I got towed this morning from my own parking spot because my pass fell onto the floor from my rear view mirror. Does

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Customer: Hello! I got towed this morning from my own parking spot because my pass fell onto the floor from my rear view mirror. Does that count as illegal towing?
JA: What state was this in? And have you consulted a local attorney?
Customer: Philadelphia no I have not
JA: Was a citation issued? Was a court date set?
Customer: no it just happened I was going to go pick up my car I want to get out of paying $205
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just my landlord did send an email to make sure the pass is always on display, but it fell without me realizing
Answered by Jeremy, Esq. in 5 mins 7 months ago
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Jeremy, Esq.
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Jeremy, Esq.
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Jeremy, Esq., Expert

Hello,
My name is ***** ***** I am a practicing attorney, specializing in criminal law. I also have three years of experience as a civil attorney. I am a prosecutor who has handled cases from warrants to trial, ranging from shoplifting and drug cases to murders and sex offenses.

Just Answer is just a legal information site.

We do not provide representation and no attorney-client relationship is formed.

Response time: Although it’s usually 5-10 minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other people, or if we are writing late at night, I may need to stop and resume helping you the following day.

I am also a full time criminal litigator, so please take that into consideration.

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Jeremy, Esq., Expert

Did you contact your landlord?  This is on your residential property, right?  The parking spot, I mean.

Customer
I contacted my landlord
Customer
It is an apartment building
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Jeremy, Esq., Expert

This is complicated, so bear with me.

Customer
We are required to keep our pass visible because apparently a tow company surveys the lot. When I first moved in we called the tow company ourselves if someone was in our spot. It's annoying because it's my parking spot!!!
Customer
My pass fell onto the ground so I got towed
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Jeremy, Esq., Expert

It's private property.  Technically, the land owner (I say this because often, landlords work FOR the property owner) can have vehicles towed for any reason.  It's private property and they own it.  Police can't really do anything if the property owner had it towed.

Customer
But I want to know if that is illegal towing since I do have a pass and I do pay for parking
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Jeremy, Esq., Expert

So it's not illegal.  Tow Truck company is not at fault at all.  
Your issue is with your landlord.  They can argue that well, the tag wasn't displayed, so *shrug*, and that's a pretty solid argument (legally speaking).

Customer
Okay, it was the tow company that seems to have autonomy in who gets towed, my landlord didn't know my car was towed until I called her.
Customer
Got it.
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Jeremy, Esq., Expert

That is true, BUT, there was a contract in effect (there HAS to be as no tow truck company works for free) where they are allowed to come and tow any vehicle in a reserved spot without a tag.

Customer
If I get there and my tag is on the floor but you could see it if you tried from the window, does that still count as not being visible?
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Jeremy, Esq., Expert

I wouldn't let the landlord try to blur the issue or pass the blame.  Tow truck was working at direction of the management of the property.  Without that, the tow truck is trespassing even coming onto the property.

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Jeremy, Esq., Expert

It's likely in your lease, and you'll need to check.  If it says "visible" or "displayed from (certain place)" and then, that's a dispute you have with the landlord, as they are instructing the tow truck.

Customer
Okay, that makes sense.
Customer
Okay, yeah I believe the lease specifies we need to hang it from the rear view mirror. Darn it!!!!
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Jeremy, Esq., Expert

I would try to contact the landlord, but I want to be very clear, because I'm just honest and upfront, I wouldn't count on getting it back, but it's worth a shot.

Customer
Okay. Thank you for your help.
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Jeremy, Esq., Expert

I'm sorry to be the bearer of bad news.  Can I help with anything else?

Customer
No problem, that is all!
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Jeremy, Esq., Expert

Thank you for using justanswer, and have a good rest of your day.

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