Illegally Towed -- What now?

[AZFiregirl]

Okay, I live in Arizona and here's the deal.

Sometime either Friday evening or Saturday morning, the towing company that has a contract at my apartment complex did a sweep of our parking lot. My truck was parked in a legal parking space (the complex confirms it as legal) that the tow-truck driver mistakenly thought was a fire lane. The spot is one of two perpendicular, side-by-side spaces. The curb that runs alongside the driver's side is painted red (but does not say "Fire Lane"), but the curb in front of the space is not. As I said, the complex agrees that this is a legal space, it is used all the time and never in the year-and-a-half long contract with the towing company has anyone ever been towed from there. My truck was towed, along with six other vehicles in similar parking spaces, for being "parked in a fire lane".

The impound lot was inaccessable over the weekend and no one was answering the phone. Monday the lines were down there due to a storm. I spoke with the apartment complex and they explained why my truck had been towed, acknowledging that I was not in the wrong. I was able to reach someone at the lot today (Tuesday) to try and get my truck back. The towing company brought back the other six vehicles (at no charge to the owners) and I am currently waiting for mine -- they say it is on its way.

I have been without my truck for four days now, two of which were business days, and I have no other vehicle. Is there any way I can be compensated for the gigantic hassle as well as the cab fares I incurred? The apartment complex told me I have to take it up with the towing company because they made the improper tow. The towing company says I need to take it up with the complex because it is their property and they allowed the tow to happen (by giving their company the contract, I assume).

Note: my registration tags were expired when the truck was towed (I renewed them online yesterday) but that is not the reason they gave for towing it. Does that matter?

I am considering talking to a lawyer about this. Any thoughts?

[You Are Guilty]

It's not your job to apportion liability betwen the two. Send a nice, certified RRR letter to both explaining the situation and the exact amount you are expecting, and close with a "If payment is not received by X date, I will have no alternative but to seek judicial recourse".

Then, if they don't pay, go down to the local small claims court, spend the $15 and file a case against both.