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Parkinglot/Cars being towed?

Discussion in 'Commercial Snow Removal' started by Young Pup, Feb 18, 2007.

  1. Young Pup

    Young Pup PlowSite Fanatic
    Messages: 5,491

    How many of you have authorization to have cars towed from parking lots that are not allowed to be there? In other words, can you call the towing company and have the come out tow the cars? My last office lot had 10 cars on it from surrounding apartments. I called the number on the sign and they said only authorized people can have the cars towed. I will be trying to get on the list that is for sure on Monday.
     
  2. Scottscape

    Scottscape Senior Member
    Messages: 662

    I had a couple then sometimes the prop. managers will call asking why that wasn't plowed. I had a lot today that I plowed and went back to see how the salt was doing on the walkways, the guy next door looks like he dug his trailer out and threw all the snow onto my lot.
     
  3. ksgcapecod

    ksgcapecod Member
    Messages: 52

    Things may be different from state to state but here in Mass. I cannot imagine that a plow operator would have any authority to authorize vehicles being towed from a private parking lot. I know surrounding towns do have vehicles that are parked on the side of the roads that are impeding snow removal towed and usually the plow guys will call the police to advise them and then the police will authorize the tow companies to do what they have to do. Even in a private lot, at least here in Mass., the property owner would have to fill out a private tow form provided by the police, call the tow company, and then get the form back to the police department.
     
  4. Scottscape

    Scottscape Senior Member
    Messages: 662

    i have a couple of lots that have numerous signs that warn people that aren't customers then their vehicle will be towed.
     
  5. ksgcapecod

    ksgcapecod Member
    Messages: 52

    The signs i'm sure were put up by the business therefore making it the property manager or his designees responsibility to have the vehicles towed. I would simply explain this to him and you could even go as far as check with the local police so when you talk to him you can tell him what he needs to do.

    Unless signs are erected by the DPW, either state or town police have no enforcement powers. Take for instance the half a$$ stop signs you see in some of these plazas or malls. These are no good. Most of them are put up by the owners of the property and you could drive through them all day long. This again is here in Mass. but I bet it's pretty consistant from state to state.
     
  6. carl b

    carl b PlowSite.com Addict
    from Ohio
    Messages: 1,330

    i can have it done.. at the usps lot.. i asked them to post the sign,and they did.. the tow co's. name and # is on it..i've not had to call in two years.. one time will fix the problem at $70.00 +$10.00 per day... but the gov. dose what they wont !!!
     
  7. ThisIsMe

    ThisIsMe Senior Member
    from Mass
    Messages: 745

    Please show me what law you are quoting that has you filling out forms to get a car towed off your property.

    Who is saying that a plow operator cannot have the authority to call and have a car towed?
     
  8. ThisIsMe

    ThisIsMe Senior Member
    from Mass
    Messages: 745

    Are you learning law from the back of a ceral box or something. Seriously.
     
  9. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,556

    On private property that is posted an agent of the business ( the snow removal service) can have vehicles towed.
    The police will not call a tow truck for you.
    ( It has to do with private property VS public property)
    You need to call a tow truck your self.

    I do it every year.
    Some renters from a near by apartments will park in one of my lots.
    So, I have them towed.
    It's so much more rewarding than plowing them in.
     
    Last edited: Feb 18, 2007
  10. DodgeRam1985

    DodgeRam1985 Member
    from Ohio
    Messages: 82

    I've encountered this problem several times while plowing a local dr.'s office. The cars are the neighbors who just think they can park there after hours. I used to just go the house and wake them up, but that got old (me being nice, and them jacka$$'s about it), so I took matters into my own hands. After repeated complaints to the office about the cars, they assured me they would take care of it. When this failed, I just started pushing all the snow from the lot around the cars, so that they would have to spend several hours digging them out, and after a couple rounds of that, they no longer park in the lot, and occasionally they will come over if I'm doing a second run late in the morning and ask me to do their driveway (of course they get charged double for being a pain to me). Your best bet is to just keep complaining to management about the problem, and get them to do something about it.
     
  11. carl b

    carl b PlowSite.com Addict
    from Ohio
    Messages: 1,330




    i hope the dr's in, when they have a hart attack.. you may not wont to do that !!! (BIG LAW SUIT )
     
  12. MrBigStuff

    MrBigStuff Senior Member
    from Boston
    Messages: 140

    Mass laws


    Pretty clear about it: http://www.mass.gov/legis/laws/mgl/266-120d.htm

    I know firsthand about parking lot enforcement in WI. The cops stated clearly, we cannot assign blame for incidents on private property. It's up to you/your insurance to work through the assignment of liability with the other person's insurance company. YMMV.
     
  13. ksgcapecod

    ksgcapecod Member
    Messages: 52

    ThisIsMe

    I would not make a post not knowing what I am talking about. Like I said all states could have their own laws and certain towns/cities may have their own way of doing things.


    Chapter 266: Section 120D. Removal of motor vehicles from private ways or property; penalties; liability for removal and storage charges; release of vehicle


    Section 120D. No person shall remove a motor vehicle which is parked or standing on a private way or upon improved or enclosed property unless the operator of such vehicle has been forbidden so to park or stand, either directly or by posted notice, by the person who has lawful control of such way or property. No vehicle shall be removed from such way or property without the consent of the owner of such vehicle unless the person who has lawful control of such way or property shall have notified the chief of police or his designee in a city or town, or, in the city of Boston the police commissioner, or a person from time to time designated by said police commissioner, that such vehicle is to be removed. Such notification shall be made before any such vehicle shall be removed, and shall be in writing unless otherwise specified by such chief of police or police commissioner and shall include the address from which the vehicle is to be removed, the address to which the vehicle is to be removed, the registration number of the vehicle, the name of the person in lawful control of the way or property from which such vehicle is being removed, and the name of the person or company or other business entity removing the vehicle. Vehicles so removed shall be stored in a convenient location. Neither the city or town, nor its chief of police or police commissioner or his designee, shall be liable for any damages incurred during the removal or storage of any such vehicle removed under this section. Any person who, without notifying the chief of police or his designee, or the police commissioner or his designee, or without obtaining the consent of the owner, removes a vehicle from a private way or from improved or enclosed property as aforesaid, shall, in addition to any other penalty of law, be punished by a fine of not more than one hundred dollars. The employer of such person if any, shall also be punished by a fine of not more than one hundred dollars.

    Any person who purports to authorize the removal of a vehicle from a way or property as aforesaid without having fully complied with the provision of this section shall be punished by a fine of not more than one hundred dollars.

    In addition to any other penalty provided by law, the registered owner of a vehicle illegally parked or standing on a private way or upon improved or enclosed property shall be liable for charges for the removal and storage of such vehicle; provided, however, that the liability so imposed shall not exceed the following, and provided, further, that the vehicle has been removed after compliance with the provisions of this section:

    (1) the maximum amount for towing or transportation of motor vehicles established by the department of telecommunications and energy for motor vehicles towed away when such towing is ordered by the police or other public authority under the provisions of section six B of chapter one hundred and fifty-nine B; and

    (2) the maximum charge for storage of non-commercial passenger motor vehicles with a maximum capacity of nine persons, shall be not more than the maximum storage charge allowed under the provisions of said section six B of said chapter one hundred and fifty-nine B.

    A person lawfully holding a vehicle removed under the provisions of this section may hold such vehicle until the registered owner pays the removal and storage charges.

    Any person who is called to remove by towing a vehicle illegally parked or standing on a private way or upon improved or enclosed property may, at his discretion, if the owner appears to remove said vehicle before the towing is completed, charge said owner one half of the fee usually charged for such towing.

    Any person who removes a vehicle illegally parked or standing on a private way or upon improved or enclosed property, or holds such a vehicle after its removal, and who has not complied in full with the provisions of this section, shall release such vehicle to its owner without assessing any charges for its removal or storage.
    *****************

    As far as my cereal box: police officers do not have Chapter 90 powers on private ways unless the road, etc. is adopted by the city or town. If the town adopts the road then it is responsible for the maintaining of the road. This is an added expense to the town. We have at least one private road in town that I can think of where the police patrol but the town hasn't accepted. The police have no legal Chapter 90 powers. People on this road complain about speeding but the police have no legal right to write a ticket. If one is written someone could actually fight the ticket in court and win.
     
  14. ThisIsMe

    ThisIsMe Senior Member
    from Mass
    Messages: 745

     
  15. ksgcapecod

    ksgcapecod Member
    Messages: 52

    This Is Me

    If that is how you do things in your area that's great. It makes things a lot easier for the plow guys. I'm sure in larger cities and towns they have more important things to worry about and it's understood that the plow operators just do what needs to be done to get the job done.
    I know in our town if someone calls from their house and says there is an unknown car parked in my driveway the police advise them that it is a private tow, give them a form, (departmental), and tell them to call any tow company they wish to have it towed. I not debating weather anything is actually upheld because we all know how liberal Mass. is.
    I was just trying to give advise to a fellow poster. Obviously in regards to the kid on the bike common sense should prevail. I think everyone knows they would be in the glue if something like that happened. I was merely trying to make a comparison regarding privately erected signs.
     
  16. Young Pup

    Young Pup PlowSite Fanatic
    Messages: 5,491


    To get the authority I would need the building owner/property manger put me on the list to get the cars towed. Don't need to call the police if they are on private property. Sign is posted and can been seen by all.

    My question Was how many of you have the authority to do this?
     
  17. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,556

    What list?
    The tow truck co. knows nothing about any list nor do they care about any list.

    If the lot is posted, just call a tow truck and have them removed.
     
  18. snyps

    snyps Senior Member
    Messages: 101

    I have plowed them in before, and will do again. I have one now that I am waiting for a good a
    amount of snow to bury it. It wasn't my fault that the snow slid off my the end of my plow when you parked where you were not supposed to.
     
  19. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,556

    Are you hired to remove the snow or plow cars in?
    And after they dig out there car you will be called back to clean up the lot.
    who is going to pay for you playing around?

    Two wrongs do not make a right.
    Ether tow the car or plow the car OUT not in, do the best job you can.


    Yes, it is your fault the snow slid off the end of your plow.
     
  20. ThisIsMe

    ThisIsMe Senior Member
    from Mass
    Messages: 745

    If your town has such a form, I am pretty sure it is one of the very very very limited few.

    For the stop sign in a mall parking lot. Ever think that someone has run such, caused an accident, gone to court over the accident. Judge declared that he should of stopped at the stop sign in the parking lot? Guess what. It is law now.