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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Car Towed from Apartment Spot

    Hello,

    I live in Reno, Nevada and recently had my car towed from its assigned parking spot at my apartment complex. I called and spoke with management and was informed that they had it towed as there was no parking permit displayed in the window. Unfortunately my parking permit was ripped at the top and I was unable to hang it in the mirror. I didn’t find it to be a problem as my car had been parked in the spot ever since I moved into Oak Manor, as well as it was registered with management on my rental lease agreement. My pass has not been displayed for well over 2 months and as being a graduating college senior and working full time, I did not have the time or money to have it replaced. Seeing as there was no need, due to the reasons mentioned above. Now I winded up paying $255 for the car being towed. I feel this this should not have occured because:

    1) No signs are posted nor does it say in the rental contract that a parking permit must be displayed at all times otherwise your car will be towed.
    2) No courtesy warning was given; no phone call was made to me to warn me of the towing.
    3) No complaint was made about my car being parked in its spot by a tenant, yet an employee of ERGS took it upon themselves to tow it.

    There are signs posted on property saying, “Parking by permit only.” To reiterate this does not say, parking permit must be displayed. I did have a permit and a permit number. The vehicle is registered with the apartment complex.

    I recieved a call back from management after writing a complaint letter and they said I should have admitted it was my fault and they might have done something. I still do not see how this is my fault, yes I took the tag down because it ripped, but wasn't worried as I was parked in MY OWN SPOT and no where again said I had to display a parking permit.

    I made a report to the Better Business Bereau already but was wondering if this is worth taking to small claims court?

  2. #2

    Default Re: Car Towed from Apartment Spot

    1) No signs are posted nor does it say in the rental contract that a parking permit must be displayed at all times otherwise your car will be towed.
    Except the signs you refer to below?

    2) No courtesy warning was given; no phone call was made to me to warn me of the towing.
    If it's not in writing somewhere that someone owes you a "warning", you're not entitled to a warning.

    3) No complaint was made about my car being parked in its spot by a tenant, yet an employee of ERGS took it upon themselves to tow it.
    If ERGS is either contracted to by practice allowed to tow from the complex, they don't NEED someone to make a complaint. If the tow driver determines that the vehicle is parked in violation of the complex's rules (like not having their permit properly displayed), they tow the car. You can always make the arguement in court that the vehicle WAS parked properly, but the circumstances as you describe support that it was towed due to your failure to display the permit.

    There are signs posted on property saying, “Parking by permit only.” To reiterate this does not say, parking permit must be displayed.
    Are you thinking the court is going to buy the arguement that ESP is the preferred method, over DISPLAYING? Guns don't say "don't shoot anyone illegally with this" either - some things you're supposed to have enough common sense to figure out.

    I did have a permit and a permit number.
    Nice, but irrelevent unless displayed.

    The vehicle is registered with the apartment complex.
    Nice, but irrelevent unless displayed.

    i
    I recieved a call back from management after writing a complaint letter and they said I should have admitted it was my fault and they might have done something. I still do not see how this is my fault,
    "yes I took the tag down"

    See it now?

    because it ripped,
    You still have the responsibility to either repair or replace it.

    but wasn't worried
    Always a risk.

    as I was parked in MY OWN SPOT
    It's actually the apartment complex's spot that they allow COMPLIANT vehicles to park in.

    and no where again said I had to display a parking permit.
    Except for the sign you mentioned above.

    I made a report to the Better Business Bereau already but was wondering if this is worth taking to small claims court?
    Go for it.

    Look, here's how this whole thing works. Remember in the Bible (Genesis) when the plagues were being sent against Egypt so the Pharoah would let the people go? And the Israelites had to put the sign on their doors so the Angel of Death would pass by? Same principle applies. If you don't want the Tow Truck of Death to get you, you need to put out the indicator that says "yo, this is cool, pass right on by". It really IS that simple. The Angel of Death and the Tow Truck of Death don't get paid to think, or go look up your permit, or make phone calls to make life convenient for other people - they get paid to ACT. Give the sign and you're safe. Don't give the sign and you get death...or towing...which is practically death.

    So come up with something better than "your Honor, I didn't do it right because..."

    Take pictures of the sign or signs, take a copy of your lease (after reading it carefully) and highlight any parts that reference parking or permits, and make your case to the court. (And remember to capitalize the "H" in "Honor" when you address the judge...they like that.) If you win, and the towing company is found to have been unreasonable or even predatory, THEN the Better Business Bureau may be interested in the complaint.

  3. #3
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Car Towed from Apartment Spot

    When they issued you a parking permit, it's common sense that it needs to be displayed. Otherwise, why would the issue you one. It's implied.

    You displayed your permit for a few months and nothing happened. You didn't, and you were towed. They don't write down every vehicles license number that's in their lot, not displaying a permit and double-check it against their records. They just take down the license number, call the towing company, and that's that.

    Couldn't hang it from the rear-view, what about placing in on your dash, in plain sight? No time or money to replace it? That won't hold water in court.

    They don't owe you a courtesy warning
    They (management) complained about it; that trumps all.

    BBB isn't going to help much but yes, you can take it to court and argue your case. But what is your defense? If they gave you a parking permit in order to park at the complex, then it must be displayed. And the judge will most likely ask then if it didn't need to be displayed, then why did they issue you one?

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