Legal Question in Civil Litigation in Massachusetts

Wrongful Towing
The company I work for rents its office space. The landlord for our building issued ''Parking Permits'' There were no restrictions placed such as ''no overnight parking'' etc. I parked in the designated lot, in an unreserved space, and properly displayed my permit. I became ill, and my vehicle was left parked in the space, displaying the permit for a week. I didn't figure it would be an issue, because I had the permit, but the landlord towed the vehicle, and claims I should have called him (he never attempted to call me or my office, even though my phone number was prominently displayed on the vehicle, on a for-sale sign as I'm trying to sell it) Is the landlord liable for the tow charges or am I? I feel its a breach of contract in that he issued a permit resulting in a contractual ''permission to park'', and had a duty to inform me if he revoked that permission prior to towing my vehicle.

Asked on 2/25/08, 7:52 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Wrongful Towing

The for-sale sign is the important matter. In essence, the landlord assumed that you were abusing the privilege. You and your company (both of which knew the facts) did nothing to advise him otherwise. He had at least a colorable claim that you exceeded the license to park, and were making use of the lot for purposes beyond the license.

I think the landlord wins on this one, but you are welcome to try to get the money back through small claims. Unless there was damage to your car during towing, it might well not be worth it -- and might cause your company serious ill-will with the landlord.

Answered on 2/26/08, 5:45 am

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