Excessive tow charges

[jorshe]

What is the name of your state? Ohio

there were several cars (for sale by private owners) parked at a small empty lot on a street corner. there were no signs stating whether the property was private, public, or a tow-away zone. Most of the vehicles were being displayed for a couple of months. the weekend before christmas, I received a call from a towing company stating that they had my vehicle. I was told that the property owner called the towing company and requested to have the cars removed. The cost to retrieve it, $180. The property owner had all of our phone numbers to contact us if he wanted our vehicles moved. This created a hardship for me because I'm a student and not working. But I didn't want to keep racking up storage charges. Do I have a claim in small claims court and if so, would it be against the towing company or the property owner?

 

[stephenk]

Did you have written permission by the property owner allowing you to keep your car on his property? How long was the car sitting on his lot?

 

[jorshe]

No. None of the owners of the vehicles were aware of who owned the lot. There are no buildings located there. It is just an empty lot. My vehicle was there about 3 weeks. Others were there for 2-3 months.

 

[JETX]

"Do I have a claim in small claims court and if so, would it be against the towing company or the property owner?"
** No claim. You put your car on someone elses property.... they had it towed. Your assumption that the owner would allow it.... was wrong.

 

[jasonwooten]

You do have a case against the property owner. Get a hold of Ohio Revised Code 4513.60 and read it carefully. There should have been signs on the premises and there is a monetary limit on how much may be charged to retrieve you're car. Consult a Lawyer as well, as this advice is only opinion.

 

[JETX]

Sorry, but Jason's got this one wrong.
He's apparently confused about the difference between 'private property' (which this was) and a 'private tow-away zone' (which this wasn't).

A private tow-away zone must have signs.

Here is the text of the statute:
"§ 4513.60 Sheriff or chief of police may order vehicle left on private property into storage; private tow-away zone.
(A)(1) The sheriff of a county or chief of police of a municipal corporation, township, or township police district, within the sheriff's or chief's respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The sheriff or chief of police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the sheriff or chief of police. When ordering a motor vehicle into storage pursuant to this division, a sheriff or chief of police, whenever possible, shall arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject to division (C) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (E) of this section.
(2) Divisions (A)(1) to (3) of this section do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with division (B) of this section.
(3) As used in divisions (A)(1) and (2) of this section, "private residential property" means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(B)(1) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
(a) The owner posts on the owner's property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:
(i) A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
(ii) The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;
(iii) A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars, and a storage charge, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer.
(b) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located."
Source: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/16f81/179f8/17b09?fn=document-frame.htm&f=templates&2.0