• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Towing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mocha4

Guest
What is the name of your state? Utah

Last night I was visiting my sister at the apartment complex she lives in. It was dark and rainy when I pulled into the parking place in front of her building. After visiting for a couple of hours I left. As I exited her building, I saw my vehicle on the back of a tow truck leaving the property.

Not knowing why I was towed, I called the emergency line which gave me the number of the towing company. When I contacted them, they said I was parked in a handicapped parking spot, and they had been authorized by the management to tow at will. After paying $170 at 2:00 am, I got my car back.

I have never willfully parked in handicapped parking spots. The sign painted on the ground is old and faded. Given that I drive an SUV that sits high up, that there was a truck parked to the side in which I entered which blocked my view of that part of the ground, and that it was raining and dark, I could not see the painting.

I looked up Utah code for handicapped parking. Code 41-1a-414 states:
(1) As used in this section, "accessible parking space" means a parking space that is clearly identified as reserved for use by a person with a disability and includes:
(a) verticle signage, including the international symbol of accessibility, that is visible from a passing vehicle.

This space was not CLEARLY IDENTIFIED, nor was there any VERTICAL SIGNAGE. Had there been, I would not have parked there.

Can anyone help me with options? Is small claims court an option? If so, do I have a chance of getting my money back? And, if so, who would I file suit against: the apartment management or the towing company?
 


JETX

Senior Member
Q1) "Can anyone help me with options?"
A1) Yes

Q2) "Is small claims court an option?"
A2) Yes

Q3) "If so, do I have a chance of getting my money back?"
A3) Yes. So take pictures (or better, video) of the markings (or lack of) to support your claim that the handicap spot did not comply with the requirements of the statute. Do this NOW, before they repaint it.

Q4) "And, if so, who would I file suit against: the apartment management or the towing company?"
A4) Sue both. The management company for not maintaining clear markings and the tow company for towing when the markings were not clear.
 
K

KeyLegal

Guest
You cited the appropriate state law regarding the marking of handicapped parking spaces in public sites, but you were apparently parked on private property. I cannot say if the state law would apply there or not. Research that question before rushing off to court, it could save you the filing fee. I do not have an answer because there is a question of whether the location could be considered "public" because of the use or not. Bottom line, it is not a "cut and dried" case.
 

JETX

Senior Member
Again, 'keylegal' has given an erroneous answer. He said, "but you were apparently parked on private property. I cannot say if the state law would apply there or not."

The state law is CLEAR on this. Under Utah Code, 41-1a-414(4) says, "This section applies to and may be enforced on public property and on private property that is used or intended for use by the public."

Here is the FULL text citation:
"41-1a-414. Parking privileges for persons with disabilities.
(1) As used in this section, "accessible parking space" means a parking space that is clearly identified as reserved for use by a person with a disability and includes:
(a) vertical signage, including the international symbol of accessibility, that is visible from a passing vehicle; and
(b) a clearly marked access aisle, if provided, that is adjacent to and considered part of the parking space.
(2) Except in parking areas designated for emergency use, a person with a disability, qualifying under rules made in accordance with Section 41-1a-408, may park an appropriately marked vehicle for reasonable periods without charge in metered parking zones and restricted parking areas, in a manner that allows proper access to the vehicle by the person with a disability.
(3) Only those vehicles carrying a person with a disability special group license plate, temporary removable windshield placard, or removable windshield placard and transporting a qualifying person with a disability may park in an accessible parking space.
(4) This section applies to and may be enforced on public property and on private property that is used or intended for use by the public.
(5) The parking privileges granted by this section also apply to vehicles displaying a person with a disability special group license plate, temporary removable windshield placard, or removable windshield placard issued by another jurisdiction if displayed on a vehicle being used by a person with a disability."
Source: http://www.le.state.ut.us/~code/TITLE41/htm/41_01068.htm

So, as you can see from the above, there is no question that the handicap parking law applies to the apartment, but there is a very good question as to whether the 'required signage' was there. As noted in my post, take pictures (video) showing that the location was NOT marked as required by Code and therefore, did NOT meet the parking restriction.... and therefore, they had no right to tow your vehicle.
 
K

KeyLegal

Guest
Halket, do you have a reading problem? You obviously have a problem of some kind. I wrote: "I cannot say if the state law would apply there or not". Why don't you read ALL someone writes before you start criticizing them?

By the way, I have read your webpage, and there is a major error on it, but I won't point it out to you. I'll let someone else nail you for it, then laugh!
 

JETX

Senior Member
Keyillegal, you continue to surprise us with how low your intelligence is....

You claim, ""I cannot say if the state law would apply there or not".

So, why the hell did you even post anything??? Are you so envious of the senior members on this forum that you are trying to 'pad' your post numbers??
Do you think that by posting your inane drivel here with your home address that this is really helping your cause (whatever that is)?? Do you really think about whether your posts have ANY merit (that is rhetorical, we already know the answer!).

Go back and read your correspondence investigator course.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top