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Tow truck driver...

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AvidWJ

Guest
What is the name of your state? PA

I was visiting a friend of mine out of town, at his apartment. Because parking is at a premium, he had me park on the corner in the grass next to a space. There are no signs that say not to, and people have parked there before.

Well later that night, someone yells there's a tow truck out there. It's my Jeep...I run out an talk to the guy, tell him I'll move it. He says I cannot because he is already under my vehicle. It was NOT lifted, or attached in any way. He says $50 cash/credit, and that he needs my ID. So I give him my license and my friends come out to see what's going on. They argue with the guy, and proceed to tell me to move it...so I did.

When I got back, he was gone...but I realized he still had my ID :eek:

Any advice?

There were no signs, he wasn't attached to my vehicle in any way...I could see if he was attached to it, but because he wasn't I don't see how he would have any say in the matter...

Brian
 


CdwJava

Senior Member
There generally does not need to be a sign saying "no parking" on a lawn off the street ... as it is not usually a parking place. None of the apartment complexes I know have "no parking" signs on their lawns either, but if someone parks there they would be well within their rights to have it towed.

My guess is that the management of the location the car was parked called to have it removed ... or, they have a standing contract to have these cars that park there removed. And a car is generally considered to be in the possession of the tow company once they are present ... this may not be the case in PA, but it seems to be a general practice.

As for your ID, have you called the tow company and asked about it?

- Carl
 
A

AvidWJ

Guest
CdwJava said:
There generally does not need to be a sign saying "no parking" on a lawn off the street ... as it is not usually a parking place. None of the apartment complexes I know have "no parking" signs on their lawns either, but if someone parks there they would be well within their rights to have it towed.

My guess is that the management of the location the car was parked called to have it removed ... or, they have a standing contract to have these cars that park there removed. And a car is generally considered to be in the possession of the tow company once they are present ... this may not be the case in PA, but it seems to be a general practice.

As for your ID, have you called the tow company and asked about it?

- Carl
I haven't called the tow truck company yet. I did call the local police non-emergency number and talked to an officer there. He said it sounded like I was more in the right than the tow truck based on what I told him, and he called the company to talk to them. They told him I was already lifted and drove off the lift before it was lowered (which isn't true). He suggested calling the company, but I wanted to get some facts before hand.

A friend of mine said he had a similiar issue once - where the driver showed up and he was at his car. He called the police after the driver refused to leave without the money. The police said the driver was correct and ordered the tow truck driver to leave.

While I can see your point about parking on the lawn, typically there is a curb, etc. There was no curb, and you could tell people have parked there before. Even the guy who lives in the APT said he has parked there. From what I've read, a tow-away zone must be clearly marked...

I was curious as to when the possesion took place. I would have no problem had he been hooked to it...but he wasn't. But I can't seem to find any information on this.

I am glad he didn't tow me, as he would have damaged my transfer case and rear parking brakes. This model of Jeep can only be towed on a flat-bed, which it wasn't.
 

CdwJava

Senior Member
AvidWJ said:
While I can see your point about parking on the lawn, typically there is a curb, etc. There was no curb, and you could tell people have parked there before. Even the guy who lives in the APT said he has parked there. From what I've read, a tow-away zone must be clearly marked...
It sounds like most of the whole thing has worked out okay for you then. Except for getting your ID back. Hopefully that can be done with a phone call ... but you might have to get a new one as you never know what the driver might have done with it.

But, as for the 'no parking thing', I doubt that it has to be clearly marked unless it is a paved or unpaved parking area that is primarily used for parking. Having the occasional car parked there probably wouldn't qualify the spot as a parking area - curb or no curb.

If I don't have a curb in front of my house, and I occasionally park my car there, it wouldn't give my neighbor a right to park there. The same holds true at an apartment complex ... all because one person parked there and got away with it, does not mean that there is any lawful right to park on the grass. And I believe even in PA the owner of a property can have vehicles towed off of it unless they are parked in a parking area AND there is proper signage restricting parking.

But, it could have turned out worse.

Good luck getting that license back.

- Carl
 

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