Unreasonable Tow

What is the name of your state? New York

I received the keys to my new apartment on Friday. I parked in a public lot in front of my building. It is a lot shared by the apartment residents, a few small businesses and a nearby park (no permit is required). I checked carefully and there were no signs regarding parking restrictions. I parked around 8pm and went inside. I came out at 10am Saturday morning to find that my car had been towed and temporary paper signs had been duct taped up saying “No Parking 8am-8pm.” The Police Department told me that the town held concerts on Wednesdays and Saturdays, so they close the parking lots for the events. She told me that the signs were put out Saturday morning at 1:00 am. I explained that I just moved in and didn’t know about the events. I felt that a permanent sign should be posted so that it is clearer. Her response was “you should have known and there is nothing I can do about it.” The tow time was 9:30am. I paid the tow fee, but was not issued a ticket. I wouldn’t have parked there if I was aware of the concerts.

Are there any laws regarding the amount of time that a sign must be posted before action can be taken against violators? Also, since I have already paid the fee, can I dispute the tow charge and receive a refund? I did not receive a ticket, so do I bring this issue up with the tow company or the police? (I contacted each party and both sides blame it on the other party.)

Thank you for your help.

[ptlmejo]

That's just plain rude.

At this point, it's a civil violation. Sue 'em in small claims court. Or you could go on Judge Judy.

[You Are Guilty]

Was this inside NYC or just NYS?

Either way, it sounds like you were on private propery at the time? Contact the owner of the property to see what they say.

If it was public property, it will depend on the city you're in as some say signs are effective the moment they're posted, while others give X hours leeway (pretty rare though). Generally, temporary parking regulations (i.e. signs) must be posted 24 hours in advance though, so you may have an "out".

Keep calling everyone and let them know you don't mind going to small claims to get your money for the "illegal" tow back. Someone might cave, you never know.

The tow occurred in North Tonawanda, NY (A suburb outside of Buffalo.) I think the lot is a public lot because it is used for people visiting a public park. No signs are posted indicated who the lot belongs to. Could I find this information out from a public office?

Thank you for the great advice! I’ll certainly keep pressing the issue and look into the sign posting laws in my area.