I Was Towed Out of My Assigned Parking Space for an Incorrect Registration Sticker

[purple96]

My question involves a consumer law issue in the State of: Volusia County, Florida

I live in a townhouse and my car was parked in one of two assigned parking spaces. My car was towed overnight due to an expired tag. I have already renewed my tag prior to this, I had just forgot to put the updated sticker on. I take full responsibility for not putting on the sticker.

Recently, there had been issues with cars parking in the grass and blocking traffic so our homeowners hired a towing company to go around randomly. I had no idea that they could tow you from your assigned parking space let alone for an outdated sticker obviously. I'm a college student living with my mother and she is the owner of the house, I'm not sure about the land though. She is going to look into getting a copy of the HOA rules.

My understanding was that they were hired to tow vehicles that were parked in the no parking zones. By me forgetting about my sticker, did that make my car illegal and okay to tow even though it's actually registered? Also, even if my car were considered illegal, would by me being parked in my assigned spot, indicating by my house number on the ground, protect my vehicle?

I just want to know if I should just take the loss and move on or if I was actually wronged. Thank you in advance for any replies on this topic. I just want your honest opinion.

[pg1067]

By me forgetting about my sticker, did that make my car illegal and okay to tow even though it's actually registered?

Illegal? Probably not. It's safe to assume that it was in violation of the rules, but obviously, no one here has read the rules of your HOA.

As a practical matter, you're not likely to convince the HOA or the tow company to reimburse whatever it cost you to get your car out of impound, so you can make the decision between small claims court or letting it go. Once you obtain and read the rules (which your mother, as a homeowner and member of the HOA should already have), you can make an informed decision.

[Harold99]

Typical negative advice.

Spend some time and read your towing laws. Some states require the owner of the property, or an agent of the owner, to be present during the hook-up and tow. If that is the law, find out if the owner pre-signed and dated a stack of towing authorization forms early in the night for the tow truck driver to use much later that night. Keep this law to yourself until you get the HOA to tell you how and when they authorized the tow company. Then you would have the tow company and the HOA on the hook for reimbursement.

I know this because I busted a tow company doing that to me. The tow company knew that law and quickly reimbursed me.

You could have a scumbag tow company ill-advising an ignorant HOA.

[Taxing Matters]

I just want to know if I should just take the loss and move on or if I was actually wronged. Thank you in advance for any replies on this topic. I just want your honest opinion.

Whether the tow was good starts with what your HOA parking rules say. As I have not read those rules I cannot say if they require that cars parked in the HOA have current registration. I've seen some HOAs that have that kind of rule, but not all of them do. The HOA has no basis for towing the cars unless the parking is in violation of the rules. Once the car is towed, the HOA and towing firm are subject to the rules in Florida Statute § 715.07. Failure to follow those rules may give you a cause of action against the HOA and/or towing firm.

Some states require the owner of the property, or an agent of the owner, to be present during the hook-up and tow.

Florida is not like California and has no such requirement.

[Harold99]

Go to this website. This local lawyer does not seem to agree with this website's resident lawyer, Taxing Matters.

This is from a Florida attorney’s website:

"Your car may not be towed unless a representative of the property owner authorizes it at the site or by fax, time-stamped before the tow and specifying your vehicle."

https://gulisanolaw.com/illegal-and-...ng-in-florida/

Maybe even give this lawyer a call Monday for insight, or even representation.

Chances are that either the HOA or the tow company did something wrong...and this lawyer can take them to 'school' on it. For me, I'd rather pay the lawyer $300 instead of the tow company.

[Taxing Matters]

The Florida statutes require that the owner either have been given prior notice that the parking was not permitted or that there be signs regarding what parking is permitted except that signs are not required when the parking is done on what is clearly part of a single family residence. Again you need to start with the HOA rules. If they don't state a requirement that that owners must have current registration on their cars, and assuming no signs or notices with that requirement, the tow would not be valid. If the HOA rules do have that requirement, then the issue is whether the fact that it is stated in the rules is sufficient to meet the notice requirements in the statute.

Go to this website. This local lawyer does not seem to agree with this website's resident lawyer, Taxing Matters.

Wrong, Harold. What I stated is true: Florida state law does not have that requirement. And the web site you linked does not state anything to the contrary. Your quote comes from the part of the lawyer's page that talks about the additional requirements of Broward County. So unless the OP is in that county, the additional info the lawyer provides about Broward county won't matter. I don't know what city/county the OP is in, so I can't tell him what additional requirements might apply. The OP certainly should check his city/county ordinances to see if they have additional rules that would help him if he's in another county, though.

[Harold99]

Wrong, Harold. What I stated is true: Florida state law does not have that requirement. And the web site you linked does not state anything to the contrary. Your quote comes from the part of the lawyer's page that talks about the additional requirements of Broward County. So unless the OP is in that county, the additional info the lawyer provides about Broward county won't matter. I don't know what city/county the OP is in, so I can't tell him what additional requirements might apply. The OP certainly should check his city/county ordinances to see if they have additional rules that would help him if he's in another county, though.

Really?

[Taxing Matters]

Really?

Really. Did you actually read the site carefully? From your response, I'd guess the answer is no.

[Harold99]

Really. Did you actually read the site carefully? From your response, I'd guess the answer is no.

It doesn't matter what my response is or isn't. I am always wrong when I disagree with you. It's the game you play here.

I feel confident that I could prevail on this tow like I did before. So could you...maybe, if you weren't so negative in real life. I could also do just fine face to face with you. But not here where you, and other, can play your digital word games that do not work when presenting yourself as a real person. In person you have to answer all questions put to you and you can be stopped instantly mid-sentance. ...Social interaction that digital people avoid.

Purple,
Call that lawyer Monday morning and get back to us. Don't let an ignorant HOA and a corrupt tow company possibly rip you off. I didn't, but I had to pursue it...which is advice you will not get here.

[Taxing Matters]

It doesn't matter what my response is or isn't. I am always wrong when I disagree with you. It's the game you play here.

I feel confident that I could prevail on this tow like I did before.

I'm sure you do. The problem is that in Florida you wouldn't have the benefit of the California law that helped you in your situation. Moreover, we don't have all the facts here. As I suggested to the OP, the first place to check is the HOA rules. If there is no HOA rule that says parking without a current registration is not permitted the HOA has a real problem in upholding the tow.

So could you...maybe, if you weren't so negative in real life.

I'm not negative. When it comes to the law, I'm a realist. I base decisions on what the law and evidence is in the matter. Here we don't have all the facts, so I can't tell the OP for sure he could prevail. All I can do right now is point him to things to check that may help him make the case that the tow was invalid. I certainly haven't said he can't win.

I could also do just fine face to face with you.

I'm sure you think that. But you'd not fare any better with me on a legal matter face to face than on these forums. You often make unwarranted assumptions and don't read things carefully. Those mistakes are not any easier to gloss over in person than they are in writing.

And you are not always wrong. I've supported the correct things you have said in this forum. But I certainly will challenge you when you are wrong, and those the instances the you remember more. My only goal here is to give good information to the people asking questions. I have no agenda to put you down or go after you or anyone else. When you provide good information, I'll not jump on you for that.