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Is it a crime in Massachusetts for a tow truck to tow a legally parked car (with resident sticker) from a private apartment complex without the approval of the property manager? Is that considered a theft? What are my rights? The tow truck company was hired by the property manager with the money I’m paying for a condo fee to monitor the parking lot for illegally parked cars.
Here are some additional details:
1. It is a small complex and the tow company knows all the cars there.
2. My car had a resident permit and was legally parked (no handicap spot).
3. I recently bought a new car, which the tow truck driver has probably never seen before.
4. Given the time of the day this happened it is very unlikely that they got any authorization from the property manager (who handed me the parking permit himself a few days earlier).

My specific question is:
Is there any law in Massachusetts (like in California) that regulates what tow truck companies are allowed and not allowed to do.

8 Responses

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1. 

   wizjp

   he’s responding to a complaint by someone in authority. Your beef is with them not the tow service IMHO

   June 30, 2010 at 5:04 pm
2. 

   Artie B

   That isn’t legal ANYWHERE. Is there more to this story than you’re telling?

   June 30, 2010 at 5:54 pm
3. 

   schurz04

   It is theft if there was no authorization by the management. Most likely if the management didnt authorize the tow, a security company with a contract from the management or the tow company with a contract authorized the tow. Most likely, you only think your car was illegally parked. Most likely this will become a civil issue.

   June 30, 2010 at 6:19 pm
4. 

   rickinnocal

   No, it’s not a crime, it’s a breach of contract issue.

   Theft requires an intent to permanently deprive the owner of his property. Your recourse is civil, not criminal.

   You can sue the person responsible for the wrongful tow for your financial damages – cost of getting the car back, lost wages if you missed work because your car vanished, etc.

   Richard

   June 30, 2010 at 6:29 pm
5. 

   signman_03743

   Call the property manager, and ask if he asked to have your vehicle towed. If he denies it, then ask to see what agreement the tow truck has for towing-do they have to wait to be called, or do they ‘cruise’ the parking lot whenever they want to tow vehicles? Last year 20/20 or something like that did a report on towtruck operators that ran scams like this…monitoring parking lots and every once in awhile they’d tow a legal car figuring they’d be paid instead of reported.
   If the management says they didn’t tell them to tow you, and your car WAS legally parked with a sticker-then it’s time to file with the police!
   You weren’t in a handicapped spot or partially over the line into one were you? By all state laws (I believe) even having one tire on the line or over it-means a violaton of handicapped parking….just make sure before you raise a stink-and if you WERE completely legally parked, raise a BIG stink-find out if any of your neighbors have been towed also!

   June 30, 2010 at 6:32 pm
6. 

   Sleepy Dad

   I’m no expert but what I would do is:

   1) Find out from towing company why your car was towed and point out you have a resident sticker.

   2) If towing company says “somebody called me to tow your car”, ask who did. If we won’t tell you, take it up with the property manager.

   Worst case, you can take it to small claims to get the tow fee reimbursed and extra for loss time, etc.

   Hopefully it’s a misunderstanding and the property manager can reimburse you the tow fee (probably have better chance getting money from him than the towing company).

   June 30, 2010 at 7:11 pm
7. 

   manda

   This is really confusing — why was the legally parked car with a resident sticker towed? Did the property manager have them tow your car?
   I guess the question is why did they tow the car?
   I do not believe that it is considered theft.
   You should probably be entitled to the fee from the tow company back — but if there were no other damages then I am not too sure what you are looking for?
   If the manager had them tow it then your problem is with the manager and not the tow company.
   If they just towed it then I would inquire about getting the fees back (if you paid any)

   June 30, 2010 at 7:36 pm
8. 

   ddubya909

   was your car backed into a spot? many complex’s are now implementing a no back in policy so they can tow more cars.

   June 30, 2010 at 8:16 pm

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