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  1. #1

    Question Removal of Unauthorized Vehicles from Private Lot - Responsible Party

    My question involves personal property located in the State of: North Carolina, Cumberland county

    Hello,

    First things first, this may be posted in the wrong section. If it is, please help!

    Background: My apartment complex contracted a company to tow my vehicle because the permit was not properly displayed on the rearview mirror. My vehicle was towed 18 miles despite several other towing companies with storage available within 15 miles.

    Applicable Law(?):

    North Carolina General Statutes Chapter 20. Motor Vehicles 20-219.2. Removal of unauthorized vehicles from private lots.

    [..]
    (a1) If any vehicle is removed pursuant to this section and there is a place of storage within 15 miles, the vehicle shall not be transported for storage more than 15 miles from the place of removal.  For all other vehicles, the vehicle shall not be transported for storage more than 25 miles from the place of removal.
    [...]
    Question 1: Does this mean "if [...] there is a place of storage for any towing company within 15 miles," or "if [...] there is a place of storage for the contracted towing company within 15 miles."
    Question 2: Who is the responsible party (the owner of the lot (landlord) or the towing company) for violating the 15 mile rule?

    Thank you,
    Adam

  2. #2
    Join Date
    Jan 2006
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    38,734

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

    One has to ask:


    does three miles really make a real difference to the issue?

  3. #3
    Join Date
    Mar 2013
    Posts
    17,221

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

    Could be either, could be both, but here's the thing. All you'd be entitled to if you sued somebody is the difference in fees that the extra 3 miles cost you. For example, if you have to pay $500 to get your car now and you would have only paid $450 if the storage location were 15 miles or less, you would only win $50.

    If your local authorities wanted to prosecute under that statute the fines would go to the local government and not to you.

    What would you like to do?

  4. #4
    Join Date
    Dec 2018
    Posts
    168

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

    How about demanding all your money back because it was an illegal tow?

  5. #5
    Join Date
    Jan 2006
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    Default Re: Removal of Unauthorized Vehicles from Private Lot - Responsible Party

    Quote Quoting Chuck77
    View Post
    How about demanding all your money back because it was an illegal tow?
    Nobody has shown it to be an illegal tow. The only part of the tow, so far, in question is what happens If the car is towed beyond the 15 mile limit. That in itself isn’t likely to cause the tow to be considered unlawful.

  6. #6

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

    Oh, I thought them towing it greater than 15 miles meant they weren't supposed to tow it at all, and I would get the full $200 back.

    Some may think I'm splitting hairs, but my vehicle was towed because the permit was in the cupholder, plainly visible, and not on the rearview mirror. Tit for tat. Just want my money back. $200 is ridiculous anyways. I got home at 2130 and left for work at 0515. Pissed me off.

  7. #7
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    Jan 2006
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    38,734

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

    Quote Quoting astranberg
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    Oh, I thought them towing it greater than 15 miles meant they weren't supposed to tow it at all, and I would get the full $200 back.

    Some may think I'm splitting hairs, but my vehicle was towed because the permit was in the cupholder, plainly visible, and not on the rearview mirror. Tit for tat. Just want my money back. $200 is ridiculous anyways. I got home at 2130 and left for work at 0515. Pissed me off.
    What permit?

    just as a comparison: in states that have hang tag type handicap parking permits, if permit is not properly displayed, a ticket issued is valid. The permit could be laying on the dash but if the law,requires it to be hung on the mirror, a ticket is valid due to it not being displayed properly.

  8. #8

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

    Just a general parking permit the apartment issues to all tenants.

  9. #9
    Join Date
    Jan 2006
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    38,734

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

    Quote Quoting astranberg
    View Post
    Just a general parking permit the apartment issues to all tenants.

    If the entity requesting the tow claims they didn’t see it and you cant claim it was on the mirror as is required, it is going to be difficult to prove that the tow was improper.

  10. #10
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    238

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

    astra, did you read the non pre-emption cite at (d), maybe under city ordinance, if a comparative law exists, is different?

    https://codes.findlaw.com/nc/chapter...-20-219-2.html

    Cumberland County has their own Ordinances, but I could find no comparative law there.

    Quote Quoting jk
    View Post
    unless you have evidence towing the vehicle 18 miles

    (and how did the op make the measurement? Road miles or as the crow flies?)

    Good point! It's similar to a road atlas mileage chart, city to city miles. The route that would be most likely taken by a motorist, not pinpoint accuracy.

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