Legal Question in Civil Litigation in Missouri

I live in Missouri and had secured permission from my landlord to park a trailer next to my vehicle in a restricted community parking lot that serves over 30 units. My roommate had left and I did not take up any further parking spaces than usual. We are free to park in any open spaces in the lot as residents as long as they are not in front of a garage (both the vehicle and trailer were parked in non-garage free marked spaces in the lot). There is a sign on the entrance to the lot that says "Permit Parking Only" and gives only the name of the property owner and the towing company and their phone (no other information - no "towed at owners expense".

A neighbor (another tenant in another unit) directly called the towing company and claimed that I had taken up "their space" in the lot though I have parked my car in the same location (and my roommates adjacent to mine) for the better part of a year with no issues. The towing company towed the trailer at the behest of this neighbor. No notification of the towing was given to the police department within the two hours allotted under state statutes and the police department had no record at all of any involvement whatsoever with the towing. There are a couple questions that come to mind here - has the towing company followed all state statutes in this non-consent towing? Am I entitled to pursuing compensation for reimbursement of these towing expenses from the towing company, the neighbor requesting the tow, or perhaps the landlord office themselves?


Asked on 5/25/14, 3:16 pm

2 Answers from Attorneys

Anthony Smith LawSmith

It appears, based upon the information you provided, that you might seek to get your vehicle back, without paying tow charges, if your landlord will confirm that they gave you permission to park the trailer there. The tow company knew that your neighbor did not own the lot, and were running the risk of wrongfully removing the trailer without permission from the landlord. If you pay the tow and storage fees, you might have a case against your neighbor. Based upon the facts that you provided, it does not seem that you have a viable case against the landlord. If they approved the removal after giving you permission to park, that might change the analysis.

Good luck

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Answered on 5/27/14, 1:00 pm
Mel Franke Mel G. Franke, Attorney at Law

Sue them both for conversion

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Answered on 5/28/14, 9:09 am


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