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Auto was towed from MY parking lot

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Y

YankeesWin

Guest
What is the name of your state? VA

my car was towed from my apartment about a week ago. it's a second vehicle and the inspection expired at the end of april. i'm working on selling the car, but hadn't yet.

in the 'policies and procedures' document i was given when i moved in, there was a section on parking, and all it says is that i have to maintain a valid decal to park in the space i was in. my decal was valid.

apparently on july 31 a sticker was placed on my vehicle, i did not notice it although i walk past it every day. i had started the vehicle a couple of days before it was towed and did not notice a sticker.

i called the office and they said it's in the lease that uninspected cars get towed. they let this go for 3 months though and it's not anywhere in the policies and procedures.

do i have any legal recourse to get the car back? the towing company wants $300 to give it back to me. i want to report the car stolen at this point. is there anything else i can do? the car is only worth $500-$1000 anyway, if i don't have recourse, can i tell them to keep it?

i also wonder about my possessions that are in the vehicle, can i get them, as well as the tags?

any advice would be greatly appreciated.
 


M

michael parks

Guest
The complex is RIGHT, you had an illegal car parked on their premisis, and can be towed.

A LEGAL car must have valid plates and insurance and inspection /emissions sticker on it at al times.

Pay the $300 get your car back and sell it FAST, and learn a lesson from this.
 
Y

YankeesWin

Guest
You would think they could have let me know they were going to tow it.

They've had the damn thing since August 3 I just found out, so I'm up to $390. I guess I'm going to get the car today. They told me that for $115 and the title I can tell them to keep the car, I just might do that instead.

Thanks for the advice, but I still think it's BS. Nowhere in their policies and procedures does it say they tow for not having a valid inspection sticker.
 
M

michael parks

Guest
Its pretty much standard operating procedure in all 50 states, and illegal car takes parking away from the legal ones....

A parking sticker means nothing..........

This is what matters:

If you were PAYING a monthly fee on the lease for that parking space and paid up to date, then it would have been illegal for them to tow it, you would have had legal rights and yes they would have to evict the car in court!
 
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HomeGuru

Senior Member
michael parks said:
Its pretty much standard operating procedure in all 50 states, and illegal car takes parking away from the legal ones....

A parking sticker means nothing..........

This is what matters:

If you were PAYING a monthly fee on the lease for that parking space and paid up to date, then it would have been illegal for them to tow it,

**A: not true if the vehicle was illegal ie. had no current registration and safety inspection check.
*********
you would have had legal rights and yes they would have to evict the car in court!

**A: happyroach, I have never been involved in a court of law over a car eviction. What does the plaintiff do; have the car served with an unlawful detainer action? And would this be in the supreme or unleaded court? And what if the car refuses to testify? Would you then have towed it in to court?
 
M

michael parks

Guest
you know what i meant, the owner would have legal right to the space and would have to be served notice, and have an opportunity to "cure" the violation, ......if not then it would be taken to court.....and a judge could order it towed.

UNLESS of course the tenant had agreed in the lease for the paid space that it could be subject to towing if not registered.

Lots of older People here have rent controlled or rent stabilized leases that include a parking space even though they are to old to drive. The key is.. its THEIR space, they pay for it, and if they want to have a family member or friend park there they can, they just cannot sublet the space for money, that would subject them to evcition of the space.
 
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Y

YankeesWin

Guest
A car is not illegal if it doesn't have a valid inspection, as long as it does have a valid registration. It's not illegal to own a car without it being inspected, it's just illegal to DRIVE it. The registration on the car was valid.

I still say I got screwed here. I just paid $115 and signed the title over to them. It was an old car that wasn't worth my time, and the $275 I saved was worth it, the car had 250,000 miles on it, all I could have got for it was $500 anyway. I'm still thinking about filing a complaint with the Department of Consumer Affairs and suing the apartment complex in small claims court for the $115 and the fair market value of the vehicle.
 
M

michael parks

Guest
Why Not? You still feel wronged and plus its only a few dollars to file the paperwork, here its a maximum of $35 or $10 filing fee under $500.

You do have a valid argument, and it would be worth you time to do this just or the experience to see how our system works..use a sick /vaction/personal day and have fun.
 

JETX

Senior Member
Okay, guys. Interesting posts all (except Parkies). But everyone seems to have overlooked something in the original post.

"i called the office and they said it's in the lease that uninspected cars get towed. " Key here is "LEASE".

So, my question to 'Yank'.....
You stress that the 'policies and procedures' only required a sticker, but what EXACTLY does the lease say about cars, towing, etc.????
 

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