Print the value of index0
Mile High Towing and Recovery Parking Lot Scam at 7th and Logan Denver, Colorado
On the evening of 1/26/11 I parked in a parking lot at 7th and Logan (dowtown) which requires payment by cash inserted into metal slot boxes. I found that I did not have the exact amount required ($5) so I walked to the nearest restaurant (Benny's) to get some cash. Upon returning 5 minutes later I founda tow truck and the parking lot manager already at my vehicle.
Ioffered to pay the required fee to the lot manager but she stated that the fee once a tow truck has been called was $70.00. I refused to pay this fee and told her I would just leave. She told me I couldn't leave and stood in front of my car door, blocking access to my vehicle. A physical confrontation ensued and the police were called. To make a long story short, my vehicle got towed anyway and I ended up having to drive out to the impound lot (at 4300 Elati) to pick up my vehicle (at 10:30 PM) - and the fee for that was $275!
So I have two questions for any legal people (or who simply know the law regarding these practices) out there reading this:
1. It seems to me that the parking lot manager and the tow truck operator were in business together since it was the lot manager, not the tow truck operator, who insisted that I pay the $70 drop fee so that my vehicle wouldn't be towed. In other words, it seems to me (I have no proof of this) that the lot manager may get a kickback from any fee which the tow truck operator receives for towing a vehicle from the lot. Does anyone know whether this type of arrangementexists and islegal under Colorado law?
2. I know that under California law a vehicle cannot be towed unless it has been unattended for at least an hour and also cannot be towed if the owner is present and denies permission for the towing. Do similar requirements exist in Colorado? Is there a minimum time limit by which a vehicle cannot be towed?
Thanks to anyone who can answer these questions.
1 Updates & Rebuttals
Axle59
United States of AmericaSounds like a legal tow
#2General Comment
Fri, February 18, 2011
The $70.00 that you were asked to pay is commonly referred to as a "drop fee". $70.00 is the maximum ammount that they can ask for to drop your vehicle if you ask for it back before it leaves the property. That information can be found at the PUC website pertaining to towing rules. http://www.dora.state.co.us/puc/rules/723-6TowingRules10-15-10.pdf . Specifically Rule 6511 (b). Additionally The property manager can call for a tow truck the second you walk away from the lot without paying the fee. This is according to Colorado Revised Statute (C.R.S.) 42-4-2102 (1.a) http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp= . The tow company has a right to get paid for their efforts and they in fact have a possessory lein on your vehicle the moment they are in position to tow it, hooked up or not. This is according to C.R.S. 42-4-2105 (1). Any other sort of agreement between the tow company and property owner/manager is a private matter and does not pertain to the towing of your vehicle.