Cars towed without warning

[namyzarc]

What is the name of your state? IN
I take the train to work every morning and usually park in the parking lot. This morning I arrived a little late and there were no more parking spots available, so I parked (along with at least another 15 cars) alongside a set of railroad tracks just to the south of the normal parking lots. People have been parking in that area for at least the last 5 years. There were never any signs there. Nobody has ever received a ticket or any type of warning as to the legality of parking in that area so everyone just assumed it was OK.
Today when I went to where I had parked, my car as well as ALL the other cars had been towed and 2 tiny signs only 3 feet tall had been added.
According to the police, the property we were parked on belonged to the train company, and as it was private land, it was perfectly legal to have everyone towed away without any warning.
Shouldn't they have posted some signs up to warn people to not park there beforehand? Heck, even a simple printout on the windshield would have worked. In addition, my car bumper was damaged. What are the laws on this?What is the name of your state?

 

[PrinceCharming]

True, this is the equivalent of parkinbg on someones front lawn. Therefore this would make it a civil issue and not a parking issue.

Civil laws in certain states, a property owner can give up their rights if the property owner does not respond to a long term period of tresspassing.

That's how the airlines kept their airspace. No one bothered complaining about the noise from the airplanes until it was too late.

Every state has a different amount of years. I think the average is about 7 years.

Don't ask police for legal advice, they only know criminal law, and it was not a crime for the railroad company to tow your vehicle.

You can file at small claims court and see where that takes you.

 

[namyzarc]

The area you parked was private property.

Your lawn at home is also private property.

My lawn is well manicured, my home is used on a daily basis. I live there. The area adjacent to the railroad track is a jumble of gravel, garbage and weeds: an eyesore to my community. Also nobody lives there.
In other words: personal residence <> area adjacent to railroad tracks.

You don't have any signs on your lawn prohibiting parking on it, do you?

Nope. See above for why It would be obvious that a personal residence and an area near some railroad tracks are not viewed by most normal human beings as one and the same.

If someone parked on your lawn, would you call the police and have it towed?

Firstly, the police were not involved in the towing. At all. It was between the railroad company and the towing company.
Secondly, No - I would contact the owner immediately and ask them to remove their vehicle. I would not allow cars to be parked for at least 5 years on my front lawn without incident, then have them towed without warning. If contacting the owner was not possible, or if the owner did not wish to comply, then I would indeed proceed to contact the police.
My original complaint & the entire reason for starting this thread is that I was never given any type of warning. No signs, no notes. Cars had been parking there without any issues for as long as I can remember.

Just because others have done so in the past, doesn't make it okay NOW.

Technically (and probably legally) you are absolutely correct. Ethically, I don't think it's ok to allow someone to use your property for years and years without ANY problems, then turn around and have them towed without warning. In fact the local train station often advised passengers to use that area as an overflow if the parking lots were full.

As for the damage, that's between you and the towing company. Call your insurance agent for help.

Already on it.

 

[moburkes]

He was simply giving an example when he used your lawn. You CAN try to locate the owners, but no law states that you have to.

 

[Zigner]

My neighbor's lawn is run-down...no grass to speak of and trash strewn about.
I still don't have the right to park there.
It is fairly common knowledge that the area adjacent to railroad tracks is private property.

 

[namyzarc]

Very true. However, if your neighbor had given his consent, then proceeded to tow you without warning, you'd probably not be very happy.
Cars were given the "OK" to park there long ago. No signs stating the opposite appeared until after the cars had been towed.

 

[Zigner]

Very true. However, if your neighbor had given his consent, then proceeded to tow you without warning, you'd probably not be very happy.
Cars were given the "OK" to park there long ago. No signs stating the opposite appeared until after the cars had been towed.

I find this very very hard to believe. Who told YOU it was ok to park there? And, hearing something from a friend who heard it from a friend does NOT count.

 

[moburkes]

I find this very very hard to believe. Who told YOU it was ok to park there? And, hearing something from a friend who heard it from a friend does NOT count.

I agree. What happens, though, when the friend heard it from a monkey. Does that count?

 

[ktexas]

This might be an illegal non-consent tow if the signs didn't exactly meet regulations. Check with your city and state on the regulations. Often cities will have a towing customer's bill of rights.

Many non-consent tows happen not because cars are parked in places that endanger or inconvenience other people, but because towers make a profit from these tows. It's important for people to realize this.

 

[Zigner]

This might be an illegal non-consent tow if the signs didn't exactly meet regulations. Check with your city and state on the regulations. Often cities will have a towing customer's bill of rights.

Many non-consent tows happen not because cars are parked in places that endanger or inconvenience other people, but because towers make a profit from these tows. It's important for people to realize this.

Did you read the post? OP parked on PRIVATE PROPERTY without permission. What sign regulations are you talking about?

 

[ktexas]

Most parking places are on private property. Property owners can still be required to have the proper signs before a non-consenting tow is performed. It depends on city and state laws. The type of signs and the placement requirements can vary based on the location.

Even though the place where parking was done may have not been an official parking place, it may still be considered a parking lot since it's next to a train station where people may reasonably believe that it's available for overflow parking. Thus, proper signs may still be required by law.

Also note that many cities have special small claims courts specifically for non-consenting tows. The receipt from the towing company may include information on how to appeal the tow.

 

[Zigner]

Most parking places are on private property. Property owners can still be required to have the proper signs before a non-consenting tow is performed. It depends on city and state laws. The type of signs and the placement requirements can vary based on the location.

Even though the place where parking was done may have not been an official parking place, it may still be considered a parking lot since it's next to a train station where people may reasonably believe that it's available for overflow parking. Thus, proper signs may still be required by law.

Also note that many cities have special small claims courts specifically for non-consenting tows. The receipt from the towing company may include information on how to appeal the tow.

The siding of a railroad track is NOT a parking lot. Furthermore, I bet if the OP had looked hard enough, he would have seen the no trespassing signs

 

[PrinceCharming]

Actually, Ktexas is making a valid point. In NJ for example, a car parked on private property in a wheelchair zone, and there is no sign, it is illegal to tow that vehicle.

At one point even if there was a sign, but the fines were not posted, you couldnt even get a parking ticket.

Well, this is not NJ and there is no Handicapped Zone involved, but this is just an example ... like the front lawn example.

 

[Zigner]

Actually, Ktexas is making a valid point.

It's not valid in this thread OP parked on private property without permission and got towed...rightfully so.

 

[Kaminoyousha]

It's not valid in this thread OP parked on private property without permission and got towed...rightfully so.

Not to mention THAT would be considered trespassing, seeing that the person was there without consent.