Handicap Parking on Private Property

[carpeluna]

What is the name of your state? California

I have just recently moved into a Mobile Home Park where I purchased a mobile home. The parking situation is that my driveway is able to handle 2 cars. Currently, we have three cars. When we moved into the park there were people parking in the visitors parking for nightly overflow parking. Recently, the park has gone on a crusade to curb these habits.

My mother who is disabled was parking her vehicle in the handicap parking that is part of the visitors parking. The park manager is saying that we have to move the vehicle or get towed. According to my mother's paperwork, she is allowed to park in any desinated handicap spot. I found this website ([url]http://law.onecle.com/california/vehicle/22511.8.html[/url]) which I think states that as long as there is a designated handicap spot, that any handicap person can park there (as long as they have the placard showing). The park is telling me that their attorney said that only handicap visitors can park in those spots and that we have to move our vehicle. Is this legal? I am at a loss here as to what to do. I believe my mother is parking legally. It may not be what that parking spot was intended for, but we only park there overnight and move the car immediately in the morning. We called the local PD and they said that no tow truck company will tow her because she is parked legally, but then we got this letter stating they can enforce what ever parking they want regarless if my mother has a handicap placard or not.

We would park in front of the house, but there is a time limit that you cannot park on the street from 11pm to 7am.

I am stuck between a rock and hard place. Please help.What is the name of your state?

[CdwJava]

This sounds like a contractual issue between landlord and tenant. While the law allows a visitor to park there, your contract with the property may only permit residents to park in designated spaces whether marked for handicapped or not. While I believe it questionable that they can get away with towing your mom's car, you might end up having to get the car out of impound and fighting a very ugly civil battle as a result.

You might ask the management under what authority they will impound the vehicle. I doubt that a reputable and knowledgeable tow company will touch the car without a signed order from the manager, but anything is possible.

The law may be on your mom's side, but that will not prevent a confrontation. It's up to you whether you want to push the issue or not.

- Carl

[carpeluna]

If that is the case. Can she get away with parking out in front of the house then? Since it is a time limit enforced parking and technically her handicap parking enables her to parking in timed parking for unlimited parking.

They are leaving us no where else to park. I don't want to make this a big confrontation and I don't want to get lawyers involved and all that. I am almost out of options though.

[CdwJava]

Other restrictions are not generally covered by the handicapped parking regs - especially when it comes to private property. For instance, a handicapped placard does not give her the right to park on closed property or even in a public park that is closed after certain hours.

This is a civil matter that can result in some complicated and annoying wrangling if no accommodation can be reached.

- Carl