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  1. #1
    Join Date
    May 2015
    Posts
    4

    Default Towed During Vacation Despite Parking Properly

    Hi,

    I recently went on vacation and parked my car in a spot within my parking garage at the apartment complex that I live. The spot was completely ok when I left. The apartment I live is doing construction in the parking garage on the 4th and 5th floors so no one can park there. I however, was parked on the 3rd, which was perfectly fine when I left for vacation (a cruise in the middle of the ocean so no contact). According to my roommate the day after I left they posted a letter on my door stating that construction would start on the 3rd floor and vehicles would be towed. A day later my vehicle was towed and I had to pay for a six day impound and a towing fee ($335). When I returned from my trip I saw several emails notifying me but there was no way to move my car. I can't imagine that 1 day is enough notice to tow someone's car? I spoke with management at my complex and they pretty much told me to piss off and they would never reimburse me (they are extremely mean). They said I should have parked on another level and should have anticipated the change. There was no notice prior to me leaving which was only a day before! I am not sure if I should reach out to the city code of compliance commissioner or not. Any advice is helpful and I really appreciate it.

    My main concern is if they are allowed to change parking spots around with such a short notice (One Day). I am in Tampa, Florida. I would imagine that they are required to give 10 days notice or something before they just switch up all the spots.

    Shawn

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Towing While Parked Legally, Need

    Quote Quoting shawnathon
    View Post
    There was no notice!
    Shawn
    What?!!!

    Of course there was notice.

    You got a notice on your door.

    You got emails. Didn't you check your emails on your trip?

    You could have had your roommate take care of moving your car.

    Quote Quoting shawnathon
    View Post
    I am not sure if I should reach out to the city code of compliance commissioner or not.
    Sorry, but my advice is this: It happened, it's unfortunate, get over it.

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

    Default Re: Towing While Parked Legally, Need

    the management was supposed to do what? Unless they knew where you were and how to contact you, you are the one that killed the lines of communication. Were they supposed to work around your car?

  4. #4
    Join Date
    May 2015
    Posts
    4

    Default Re: Towing While Parked Legally, Need

    The notice was only one day in advance and it was after I had already left. If they had given a notice of at least 3 days I would have not been parked there. Once I was in the middle of the ocean I didnt have any internet to check any email in which case it would have been to late anyways.

    - - - Updated - - -

    Are residents not allowed to go on vacation because management can change the parking spots whenever they feel? I feel they should have to give more of an advanced notice, one day does not seem like enough time to plan.

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

    Default Re: Towing While Parked Legally, Need

    shawnathon;884914]The notice was only one day in advance and it was after I had already left. If they had given a notice of at least 3 days I would have not been parked there. Once I was in the middle of the ocean I didnt have any internet to check any email in which case it would have been to late anyways.
    and if you had left 3 days before so you wouldn't have seen that notice you would have wanted a weeks notice.

    you got one day. That is all that is required.

    as far as no internet while on the ship; really? it seems every cruise line I checked on the internet says yes. There is a fee for it (who doesn't charge a fee for everything?) but they have it.

    - - - Updated - - -

    Are residents not allowed to go on vacation because management can change the parking spots whenever they feel? I feel they should have to give more of an advanced notice, one day does not seem like enough time to plan.
    or maybe when you plan on leaving and being incommunicado you really should check with your landlord to make sure there won't be a problem. That's what people that think ahead would do.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Towing While Parked Legally, Need

    Another suggestion: Leave a key where the roommate can get to it in an emergency. Assuming you trust your roommate, of course.

  7. #7
    Join Date
    May 2015
    Posts
    4

    Default Re: Towing While Parked Legally, Need

    Why wouldnt the same logic stand for the apartment complex?! dont they have to think ahead?! I just moved into this apartment complex, how was I supposed to plan for this?

    - - - Updated - - -

    I would have left the key but I had to lock my door before I left so I brought it with me. Obviously hind-sight is 20-20 and there were a million things I could have done. I am wondering if they are supposed to give more of a notice before they change the spots so I can get them to reimburse me. If they are not required to give any notice then I am screwed. They posts are starting to seem like opinion instead of fact.

  8. #8
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Towing While Parked Legally, Need


  9. #9
    Join Date
    May 2015
    Posts
    4

    Default Re: Towing While Parked Legally, Need

    "(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice."

    This was helpful! Thank you for your post, but its for California. I am not sure it will apply in my situation. I was trying to look at Florida statutes but am having trouble finding a time frame.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Towing While Parked Legally, Need

    Quote Quoting shawnathon
    View Post
    The apartment I live is doing construction in the parking garage on the 4th and 5th floors so no one can park there. I however, was parked on the 3rd, which was perfectly fine when I left.....
    In other words, there has been notice of ongoing construction and associated parking restrictions. It may be that the notice included a caution that additional areas of the garage (perhaps identified, perhaps not) will be subject to temporary closure in association with construction activities, and what additional notice you will receive of the closure. You should review the past notices.

    You should also review your lease for its provisions relating to parking, and see if it includes any provisions for notice in the event of a temporary closure of a parking area for construction or maintenance.
    Quote Quoting shawnathon
    I can't imagine that 1 day is enough notice to tow someone's car?
    In the absence of a contract, Florida has a statute that governs the removal of vehicles from private property, Florida Statutes, Sec. 715.07. If you have lease terms that include authorization for a tow under these circumstances, or which incorporate community rules permitting the tow, then it's unlikely that you have any protection under the statute. If not, then the landlord would be in the position of having to explain how its actions fall under an exception to the general rule; although that may be possible, particularly if you were previously warned of the possibility temporary closures outside of the 4th and 5th floors.
    Quote Quoting shawnathon
    View Post
    This was helpful! Thank you for your post, but its for California. I am not sure it will apply in my situation....
    It won't.

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