Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 27
  1. #1
    Join Date
    Jan 2020
    Posts
    1

    Angry New Car Towed by Apartment Complex

    My question involves a traffic ticket from the state of: Colorado/ Weld County

    Hello,

    I purchased my vehicle on 1/7 and brought the vehicle home at 9pm. The following morning I discover that my vehicle has been towed since it did not have a parking permit.

    I emailed the office to inform them of the inconvenience and that I did not have the opportunity to go to the office to obtain a new parking permit. They simply said that the parking rules and regulations are in the parking agreement. I read those terms and conditions and it just says vehicles are required to have a permit. To remove my vehicle from the impound it was $250.

    My issue is that I did not have the opportunity to contact the office and get a new permit. Their hours are between 8 am - 5 pm.

    Is there any law in Colorado and or Weld county that I can use in small claims court?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,542

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting Macerviz
    View Post

    Is there any law in Colorado and or Weld county that I can use in small claims court?
    I doubt very seriously that you are going to find a law that releases you of the responsibility you agreed to in a contract.

    Your better argument, in small claims court, would be that a reasonable person would think that you would have at least one business day to get the parking pass because the office was closed.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,931

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting PayrolGuy
    View Post
    I doubt very seriously that you are going to find a law that releases you of the responsibility you agreed to in a contract.

    Your better argument, in small claims court, would be that a reasonable person would think that you would have at least one business day to get the parking pass because the office was closed.
    I agree that that is what a reasonable person would assume. However, if this is a predatory towing situation, where the tow trucks are permitted to circle the parking lots looking for cars to tow, then no matter what a reasonable person would assume, any car without a permit for even an hour, is at risk of being towed.

    If the OP sues, makes that argument and the judge buys it, then the apartment complex might stop allowing the predatory type towing and not permit cars to be towed unless its upon the direct request of the apartment complex.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting Macerviz
    View Post
    Is there any law in Colorado and or Weld county that I can use in small claims court?
    No.

    As you have described the situation, your landlord's parking rules and regulations are clear. You're the one who -- despite having actual or constructive knowledge of those rules -- chose to buy a car at a time of day when you would not have an opportunity to notify the landlord about the purchase.

    Here are a few questions for you: When you bought your new car, did you trade in a car? If so, did your old car have a parking permit? If so, why did you not remove the permit from the old car and put it on the new car?

  5. #5
    Join Date
    Mar 2013
    Posts
    17,471

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting Macerviz
    View Post
    I purchased my vehicle on 1/7 and brought the vehicle home at 9pm.
    A better point:

    You could have, and should have, gone to the management office before the purchase and asked "I'm buying a car this week, what do I have to do to make sure I have a parking permit when I bring it home"?

  6. #6
    Join Date
    Oct 2006
    Posts
    15,931

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting adjusterjack
    View Post
    A better point:

    You could have, and should have, gone to the management office before the purchase and asked "I'm buying a car this week, what do I have to do to make sure I have a parking permit when I bring it home"?
    That is certainly a valid point.

  7. #7
    Join Date
    Mar 2013
    Posts
    1,244

    Default Re: New Car Towed by Apartment Complex

    My HOA has the same rules. When I brought home a new car after hours, I made sure to put a visitor pass in the window until I obtained a permanent pass, because I knew the HOA and the tow company didn't have a crystal ball that would let them differentiate between a homeowner's new car and a trespasser from outside the community where parking is often hard to find.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: New Car Towed by Apartment Complex

    Quote Quoting L-1
    View Post
    the HOA and the tow company didn't have a crystal ball that would let them differentiate between a homeowner's new car and a trespasser from outside the community

  9. #9
    Join Date
    Dec 2019
    Posts
    138

    Default Re: New Car Towed by Apartment Complex

    It is easy to tell folks how guilty and hopeless their situation is but much harder to tell them that they may have been taken advantage of.

    I don't live in your State but that happened to me before. My car was towed without proper authorization and I only discovered it by reading the volumes of laws/vehicle codes regarding towing of vehicles.

    In my State a tow company MUST have direct, not prearranged, authorization from the land owner or an agent of the land owner, and must be present during the hook-up and towing of that vehicle. When I told the tow company that I knew the towing of my vehicle violated that statute they immediately refunded all my money.

    I suggest reviewing the numerous laws regarding your towing situation. If your State is similar to mine, and they require a land owner to be present during the tow, you may have a case against them and they will likely back off and refund your $250.

    Research the law and nail them if they towed you illegally. Tow companies are notoriously corrupt which is why there are pages and pages of laws regulating them.

  10. #10
    Join Date
    Jul 2010
    Posts
    7,776

    Default Re: New Car Towed by Apartment Complex

    Colorado state law does require specific tow authorization from a property owner or their agent for a vehicle on private property. It has to be in writing.

    Google is your friend. You should request to see the written authorization for the tow.

    If the tow is legit from the standpoint, I'd start looking for a different place to live if they have people wandering around in the middle of the night looking for cars to tow.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Towing: Car Towed from Apartment Complex
    By parkera1bc in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-21-2017, 01:05 PM
  2. Towing: Towed from Apartment Complex
    By ChrisMen in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 06-19-2010, 09:27 AM
  3. Towing: Car Towed from My Apartment Complex
    By super_dawn in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-22-2010, 09:19 PM
  4. Towing: Car Towed from Apartment Complex
    By S99 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 12-30-2009, 10:39 AM
  5. Towing: Car Towed from Apartment Complex
    By jesser in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-25-2008, 05:37 PM
 
 
Sponsored Links

Legal Help, Information and Resources