1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Towing

Discussion in 'Small Claims & Municipal Court' started by RICHB232002, Sep 20, 2018.

  1. RICHB232002

    RICHB232002 Law Topic Starter New Member

    Messages:
    23
    Likes Received:
    0
    Trophy Points:
    1
    Hi I hope someone can help me. I am handicapped and I park my car in the handicap Zone. And it's all legal. I have a apartment manager that when he gets angry he sometimes threatened to tow my car because he was no car at front of the building even though the handicap parking zone is there. My questions are the following:
    1. If they tow my car even though it's legal to park there do I have to pay for the tow or do I have to sue the manager so he can pay or reimburse me for paying for that tow?
    2. Well I tow company tow the car even though is legally parked there and note or just because the manager say so?
    3. Could I try to see if a department of any government could help me so the general will stop threatening or doing what he's trying to?
    4. what should I do to prepare for this to ever does happen and can he do this?
    5. Do I have any legal resource?
    Please let me know and thank you.

    Sent from my SM-G930T using Tapatalk
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,032
    Likes Received:
    1,826
    Trophy Points:
    113

    1. IF the car is tied you would be expected to pay. If you believe it was tired unlawfully you would have to sell reimbursement in small claims. The person who authorized the tow could face some steep penalties. A good tow driver would probably hesitate to tow the vehicle if there wasn't a clear violation.
    The management simply needs to move the parking spaces if this is a problem.

    2. MAYBE. The tow company provides a service. They would require the property owner to sign a statement accepting liability before towing. If the car is towed you would be sure to get this information and use it to be compensated.
    A good tow driver might sense the possibility of pending trouble over payment if the violation isn't clear and could refuse to tow.

    3. You might ask for local law enforcement to drop by and inspect the vehicle and the parking space and tell you whether it is legally parked.

    4. Save a few hundred dollars to get your car back if necessary. If you can't pay then you won't get it, and it gets more expensive every day it is in storage.

    5. I'm not sure what legal resource you mean... But the small claims court is available to you if the problem ever presents itself.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,717
    Likes Received:
    1,970
    Trophy Points:
    113

    MM?

    o_O
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,690
    Likes Received:
    865
    Trophy Points:
    113

    You might have to pay to get your car out of the impound lot and then sue for reimbursement.

    Huh? You really need to proofread before hitting "post."

    Umm....sure, but who is "the general"?

    Again, huh?

    Nothing's happened yet, so no, you don't have legal recourse for something that hasn't happened and may not ever happen. As mentioned above, if your landlord wrongfully has your car towed, you can sue for any resulting damages.

    That said, do you really want to continue living in a place such as this?

    Speaking of proofreading.... ;-)
     
  5. RICHB232002

    RICHB232002 Law Topic Starter New Member

    Messages:
    23
    Likes Received:
    0
    Trophy Points:
    1
    Thank you

    Sent from my SM-G930T using Tapatalk
     
  6. army judge

    army judge Super Moderator

    Messages:
    32,011
    Likes Received:
    4,765
    Trophy Points:
    113

    If a person living in Virginia with a disability asks a housing provider to create or designate a parking space for their use, generally the law is going to require the housing provider to create or designate the space if three conditions are met: (1) the resident must ask for a designated space; (2) creating or designating the parking space would allow the disabled resident to live in and fully enjoy the premises; and (3) creating or designating the parking space would not create an undue financial or administrative burden for the housing provider.

    In processing a parking space request from someone with a disability, the housing provider is entitled to ask for medical evidence that proves the resident has a disability.

    This does not give a housing provider the right to ask about the nature of the resident's disability, but it does give them the right to ask for proof of the disability.

    Acceptable proof would be a copy of the handicapped vehicle identification plates or tags, or a letter from the resident's doctor, chiropractor, or social worker indicating the person is disabled.

    Once the resident provides proof, the housing provider has a duty to provide the parking space.

    If more than one disabled resident asks for a parking space the housing provider HAS a LEGAL duty to accommodate each request.


    The Anatomy of a Mythical Accommodation: unHappy Acres

    Happy Acres is a 100-unit apartment complex with 150 parking spaces, which are available to tenants and guests of Happy Acres on a "first come, first served" basis.

    Jemima applies for housing in Happy Acres.

    Jemima, is mobility impaired, thus unable to walk more than a 100 feet, requests that a parking space near her unit be reserved for her so that she will not have to walk very far to get to her home.

    It is a violation of the law for the owner or manager of Happy Acres to refuse to make this accommodation.

    Without a reserved space, Jemima might be unable to live in Happy Acres.

    When she has to park in a space far from her unit, she could have great difficulty getting from her car to her home.

    The accommodation is necessary to afford Jemima an equal opportunity to use and enjoy the dwelling.

    The accommodation is BOTH feasible and practical under the given circumstances.


    =============================================================


    Is the parking spot located on PRIVATE property?

    What does your lease say about parking spaces?

    What does your lease say about parking in general?

    Do you pay for an assigned parking space?

    Additional reading material:

    https://www.myparkingsign.com/blog/fha-ada-apartment-building-disabled-parking-rights/
     
  7. RICHB232002

    RICHB232002 Law Topic Starter New Member

    Messages:
    23
    Likes Received:
    0
    Trophy Points:
    1
    Thank you Amy that helped so much I knew I have a right to park there

    Sent from my SM-G930T using Tapatalk
     
  8. army judge

    army judge Super Moderator

    Messages:
    32,011
    Likes Received:
    4,765
    Trophy Points:
    113

    No worries, good luck in your fight for your right to have a dedicated handicap spot.
    Let us know how this develops, especially how it ends.
     
  9. mightymoose

    mightymoose Moderator

    Messages:
    11,032
    Likes Received:
    1,826
    Trophy Points:
    113

    Towed.... My phone likes to pick words for me sometimes. I don't always catch it.
     
  10. mightymoose

    mightymoose Moderator

    Messages:
    11,032
    Likes Received:
    1,826
    Trophy Points:
    113

    Aint nobody got time for that!
     

Share This Page