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Towing Dispute in Oregon

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JessicaRabbit64

Junior Member
I Live in Oregon. I was visiting a girlfriend at her apartment complex and parked in a non marked parking space in accordance to their regulations. When I returned two hours later, my car had been towed and the tenant was pulling into the space. She told me she had had my car towed because it was in parked in her reserved space. I asked her to show me where it was marked and she said it was covered with gravel but it was her spot anyway. I took a picture because the parking space is at the end of a row of parking spaces all of which are clearly painted with numbers. Her space was not. The picture shows a definite difference in her space as opposed to the other marked spaces. The charge to retrieve my vehicle was $281.00.
I want to know if the tenant is at liberty to tow the vehicle or is that the sole responsibility of the land owner or manager and the tenant is responsible for reporting it.
Is the towing company responsible for placing a notice or warning for any length of time before towing?
Is the property management responsible for ensuring that the spaces are clearly marked before enforcing the towing regulations?
Can I sue in small claims court and retrieve my money back for parking in a space that by all defaults is not marked?
Can I sue the property management for failing to clearly distinguish between tenant and visitor parking?
If so, who is responsible in this case?
The tenant, property management or contracted towing company?
What is the name of your state?
 


OregonLawyer

Junior Member
I would also get a picture of any towing signage in the area.

This is called a "PPI" tow, or "Private Property Impound." It's when you park on someone's property without their permission, and they can have the towing company tow you. There are state and local regulations regarding how they can be carried out. Are you in Portland?

You may be able to go after either the property management or the towing company for the fee, but I doubt the tenant would be liable.

Feel free to e-mail me with additional details if you want to discuss this further: [email protected]. I have handled towing actions in the past.
 

JessicaRabbit64

Junior Member
I think I understand

I am in Portland, but unfortunately, the apartments are in Clackamas. I have pictures of the signage. It’s located on the dumpsters (where there are no parking spaces??) The signs say “Unauthorized vehicles will be impounded 24 hours a day by xxx towing company” No where does it describe what makes a vehicle “unauthorized” or what constitutes visitor parking. I know to park in the unmarked spaces because it is the tenant’s responsibility to inform visitors where to park. I was also "caught" taking pictures the night it was towed but it was dark. Although you can clearly see in the dark pictures the space I was in was not marked comparing to the spaces next to it. I went back the next day to take daylight pictures and they painted! It's obvious they only painted that one particular space. I took more pictures. I plan to approach the property management and ask for reimbursement. I am giving them a copy of the photos, the ORS Disposition of unlawfully parked vehicles and advising them that we will go to court should they not provide me with a refund. I am ready and willing to go to court. What I am most wondering at this point is this:

A) Is the property management liable for failing to provide clear and adequate notice that my vehicle was at risk of being towed?

B) Is the Towing Company liable for accepting a tow order from someone without the authority to order a tow from private property?

C) Is the Tenant liable for ordering a tow without proper authority?

Who is most responsible? Or do I name all three and let the judge throw out whoever isn’t responsible? Also, if we go to court, can I add pain in the butt fees? If so, how much? Twice the original costs?

Thanks so much for your advise.
 

Zigner

Senior Member, Non-Attorney
JessicaRabbit64 said:
I am in Portland, but unfortunately, the apartments are in Clackamas. I have pictures of the signage. It’s located on the dumpsters (where there are no parking spaces??) The signs say “Unauthorized vehicles will be impounded 24 hours a day by xxx towing company” No where does it describe what makes a vehicle “unauthorized” or what constitutes visitor parking. I know to park in the unmarked spaces because it is the tenant’s responsibility to inform visitors where to park. I was also "caught" taking pictures the night it was towed but it was dark. Although you can clearly see in the dark pictures the space I was in was not marked comparing to the spaces next to it. I went back the next day to take daylight pictures and they painted! It's obvious they only painted that one particular space. I took more pictures. I plan to approach the property management and ask for reimbursement. I am giving them a copy of the photos, the ORS Disposition of unlawfully parked vehicles and advising them that we will go to court should they not provide me with a refund. I am ready and willing to go to court. What I am most wondering at this point is this:

A) Is the property management liable for failing to provide clear and adequate notice that my vehicle was at risk of being towed?

B) Is the Towing Company liable for accepting a tow order from someone without the authority to order a tow from private property?

C) Is the Tenant liable for ordering a tow without proper authority?

Who is most responsible? Or do I name all three and let the judge throw out whoever isn’t responsible? Also, if we go to court, can I add pain in the butt fees? If so, how much? Twice the original costs?

Thanks so much for your advise.
When I first started driving, I asked a security guard at a hospital parking lot who was considered "authorized" to park in a certain spot. His answer was "If you don't know, then you aren't authorized".
Maybe the same applies here...
 

JessicaRabbit64

Junior Member
No more dispute

I took my pictures into the property management, briefly described the situation and asked for a refund. They sincerely apologized and immediately refunded my money. Maybe your experience doesn't apply Zigner.

Thanks for everyone's words of wisdom. I appreciate your help.

This battle was won!
 

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