What is Private Property Towing?
Understanding Private Property Towing: A Comprehensive Guide
When it comes to managing parking on private property, whether it's a business parking lot, an apartment complex, or your own driveway, unauthorized vehicles can pose significant challenges. Private property towing emerges as a pivotal solution for property owners to maintain control over their spaces. Here's how the process works, the legal considerations involved, and what you need to know as either a property owner or a vehicle owner.
What is Private Property Towing?
Private property towing refers to the act of removing vehicles from private land without the owner's consent, typically because the vehicle was parked without permission or in violation of posted signs. This service is commonly used by:
Business Owners: To ensure parking availability for customers or employees.
Residential Property Managers: To enforce parking rules within apartment complexes or condominiums.
Homeowners: To protect their personal parking spaces from unauthorized use.
Legal Framework
The legality of private property towing varies by state but generally includes:
Signage: Properties must have clear, visible signs indicating that unauthorized vehicles will be towed. These signs should include the towing company's contact information, the fee for towing, and sometimes the specific law or ordinance allowing the tow. For example, in California, signs must be at least 17” by 22” with lettering at least one inch in height.
Authorization: Only the property owner or their authorized agent can initiate a tow. This usually involves calling a towing service with whom they have an agreement.
Notification: After towing, certain states require the towing company to notify the vehicle's owner or the police department within a specific timeframe.
The Process
Observation and Decision:
The property owner or manager notices an unauthorized or illegally parked vehicle. They check if the parking rules are clearly communicated through signs.
Calling the Tow Company:
Once decided, they contact a towing service with whom they have a contract. This company should be licensed to perform private property towing.
Authorization:
The towing company requires authorization. This might be a verbal agreement over the phone, but written authorization is often preferred, especially in states like California, where specific details like the vehicle's make, model, and license plate must be documented.
Vehicle Removal:
The tow truck arrives, and if the vehicle is still there, it gets hooked up and removed to a designated storage yard. If the vehicle owner returns during this process, in some states like Texas, they can stop the tow if it hasn't been fully hooked up without incurring charges.
Post-Tow Procedures:
Post-tow, the vehicle owner must contact the towing company or check signs for where their vehicle has been taken. They'll need to pay the towing and storage fees to retrieve their vehicle. Owners have rights regarding access to their vehicle for retrieving personal items or documents.
Rights and Responsibilities
Vehicle Owners: Know your rights. In some areas, if you return before the tow truck leaves, you might avoid the full tow fee. Always check local laws for specifics.
Property Owners: Be aware of your responsibilities. Improperly towing a vehicle can lead to civil and criminal liability. Ensure all signage and procedures comply with local ordinances.
Controversies and Considerations
Predatory Towing: There are instances where towing might be seen as predatory, especially if signs are not clear or if towing companies operate without proper authorization. This has led to stricter regulations in various jurisdictions.
Liability: Towing companies and property owners can be held liable for damages during the tow or if the vehicle was removed without proper cause.
Conclusion
Private property towing is a critical management tool for controlling parking issues but comes with a set of responsibilities and legal requirements. For property owners, it's about maintaining order and ensuring space availability. For vehicle owners, understanding these laws can prevent or mitigate the inconvenience of an unexpected tow. Always ensure your actions, whether as a property manager or a vehicle owner, align with local laws to avoid unnecessary disputes or legal actions.
