Towed for expired tabs in a private parking lot

[CdwJava]

Did they tag the vehicle for 24 hours prior to the impound? Is there signage that indicates an immediate impound for unregistered vehicles?

I strongly suspect that the impound may well have been unlawful. But, not being entirely familiar with WA states impound laws, it might be.

But, from reading the WA state tow operators manual, it appears that this is an unauthorized vehicle (if prohibited to be on the property) and must therefore be tagged for 24 hours prior to the tow (it can be towed immediately from "residential" property, but since there are more than four residential units on the property, I imagine, this is not categorized as "residential"). I suspect that in WA state as in CA and other states, there are predatory tow operators that skirt the law to try and make a quick buck. RCW 46.55.010(4) requires that the impound be done at the request of the property owner ... the registration is not an issue on private property, apparently. Additionally, if the vehicle is to be towed in under 24 hours, a sign must be posted indicating the hours in which the impound can occur and the contact information for the towing agency. If no such signage is posted, then someone may well be liable for this tow.

Jining, depending on the costs involved here, you might consider looking into this more and consider a small claims action against either the management of the property if they authorized the tow outside the scope of state law, or against the tow operator if they operated outside state law.

- Carl

[jining]

Thank you for the information, I will try and pursue this matter. There was no 24 hour notice and there is no signage, the only sign that even relates to towing is the tow company sign posted around the complex that has their number on it.

I should go get my car out of impound asap and save the reciept correct? The tow company says they cant tell me who authorized the tow...

[CdwJava]

Originally Posted by jining

Thank you for the information, I will try and pursue this matter. There was no 24 hour notice and there is no signage, the only sign that even relates to towing is the tow company sign posted around the complex that has their number on it.

I should go get my car out of impound asap and save the reciept correct? The tow company says they cant tell me who authorized the tow...

I don't have the manual in front of me, but I strongly suspect that they must advise you who had the authority, or, they must show you the contract that grants them the authority to randomly pick up your car. I seriously doubt they can just tow cars at random off of private property.

- Carl

[justalayman]

I had been parked there for only 1 day.

1 day= 24 hours

(1) No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:

(a) The times a vehicle may be impounded as an unauthorized vehicle; and

(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.

that means if a sign is not erected, the tow cannot legally take place unless 24 hours have passed. If a sign is erected OR it is more than 24 hours, tow away time.

1 day= 24 hours?

(14) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:


Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as

defined in RCW 46.55.113 . . . . . . . . . . . . Immediately
(ii) On a highway and tagged as described in RCW

46.55.085 . . . . . . . . . . . . 24 hours
(iii) In a publicly owned or controlled parking

facility, properly posted under RCW

46.55.070 . . . . . . . . . . . . Immediately
(b) Private locations:
(i) On residential property . . . . . . . . . . . . Immediately
(ii) On private, nonresidential property,

properly posted under RCW

46.55.070 . . . . . . . . . . . . Immediately
(iii) On private, nonresidential property,

not posted . . . . . . . . . . . . 24 hours

[jining]

Well, a tow sign is posted stating unauthorized vehicles may be towed, so technically my car is unauthorized according to the HOA rules... but according to HOA rules prior to taking any enforcement action I am to receive notice...

Very difficult to say :P

[justalayman]

No, still not difficult. Especially since there is a sign, state law controls and again, how were they supposed to notify the owner of the car without tags ans parked in a visitors spot?

state law was followed.

you are just wrong.

[justalayman]

Originally Posted by jining

Well, a tow sign is posted stating unauthorized vehicles may be towed, so technically my car is unauthorized according to the HOA rules... but according to HOA rules prior to taking any enforcement action I am to receive notice...

Very difficult to say :P

ining

Today, 05:21 PM
jining
Junior Member

Join Date: Jun 2009
Posts: 8
Thank you for the information, I will try and pursue this matter. There was no 24 hour notice and there is no signage, the only sign that even relates to towing is the tow company sign posted around the complex that has their number on it.

I should go get my car out of impound asap and save the reciept correct? The tow company says they cant tell me who authorized the tow.

just memorializing the contradicting statements about signage

[jining]

Well after I head read the tow operators handbook I learned that the signage can just say unauthorized vehicles may be towed, I thought it had to be a bit more specific.. i guess not

And about tags, we are talking about license tabs here, the 1x1" sticker, it still had license plates, they could have found out who the owner was.

[justalayman]

the signage does have to be more specific if the tow with less than 24 hours unauthorized. Once that 24 hour mark hits, no sign warning of tow is needed at all.

as to tags; the managers cannot call the police and request an ID on a vehicle by the tags nor is there any need for them to.

I was a bit overstepping on that one so in that vein; you do have your vehicles and plate numbers registered with management so they can alert you to a problem with your vehicle; yes?

[CdwJava]

Originally Posted by justalayman

No, still not difficult. Especially since there is a sign, state law controls and again, how were they supposed to notify the owner of the car without tags ans parked in a visitors spot?

state law was followed.

you are just wrong.

The question is whether or not the property was PROPERLY posted. It may not have been.

In all honesty, very, very few businesses and complexes have their properties properly posted. I would not be at all surprised if the signage was inappropriate. None of our local apartment complexes are properly posted, and Wal-Mart is among the handful of businesses with proper handicapped signage. Signage is an afterthought to many commercial and residential managers, and they frequently neglect it until they get jammed up in a situation like this one.

If the signage here did not indicate the hours of the tow and the contact info for the tow company, then I would contend that the tow is unlawful.

No, he should not have left his unregistered vehicle on the property. But, behaving badly does not make the actions of others (the management or the tow company) lawful.

- Carl

[CdwJava]

Originally Posted by jining

Well after I head read the tow operators handbook I learned that the signage can just say unauthorized vehicles may be towed, I thought it had to be a bit more specific.. i guess not

My short read of it indicated that it had to be tagged. Was it tagged? If not, then you might still have an argument.

- Carl

[justalayman]

Originally Posted by CdwJava

My short read of it indicated that it had to be tagged. Was it tagged? If not, then you might still have an argument.

- Carl

where did you read it had to be tagged Carl?

I have found absolutely nothing about the car being tagged. The law (cited above) simply states that if the vehicle is towed for abandonment of less than 24 hours, it must be signed. Once that 24 hour period is passed, it can be towed with no notice.
You are apparently reading something I have not found in the handbook or the RCW.

note the section

46.55.070 . . . . . . . . . . . . Immediately
(iii) On private, nonresidential property,

not posted . . . . . . . . . . . . 24 hours

OP stated car sat for a day. 1 day = 24 hours. No sign needed, no notice needed.

apartment rules are irrelevent but they were notified anyway via rules that unregistered cars will be removed.

more from the handbook:

Signage Requirements - Reference RCW 46.55.070 and WAC 308-61-145
Signs must measure at least 15" by 24" and the lettering thereon must be clearly visible
to all who park.
Signs for publicly owned or controlled parking facilities need to disclose that
unauthorized vehicles will be impounded and must also disclose a phone number for
redeeming a vehicle.OP says there are signs such as this
No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on
nonresidential private property or in a public parking facility for less than twenty-four
hours unless a sign is posted near each entrance and on the property in a clearly
conspicuous and visible location to all who park on such property that clearly indicates:
• The times a vehicle may be impounded as an unauthorized vehicle; andnot needed if not towed within 24 hours and op states, car was there 1 day
• The name, telephone number, and address of the towing firm where the vehicle
may be redeemed

.

more from the handbook:

Private Property
An unauthorized vehicle on private property may be impounded if it is on:
1) residential property (immediately)
2) non-residential property that has a sign posted (can be impounded
immediately)
3) non-residential property and has been there 24 hours or longer

no mention of tagging

[url]http://apps.leg.wa.gov/RCW/default.aspx?cite=46.55[/url]

[jining]

The towing company signs posted state that unauthorized vehicles may be towed at any time (24hours). What do you mean by tagged? Like they put a note on my vehicle? There was not one.

I just got back from picking my car up from the impound. Apparently the president of the HOA authorized it.

[justalayman]

yes, tagged would be a specific notification delivered as required by law.
and if the sign stated they could be towed anytime, the the 24 hours is irrelelevent. They could have towed it as soon as you turned the key off.

No tagging required that I could find anywhere.

[CdwJava]

I interpreted one of the notice sections as requiring notice prior to impound in 24 hours, it was notice to be sent to the R/O of the vehicle AFTER the impound.

- Carl