn't parking on private property either.
    So now you're telling us that this is a municipal parking lot? Or are you back to imagining that any spot that's not clearly marked as "private parking" is not on private property?

    You have chosen not to share any information relevant to the legal issues raised above, so your complaint about how badly you were treated is duly noted but you've given us nothing else upon which to comment.

  7. #7
    Join Date
    May 2013
    Location
    Pennsylvania
    Posts
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    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    My landlord owns the entire lot, told me i could park there, and towed me. Simple as that. Call it whatever kind of lot you want. The only signs there state that vehicles unauthorized by the property owner will be towed. I was authorized and still towed. The signs and everything are visible. I look at them every day now that I am able to park there without a worry of being towed. The property owner and I had a chat about the ridiculousness of the tow, but they still think they should not have to pay to the charge. What else do you need to know to determine whether or not I am able to fight the charge and make my landlord pay me back? I can take a picture of the other parking signs too if it would help.

  8. #8
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Challenging Towing and Impound Fees for Parking in a Spot Without 'No Parking' Si

    Is there not a tag, a sticker or any sort of identification that you are given when you are allowed to park in that lot?

    Whether there is one or not, typically, "management" (or the landlord in this case) would obviously need to know what your vehicles looks like especially with you mentioning that there were 50 spaces in this one lot which would imply a large number of vehicles. In fact, more often than not, the manager or owner would require the tenant to provide a description and a license plate number of vehicles they intend on parking on the property to avoid this same issue. That it the towing of an unidentified vehicle.

    And so if we go back to your comment about:

    Quote Quoting brhoe103
    View Post
    I asked them to pay for the towing fee and they said it was not their responsibility, and acted like I should have known to let them know what my truck looked like.
    How dare they act that way!!!!

    Seriously, face it.... You should have let them know what your truck looks like!

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