illegal towing in boston?

[ljkd13]

What is the name of your state (only U.S. law)? MA (Charlestown)

Yesterday I parked on my friend's lawn (her landlord-permitted parking spot) between 11am and 2pm. This spot requires no stickers, no window tags, nothing. She has had many people park in it before with no troubles, however my car got towed from the spot. There is a towing company sign in the adjacent parking lot, so she called them, and sure enough, they had my car. She asked who towed it, but they wouldn't tell her for "safety reasons". She talked with the neighbor and the landlord, the only people involved in the property, and they said they didn't tow the car. I went to pick up the car and paid $112 for parking in a perfectly legal parking spot and the towing company wouldn't tell me a thing.

I'm currently unemployed and looking for work in Boston. I can't afford $112. What legal recourse do I have against the towing company? How can I tell that they didn't go into the lot behind the house, see a car nearby, and tow it to get the $112, then refuse to tell me why? If I go to small claims court, will it cost more for the court fees than the tow fee? There has to be SOME law that helps consumers here.

Thanks for the advice.

-Luke

[Stevef]

The tow operator must receive authorization from the police to tow from private property.

If they did not, they must release the vehicle to you without assessing any charges.


[url=http://www.mass.gov/legis/laws/mgl/266-120d.htm]M.G.L. - Chapter 266, Section 120d[/url]

"No vehicle shall be removed from such way or property without the consent of the owner of such vehicle unless the person who has lawful control of such way or property shall have notified the chief of police or his designee in a city or town, or, in the city of Boston the police commissioner, or a person from time to time designated by said police commissioner, that such vehicle is to be removed."

"Any person who removes a vehicle illegally parked or standing on a private way or upon improved or enclosed property, or holds such a vehicle after its removal, and who has not complied in full with the provisions of this section, shall release such vehicle to its owner without assessing any charges for its removal or storage."

[ljkd13]

so how do I prove that when they won't tell me who called them? Is there anything I can do if I already paid to get the car back? Would the town police have been notified, and if so, could I call them?

I'm stuck between neighbors and landlord saying they didn't call, and the towing people saying they got a call, but won't tell me who.

Thanks

Luke

[Stevef]

Originally Posted by ljkd13

Would the town police have been notified, and if so, could I call them?

They should have been called. Yes, you can call them and ask. File a complaint with the police if the tow was not authorized by them.

[CourtClerk]

Originally Posted by ljkd13

so how do I prove that when they won't tell me who called them?

You sue them and let them tell the judge

Is there anything I can do if I already paid to get the car back?

Sue them

Would the town police have been notified, and if so, could I call them?

What did the town police say when you called them? It's still free to call the police and ask a question.

[ljkd13]

So I called the police dept today. They told me that since it was a private lot I had to talk to the landowner or the towing company. I told him I did both, and the landowner hadn't called, and the towing company wouldn't tell me. I asked what I should do next, if the police couldn't help me (as, since it was private, the police were not called and don't have to be) and they said try to talk to the manager of the towing place, which I know will get me nowhere.

once again, thanks

Luke

[Stevef]

Originally Posted by ljkd13

So I called the police dept today. They told me that since it was a private lot I had to talk to the landowner or the towing company. I told him I did both, and the landowner hadn't called, and the towing company wouldn't tell me. I asked what I should do next, if the police couldn't help me (as, since it was private, the police were not called and don't have to be) and they said try to talk to the manager of the towing place, which I know will get me nowhere.

once again, thanks

Luke

Send a demand letter for the return of your $112 and give them seven days to pay. File in small claims court after seven days.

[ljkd13]

will it cost more for me to take it to small claims court than the tow charge? When I do take it in, what kind of things do I need to have prepared?

[reactive]

TV stations like doing stories on this kind of thing. If you reach the manager, hint at that.

[Stevef]

Originally Posted by ljkd13

will it cost more for me to take it to small claims court than the tow charge? When I do take it in, what kind of things do I need to have prepared?

[url=http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html]District Court - Small Claims Information[/url]