“Parking Ticket & Unjustly Towed From Private Property”

A car that I was planning on scrapping was parked on private property, the car had a license plate on it. There were absolutely no signs displayed that said the car can not be parked there. I received a parking ticket from the city of Toronto for Parking on Private Property. And a letter saying my car had been towed by a company and the fine would be $135/ per day. Since I only go to my office once every 3 weeks, I only found out about this now. Basically my car has been in the tow yard for 3.5 weeks.

When I returned I noticed a sign was put up saying Unauthorized cars will be towed at owners expense municipal section 915.

I do not want the car back, it's worth nothing. The car is registered to my incorporated company and not me personally. My car has been in storage for about 3 weeks now and I'm sure the towing fine jacked to at least $3,000.00

My questions:

a) does the tow truck company / police have to send you registered notice?

b) what will happen if I don't pay the tow truck storage fee? Will it just keep running?

c) is there some type of grace period after a sign has been put up?

d) Unauthorized cars (seems vague) I work in the building and am technically authorized

e) if I take the parking ticket to court and win, would the towing company need to release my car?

f) any other advice you can offer?

g) how long does a towing company need to wait before they sell your car?

I am having a paralegal call them on Monday to see what their position is. I'm really nervous about this, any advice would be great.

samanthasherman wrote:b) what will happen if I don't pay the tow truck storage fee? Will it just keep running?

Anyone, whether a company or individual, has a responsibility to mitigate their damages. They can't let your car sit there for years and turn around and sue you for $1 million. They'll take action sooner or later.

samanthasherman wrote:c) is there some type of grace period after a sign has been put up?

It's private property. They don't need a sign warning anyone against dumping their unwanted vehicles. You don't need a sign to stop people from abandoning their cars in your driveway or your front lawn either.

samanthasherman wrote:d) Unauthorized cars (seems vague) I work in the building and am technically authorized

Then take it up with your employer.

samanthasherman wrote:e) if I take the parking ticket to court and win, would the towing company need to release my car?

No. They are two seperate issues. Having your ticket dropped doesn't erase your repsonsibilities the same way beating a traffic ticket doesnt absolve you from the insurance companies in the case of an accident.

The Ontario Repair and Storage Liens Act deals with towed vehicles. I believe towing companies have 60 days before they're required to serve notice.

Stanton wrote:The Ontario Repair and Storage Liens Act deals with towed vehicles. I believe towing companies have 60 days before they're required to serve notice.

RSLA = 30 days if received from somebody OTHER than it's lawful owner.