DON’T PAY
TOW FEES!

IF YOU HAD A VEHICLE TOWED IN A PRIVATE AREA
DON’T PAY WITH
CASH OR ANYTHING

 

TELL THEM TO BILL YOU!

IF THEY REFUSE: TELL THEM YOU WILL BE CONTACTING THE POLICE FOR

GRAND THEFT AUTO

IT IS ILLEGAL FOR A TOW COMPANY IN THE STATE OF ARIZONA TO HOLD A VEHICLE HOSTAGE FOR PAYMENT .

If you have been Towed in a private parking area that isn’t owned by the city then you don’t have to pay in cash or any other payment to receive the vehicle that was towed.

In Arizona, it is legal to park on private property unless the area is posted with “no parking” signs that are clearly visible from any point within the area and at all entrances. This sign should also warn violators that their vehicles will be towed pursuant to Arizona abandoned vehicle statutes

Towing Signs

In Arizona, it is legal to park on private property unless the area is posted with “no parking” signs that are clearly visible from any point within the area and at all entrances. This sign should also warn violators that their vehicles will be towed pursuant to Arizona abandoned vehicle statutes. This sign should also tell drivers who to contact in order to retrieve their vehicle. If the sign doesn’t indicate the code violation, isn’t visible, and the police number to call to know if the car was stolen or towed. Signs need to have all the information to be valid.

 Permission to Tow

If you do not have signs warning against illegal parking, you will need to contact law enforcement for permission to have the vehicle removed from your property. An officer will grant permission to have the vehicle towed away if he or she has reasonable grounds to believe that a vehicle illegally parked on private property is stolen, abandoned, or otherwise unclaimed.
This can only be determined by law enforcement just remember.

Notification of Law Enforcement

If you have proper signage and are able to legally have a vehicle removed from your property, you must notify law enforcement by telephone where the vehicle was discovered within 48 hours of having the vehicle towed. You will need to submit the towed vehicle’s VIN number to the department, so be sure to write down this information before the tow truck arrives. This is the same for Tow companies that tow a vehicle and must report it.

KNOW YOUR RIGHTS

So, your car has been impounded. Now what?
Can the tow company legally hold your car until payment is made for towing and storage?
Can the tow company hold your car hostage for payment?
The answer is YES and NO. There are different types of impounds: Law enforcement ordered, repossession or bank ordered, university ordered, and private party ordered. Repos I will leave that one alone. Suffice it to say, if your car is repoed you need to contact the lienholder.

Private party tows

Are ordered by businesses like apartment complexes, office buildings, stores, or any place where a business is concerned with who is parking in their lot. If your car has been impounded because you parked in one of these lots without proper authorization you will need to find out who the towing company is and contact them for release requirements. By law, a towing company has to post signs in the lot that they are towing away from (ARS 9-499.05). So obtaining information on who towed your car should be quite simple. Chances are there is a sign close to where your car was parked. In the case of private party impounds, the towing company cannot hold your car hostage for payment. If you can prove ownership of the impounded vehicle you simply need to go pick it up. You do not have to pay for towing and storage at that time. The only recourse the towing company has is to bill you. If you do not pay, your bill will be sent to a collection agency or you may be taken to court. This rule was established in 1984 by the court case Capson vs Superior Court of Arizona.

So, can a towing company hold your vehicle for payment?

NO!!!

A.R.S. §9-499.05

Authority to set rates for private towing carrier; notice of parking violations; violation; classification; definition

A. The governing body of an incorporated city or town may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within its boundaries. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the city or town for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located within the boundaries of the city or town.

 

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:

 

1. Restrictions on parking.

 

2. Disposition of vehicles found in violation of the parking restrictions.

 

3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.

 

4. Telephone number and address where the violator can locate the violator’s vehicle.

 

C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property that has complied with the requirements of subsection B. The owner or the owner’s agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner.

 

D. A person who violates subsection C is guilty of a class 2 misdemeanor.

 

E. This section shall apply only to services performed while a person is actually engaged in the activities of a private towing carrier.

 

F. The provisions of this section do not apply to abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.

 

G. For the purposes of this section, “private towing carrier” means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose.