If you have legally parked your vehicle, expect it to be there when you return. Of course, mistakes can occur. You can take the wrong car even if it doesn’t break any rules. There are steps you can take to recover the fees you had to pay to get your car back if you have been involved in a wrongful towing case.
Evidence
The first thing to do when you go out and find that your car is gone is to gather evidence. You need to take photos of the area where you parked. You should also take pictures of any signage in the area. Make sure these images are clear and show what the signs say. The most common complaint is that “there was no signal”. This may be true, but you must show that there is nothing to indicate that you should not have parked there.
In addition to getting photos of the area, you should speak to anyone who has seen your car towed. Witnesses are a good thing and can help confirm that you did indeed park legally. Get their names and contact information. Also, take into account what time you parked the vehicle and what time you returned to your place.
Go get your car
You do not have to wait until the hearing to get your car back. The company that owns your vehicle is entitled to charge you a daily storage fee, and those costs can add up quickly. You should contact the company immediately after finding your lost vehicle. If there is a sign, there will be a number to call. If there is no signal, you should call your local police department. Most states require warehousing companies to inform officials within a couple of hours of receiving the car. Do not call 911.
When you go to pick up the car, be polite. Of course, you will most likely feel aggrieved and even a little angry, but taking it out on the clerk will not help your case. They are most likely videotaping you, which could haunt you again during your hearing. You will have to pay to receive your vehicle. However, you do not have to waive your responsibility for damages caused to your car. When signing their documentation, cross out any verbiage that relieves them of this responsibility. Make a note of who you spoke to during your visit.
Verify that you were the victim of improper towing
The law varies from state to state on what signs and notices should be posted. All states require some form of warning, but the exact nature can be confusing. You can find this information online. However, if you are still confused, do not hesitate to contact an attorney. They can see the evidence you have and help you determine if the car was illegally taken.
The law can be confusing, so don’t wait to do your research. The period for requesting a hearing is limited.
Request a hearing
In order for your case to be heard, you must request a towing hearing. In most states, this is brought before a justice of the peace. He or she will listen to all evidence and witnesses and determine if you parked illegally. If it rules in your favor, it will order the restitution of funds.
You only have 14 days to request an unfair towing hearing. Once requested, the hearing will be held within 21 days from the date of the request. It is faster and more profitable than suing for damages.