Possible Illegal Towing from a small business ABQ, NM

2,771 Views | 28 Replies | Last: 2 mo ago by HollywoodBQ
insulator_king
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OK Auto Board, help me out.
My car was towed tonight when it was parked in a spot without any signage indicating that it was private property and subject to being towed.

There were ~9 or 10 spaces, 8 of them had signs in front of each space, and I did not park there. The 8th spot, which had a sign, was occupied by a dumpster. Spots 9 & 10 were on the other side of the dumpster, but had no signage in front of them, and I parked in spot 10, the very end.

Looking online about towing, it is pretty clear that without signage, it is not a legal tow. Some websites recommend talking to the owner, but I'm not so sure I want to tip my hand on it if they refuse.

Anybody have experience they want to share.

Thanks.

PS 2008 Scion xB 5 Speed is my car.

This is where I parked.


This is other empty space, you can see the dumpster to the right.


This is the sign in the space to the right of the dumpster.


New Mexico Code:
(4) Trespass tows: No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle illegally parked on property other than a public roadway without having first obtained written authorization from the owner or lessee of the property, or the owner's or lessee's agent. Written authorization shall include the name and signature of the owner or lessee of the property or the name and signature of the property owner's or lessee's agent if different, the location of the private property, the amount of time the motor vehicle has been on the property, a description of the vehicle, the date and time the towing service removed the vehicle from the property, and a statement by the owner, lessee or agent that the vehicle is illegally parked.

(a) Before towing a motor vehicle that is illegally parked on private property, the towing service shall take a digital photograph or photographs of the motor vehicle showing its position on the private property.
(b) No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle illegally parked on commercial property or at an apartment unless the property contains visible signs notifying the public that illegally parked motor vehicles may be towed. The visible signs shall specify the exact time periods (starting and ending hours) when the vehicle is determined to be "illegally parked" on commercial property or at an apartment house. Before towing a motor vehicle that is illegally parked on private commercial property or at an apartment, the towing service shall take a digital photograph or photographs of the signage notifying the public that illegally parked motor vehicles may be towed.

I was not going to park in any space that had signage, and I didn't.
The concrete bumpers are painted red, but that is not a sign. The first 8 spots each had a sign, but these 2 did not. It's in a strip mall, and there is not any physical demarcation between property locations.




JSKolache
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Tow companies DGAF. They will charge you a day rate on top of the tow fee. The longer you fight, the more they win.
insulator_king
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Oh, I'm going to pick it up tomorrow and pay to keep the cost from going up, but then plan to file in small claims to recover.

$77 small claims court fee.
Yesterday
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I would ask for copies of their pictures first and then get your car out.

I don't know squat about NM tow laws. I'd find out if each space needs to be marked or if a single sign in the same parking lot is sufficient.

Ever since my A&M days I have learned to only park in parking lots I'm frequenting or paid to be in. Doesn't mean you're wrong, just not worth it to me anymore.
maroon barchetta
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Tow companies suck and are often in cahoots with the owner of the lot, who won't go to bat for you (see old Albertsons location across from Zachry and the legendary "A-1 Towed The Wrong Guy" thread on the GB or Aggieland board, I forget which.

They are unscrupulous vultures.

In the 90's a bunch of us got towed from a Sound Warehouse parking lot after hours where we parked for a KISS concert at Backstage on Bissonnet at 59 in Houston. There was no signage anywhere.

The tow lot had a little shack with bulletproof glass. We were all lined up waiting to pay. One young lady was screaming at the guys inside saying she was going to kill them and burn their bodies in that little shack. They were pounding on the counter and laughing at her and saying "we hear this every night!!!

They do not care.
txyaloo
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You need to read the city code too. They have their own tow rules.

IDK if this is why you got snagged and whether NM or ABQ considers that a "curb".


Quote:

No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:

(A) Next to a curb which is painted either yellow or red.
You also have this. You may need to dig to see if the intervals are defined somewhere

Quote:

-5-1-2 STOPPING, STANDING OR PARKING PROHIBITED BY SIGN.

No person shall stop, stand or park a vehicle either in a street, on public grounds or in a public parking lot, except when necessary to avoid conflict with other traffic or in compliance with law or at the direction of a police officer or traffic control device, where proper signs have been placed at intervals adequate to inform the motorist prohibiting the stopping, standing or parking of vehicles.
f2foxes2001
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Leave Albuquerque and profit.
94chem
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Tow truck dude gotta feed his deformed carnie children, too.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
CanyonAg77
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f2foxes2001 said:

Leave Albuquerque and profit.
Some of us have business there.

Frankly, I'm surprised it was towed, as opposed to stolen, vandalized, or a homeless guy moved in.
sts7049
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Quote:

2008 Scion xB
i think they did you a favor
insulator_king
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Oh I plan to.

in ~10 months I'll be retiring and moving back out to my 40+ acres in west central NM.

Right now I'm glad to be here to help my mom out, she's in her upper 80's.
insulator_king
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It was towed between 6 & 7 PM, not enough time for the homeless to trash it.

Anyway, as that hoser sts so kindly pointed out below, who would want to steal it.

Anyway, it was $347. they include EVERYTHING on the NM tariff sheet they can.


Yesterday
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insulator_king said:

It was towed between 6 & 7 PM, not enough time for the homeless to trash it.

Anyway, as that hoser sts so kindly pointed out below, who would want to steal it.

Anyway, it was $347. they include EVERYTHING on the NM tariff sheet they can.





$347? That's a steal! Pretty sure I laid $400 in college station in 2008.
Roger350
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If the parking lot was 98% posted, why on earth would you think the 2 spots on the other side of the dumpster would be legal? Those spots were there to give the trash service a nice wide place to set the dumpster back down, not for randos to park there legally out of the goodness of their hearts. Good luck, I hope you get your money back in small claims court, and that you'll also use what you learned here for next time.
agdaddy04
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If I saw red on the top of a parking space I probably wouldn't park there.
Picard
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Your small claims court case will go something like this:

Judge: So you agree you parked on private property?
You: Well, yes.
Judge: Case dismissed.

The Pilot
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Yesterday said:

insulator_king said:

It was towed between 6 & 7 PM, not enough time for the homeless to trash it.

Anyway, as that hoser sts so kindly pointed out below, who would want to steal it.

Anyway, it was $347. they include EVERYTHING on the NM tariff sheet they can.





$347? That's a steal! Pretty sure I laid $400 in college station in 2008.
$400 for a tow in 2008 in CS?

I was towed from the old Aberstons lot in 2006 or so and I think it was about $150.
Alte Schule
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I'd call Albuquerque attorney, Saul Goodman. He advertises free initial consultations.

Nevermind I see he's in prison now.
insulator_king
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Picard said:

Your small claims court case will go something like this:

Judge: So you agree you parked on private property?
You: Well, yes.
Judge: Case dismissed.


It's not marked private property, and is part of a larger strip mall which has common parking, which by the way is also private property. Many strip malls have spaces reserved for certain businesses with a sign for each parking space, while the other spaces are not marked with signage.

So no, I am not going to agree to that statement.

Thank you for your input, and it may end up turning out that way you say, and then again it may not. I'm willing to put forth the effort [and $77] and see if I prevail.
Yesterday
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The Pilot said:

Yesterday said:

insulator_king said:

It was towed between 6 & 7 PM, not enough time for the homeless to trash it.

Anyway, as that hoser sts so kindly pointed out below, who would want to steal it.

Anyway, it was $347. they include EVERYTHING on the NM tariff sheet they can.





$347? That's a steal! Pretty sure I laid $400 in college station in 2008.
$400 for a tow in 2008 in CS?

I was towed from the old Aberstons lot in 2006 or so and I think it was about $150.


Now that you mention it I think I had to pay some parking tickets before A&M would release it.
ac04
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insulator_king
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agdaddy04 said:

If I saw red on the top of a parking space I probably wouldn't park there.
Noted, and if the rest of the parking lot had not been full I would have parked elsewhere. I was looking for a parking space without any signs, because that is what the NM statutes require.

And no, I'm not going to park there again, lesson learned.
Still going to fight it though.
chap
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Picard said:

Your small claims court case will go something like this:

Judge: So you agree you parked on private property?
You: Well, yes.
Judge: Case dismissed.




This is a strange post. We all park on private property almost every day. Often many times a day. We have a reasonable expectation to not be towed. That is the reason for the laws that exist.
sts7049
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jokes aside, it does look as if the red indicates that zone as no parking. but, if it doesn't have signs in front of it maybe you have a small chance of success challenging it. especially if the tow company pictures don't show a sign in front of your space.
CanyonAg77
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SIde questions: What business were you going to?

Is Chicago Pizza any good? We see it's highly rated, but haven't tried it yet.

What business do those spots belong to? Looks like it might be the Pizza joint, but it also looks like they had their parking lot and drive through blocked off
Charismatic Megafauna
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Alte Schule said:

I'd call Albuquerque attorney, Saul Goodman. He advertises free initial consultations.

Nevermind I see he's in prison now.

$5 says he was actually in Saul's office when it happened!
Matsui
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Keep us posted. Good luck!
insulator_king
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OK, I admit, I was going to the free dance lessons at the Dirty Bourbon. Corner of Eubank and Montgomery. It was quite the downer to end the night.
HollywoodBQ
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insulator_king said:

PS 2008 Scion xB 5 Speed is my car.
Old Skool.

You're taking me back to the days before Los Angeles was overrun with homeless tents. Pre-GFC even.
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