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  1. #11
    Join Date
    Jan 2006

    Default Re: Removal of Unauthorized Vehicles from Private Lot - Responsible Party

    The landlord didn’t act outside his authority and it’s not clear the tow company has done anything wrong either. The statute isn’t clear on how to determine and who determines whether there is a storage yard within 15 miles. It also doesn’t state whether it’s road miles or crow fly miles (I suspect it is crow fly miles) and op hasn’t clarified if his determination of distance is road miles or crow fly miles.

    There is a possibility absolutely nothing improper has happened regarding the landlord and towing company. It simply isn’t clear from the info provided and the statute surely isn’t clear.

    On top of that there is nothing stating a violation of the law makes the entire fee invalid. A court could simply adjust the fee to consider the mileage overage. Hell, for 3 miles, a court could determine the overage a de minimus issue and ignore it altogether.

    For me, paying the fee would be cheaper than missing the work required to deal with the issue. $200 is less than a days pay so common sense sets in quickly, especially considering the possibiiity the op could lose even if challaning the tow. That would double the injury as one loses work time plus still pays the towing fee. Not a frugal decision in my mind.

    and of course the op admits the tag was not displayed properly as well. The landlord is not required to attempt to find a tag laying who knows where within the vehicle if the rules state it must be hung on the mirror. If it isnt there, the landlord can accept there is no proper permit to park and act accordingly.

    And the only bitching I see in this thread is yours. Actually it’s more of a whine but similar in misguided belief.

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