# Who is responsible for enforcing tow-aways on private property?



## ADAguy (Oct 31, 2017)

Can an owner be held responsible for failure to call for a toe-away if an accessible parking space is occupied by a car without a hang tag or a motorcycle parked in an access aisle?


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## Pcinspector1 (Oct 31, 2017)

Your gonna have to lawyer up on that one, I suspect each state is different.


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## cda (Oct 31, 2017)

Well reading some of the lawsuits,

Can see a lawsuit

Other than that normally hang a ticket on the vehicle, vehicle owner/operator is responsible


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## mark handler (Oct 31, 2017)

Who is responsible?
The person parking illegally. 
Who can order the tow?
Police or property owner can have the car towed


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## ICE (Oct 31, 2017)

mark handler said:


> Who is responsible?
> The person parking illegally.
> Who can order the tow?
> Police or property owner can have the car towed



Police will write a ticket....maybe.  Forget towing the vehicle.  Now if a property owner tows a vehicle from a public parking lot......well that's grand theft auto.


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## mark handler (Oct 31, 2017)

ICE said:


> Police will write a ticket....maybe.  Forget towing the vehicle.  Now if a property owner tows a vehicle from a public parking lot......well that's grand theft auto.


I have seen a cop order a tow truck, and an owner can tow if properly posted.


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## fatboy (Nov 1, 2017)

Correct.....our Code Enforcement office actually has posting stickers for folks to pick up.


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## cda (Nov 1, 2017)

A city or business has to have legal towing privileges.

We as an fd can write but not tow


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## tmurray (Nov 1, 2017)

ADAguy said:


> Can an owner be held responsible for failure to call for a toe-away if an accessible parking space is occupied by a car without a hang tag or a motorcycle parked in an access aisle?



It is conceivable that a business could be held jointly liable for damages in this situation. In Canada, we have generally used the Anns test for this.
1. The parties must have a sufficiently close relationship for the party acting negligently to have considered the impact on the damaged party.
2. The damages must have been reasonably foreseeable.

So, the individual would have to prove that the property owners or their agents/employees were aware, or should have reasonably been aware, that the vehicle was parked there without a placard. This would be almost impossible unless they admitted to noting that the vehicle was parked illegally. Then they would have to demonstrate what their damages were in order to be compensated. Not the violation of their human rights; the person who parked there was the one that violated those. Simply, what financial hardship was imposed by the property owner's decision not to take action.


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## ADAguy (Nov 1, 2017)

If I understand you all correctly, it is the owner's duty to provide accessible spaces and to post but not to maintain 24 hour survelience?
It is the owner's duty (if informed) to call for a tow of an illegally parked vehicle?


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## mark handler (Nov 1, 2017)

A property owner has the right to remove unauthorized or illegaly parked cars on their property.
*IF* the Property is properly posted.
Must they, *NO.
Duty? TO *Whom*?*


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## ADAguy (Nov 1, 2017)

Point in question is can a disabled individual sue a property owner if a non-disabled person over parks the lines of the access aisle, limiting a van users ability to exit a van,
or is the responsible party in fact the non-disabled person?


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## cda (Nov 1, 2017)

I thinking they can sue the owner
Would they win??


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## mark handler (Nov 1, 2017)

ADAguy said:


> Point in question is can a disabled individual sue a property owner if a non-disabled person over parks the lines of the access aisle, limiting a van users ability to exit a van, or is the responsible party in fact the non-disabled person?





cda said:


> I thinking they can sue the owner Would they win??


Legal Issues not a Building code issue.


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## fatboy (Nov 1, 2017)

ADAguy said:


> Point in question is can a disabled individual sue a property owner if a non-disabled person over parks the lines of the access aisle, limiting a van users ability to exit a van,
> or is the responsible party in fact the non-disabled person?



In this litigious society....anyone can be sued for anything.

I would hope it would be a hard sell to make a property owner responsible for someone else breaking the law.


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## ADAguy (Nov 1, 2017)

In CA, unfortunately, it is seen as the "land of opportunity". Anyone can and will sue over anything, especially involving access.


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## VillageInspector (Nov 2, 2017)

While I agree this is not a code issue it seems to me that the operator of the motor vehicle would be responsible for the parking of his/her vehicle.


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## ADAguy (Nov 2, 2017)

On the surface that would appear logical but not to the disabled van owner who believes otherwise and choses to sue everybody [low hanging fruit?] (smiling).


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## mark handler (Nov 2, 2017)

cda said:


> I thinking they can sue the owner
> Would they win??


Legal issue, Still not a building department issue


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