Legal Question in Civil Litigation in Virginia

Car ilegally towed

My car was towed last night while I was visiting my daughter. Parking is at a premium where she owns her townhouse, and I always park directly behind she and her husbands car. They are in vertical parking spots and I park horizontly behind them. I have been doing this for over a year. Last night i thought my car was stolen and called the police, they came out and did a check and we found that the car was towed. I called the tow company and was told that the car was parked illegally, and I would have to drive 25 minutes and pay $90 to get the car. I explained that according to the police the car was legally parked and should not have been towed. The guy at the towing company was very, very rude and said tough s***, if I wanted the car, pay the $90. My question: how is this legal and what recourse do I have to recover the cost of my time, any damage to my car and the $90? A sign is posted across from where i parked that said, cars parked on that side of the street (parking area) would be towed. I was parked directly behind both my daughters and husbands car, with their permission of course.


Asked on 2/09/04, 7:45 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Car ilegally towed

First, there's a question in my mind (based on your zipcode) whether the Warrenton Police were involved, or the Fauquier County Sheriff's office - it makes a difference whether you were within town limits or not. In any case, if the towing was done at the behest of law enforcement officers, the towing company is not liable.

If the vehicle was "trespassing", which can be determined only by reference to the condominium association's charter, bylaws, and resolutions, then the towing company is liable only if there was no sign posted at each entrance to the private parking area stating that trespassing vehicles will be subject to towing, among other statutorily required stuff.

If there was no sign, or no actual, formal authorization from the association (irrespective of what the towing company may have been told or by whom) then your car was stolen. The police should be asked to prosecute the theft, and you should file suit for conversion of your property (among other things).

I may be able to help you, as I'm located nearby. Feel free to send me email so we can discuss the facts more extensively.

Read more
Answered on 2/09/04, 9:56 am


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia