closed: Resolved
#200628
Parking Permits:
Other: Incident Report – Improper Towing of Vehicle
Date of Tow: February 25, 2024
Location: 429 S Walnut St, Bloomington, IN
Incident Description
On February 25, 2024, my vehicle was towed from 429 S Walnut St, Bloomington, IN, without my consent. The towing company did not obtain my explicit authorization before removing my vehicle, making this a non-consensual tow in potential violation of Bloomington Municipal Code Chapter 4.32 (Non-Consensual Towing Businesses).
At the time of the tow, my vehicle was properly registered with the apartment complex’s parking system. My license plate was on file as having a valid parking permit, but I had not been issued a physical parking sticker by management, which was outside of my control. Despite my valid registration, my vehicle was still towed, suggesting improper enforcement of parking regulations.
Additionally, maintenance personnel were occupying my assigned parking spot the last time I drove. This forced me to park elsewhere in the lot, which may have contributed to the towing error.
Signage Review
The posted signage did include the following legal requirements:
A clear statement that unauthorized vehicles would be towed.
The name and contact information of the towing company.
Information on where towed vehicles could be retrieved.
A schedule of towing and storage fees.
However, the signage also stated that parking was reserved for residents of Kirkwood Management, which I was not at the time, even though my vehicle was registered with the complex and I had been assigned a parking spot.
Violation of Ordinances
Lack of Consent (BMC § 4.32.100(a))
The tow was conducted without my authorization. Bloomington Municipal Code 4.32.100(a) states that it is unlawful to tow a vehicle from a parking lot unless the parking lot owner or an authorized agent, present at the time of the tow, signs a written authorization for that specific vehicle. If this requirement was not met, the tow was unlawful.
Valid Parking Permit Not Honored
My vehicle was registered with the complex’s parking system, but I had not received a sticker from management. Since my plate was on file as having a valid permit, my vehicle should not have been subject to towing. This indicates an error in enforcement, either by the property management or the towing company, leading to an unjustified tow.
Claim & Request for Action
Given that my vehicle was towed despite being properly registered and that the signage at the location failed to recognize my valid permit, I formally request the following:
A full refund of all towing and storage fees incurred.
Confirmation that my valid parking permit is properly recognized moving forward to prevent future incidents.
- Assigned to
- Aleksandrina Pratt
2/19/2025 10:35:24 Closed by Aleksandrina Pratt
I called Lucas Wright and determined that there is no code violation under Title 4 of the BMC for this towing incident. Mr. Wright was charged the amount allowed under the code, $160, and the towing company did not need a written authorization from the apartment complex to tow his vehicle. It seems like this was a misunderstanding between the apartment management and Mr. Wright about obtaining the permit he needed to park there.
Sent notification to Aleksandrina Pratt
https://bloomington.in.gov/crm/tickets/view?ticket_id=200628
Closed by Aleksandrina Pratt
I called Lucas Wright and determined that there is no code violation under Title 4 of the BMC for this towing incident. Mr. Wright was charged the amount allowed under the code, $160, and the towing company did not need a written authorization from the apartment complex to tow his vehicle. It seems like this was a misunderstanding between the apartment management and Mr. Wright about obtaining the permit he needed to park there.
2/14/2025 15:07:40 Audrey Brittingham assigned this case to Aleksandrina Pratt
Sent notification to Aleksandrina Pratt
https://bloomington.in.gov/crm/tickets/view?ticket_id=200628
Audrey Brittingham assigned this case to Aleksandrina Pratt
You can use the link to follow progress on this case.
1/30/2025 09:00:50 Raye Ann Cox assigned this case to Audrey Brittingham
The City Parking Services does not tow from private property such as apartment complexes, and did not do this tow.
Sent notification to Audrey Brittingham
https://bloomington.in.gov/crm/tickets/view?ticket_id=200628
Raye Ann Cox assigned this case to Audrey Brittingham
You can use the link to follow progress on this case.
The City Parking Services does not tow from private property such as apartment complexes, and did not do this tow.
1/29/2025 21:18:43 Anonymous assigned this case to Raye Ann Cox
Sent notification to Raye Ann Cox
https://bloomington.in.gov/crm/tickets/view?ticket_id=200628
Anonymous assigned this case to Raye Ann Cox
You can use the link to follow progress on this case.
1/29/2025 21:18:43 Opened by Anonymous
