WILMINGTON -- Private property generally means no parking for drivers. But a situation this weekend over a vacant lot in Wilmington had some drivers confused with costly consequences.
Several cars were towed from a private downtown property at the request of the owner, but several people who were towed said they had parked there many times before with permission and without a problem.
It all started on Saturday morning when several local drivers went to pick up their parked cars at North Fourth and Brunswick Streets. But the cars weren't there. Instead they had been towed, and they say without warning and without telling them where.
Now, the question is: were they allowed to park there?
The owner of this vacant lot on north fourth and Brunswick Street says on his lot no signs, no permission means no parking.
"I was actually there. I directed the tow truck to the cars and stayed at the lot for the whole day." That's why Robert Brunson had several cars towed from his property next to the Goat and Compass. Bar owners said months ago they got permission from Sadie Davis, a relative of Brunson's, for their patrons to park there.
There was never a problem until this past Saturday.
Shea McCombs is frustrated over the car towing. She said, "I woke up and came here and found my car had been towed. In a lot that we thought that we had permission to park in."
When it comes to parking lots, towing is not allowed unless there are clearly visible signs that say "no parking."
Even though people regularly park on the lot on Fourth Street, city police say they don't consider it to be an official parking lot, so the rules governing parking lots don't really apply here.
It's just a private lot, where owners would be justified in having people towed if they didn't want them parked here. They are in the process of having signs made that say no parking to prevent future confusion.
"They're already in the process because the tow company truck said the same thing. He said talk to the police that are out there and they said the same thing...they said although its common sense that that is private property and they're parking on your lot and you can tow them, its better if you get signs and put them up so they know that you can't park there and will be towed. So those signs are already in the process of being made."
The unresolved question here seems to be the permission the patrons thought they had to park in this lot.
Also, is it possible for people who get their cars towed to get their money back.
The city attorney has said he is willing to investigate the claim. We'll check back with him tomorrow.
My side of the story.
Since there are so many comments as to whether or not I have the right to be upset over my car being towed I thought I would take the time to tell my side of the story - unedited by news reporters. First of all, I'd like to say that from the way the story is being reported, I'm not sure I would agree with me if I were an unbiased viewer. The reporters involved have all been very nice and very thorough, however I do not feel they have clearly explained my argument. Second, I am not trying to make myself look like a victim. I did not call the news station, they called me. I am happy to tell my story though, and I hope it helps other people to realize that they can stand up for themselves if they feel they are being jerked around. Third, I did not attempt to break my car out of the tow lot without paying my fines. There was an accident involving the fence at Kirby's, but I was not in the vehicle, nor did I have any intention of breaking my car out. I had been on the phone with the police and the owner of the towing company all morning and had given them all of my information, so obviously it would not have beneficial for me to get my car back illegally. Those things being said I would like to clear up why exactly I am upset with the towing companies. Prior to the lot being for sale, there was a sign that indicated the lot would be used for a future funeral home. A call was made to the number on the sign and permission was granted to park on the lot occasionally, as it was not being used for anything else in the meantime. It was assumed that the permission was granted by the owner. As of this point, I am unaware of who the actual owner is and what the relationship is between those involved. The morning I woke up and found my car had been towed, to the best of my knowledge my car was parked in a safe spot. When I found my car missing I approached the police officers that had been posted at the intersection of 4th and Brunswick and they told me that there were cars towed out of the lot by a gentleman that said he had LEASED the lot from the owner for the Azalea festival to charge for parking. I could not verify who this person was because there was not anybody there at that point and nobody showed up for a few hours - after I found my car. I was then told by the police that because they did not have the vehicle towed I had to call over 20 different towing companies to figure out who had it. At this point I was still upset because I believed I had permission to park there, and when I indicated that to the towing company they told me it was not their job to check whether or not the person calling actually owns the lot where the vehicles are being towed from. I regularly help organize festivals and know that if a vehicle is going to be towed the person leasing the lot MUST have a signed contract by the owner indicating permission to have vehicles removed. After speaking with 2 police officers and a sergeant I was informed that even if the owner had called to have my car towed, without having signs posted the towing company was subject to fines for 'trespass towing.' Trespass towing, as quoted from the municipal code pasted below is, according to these officers, a scam by local towing companies that they get away with because nobody ever fights them on it. From what I have been told, the police are aware of the problem, however, cannot do anything about it without complaints from those affected. A residential property that has a home occupying it does not qualify as trespass towing if the owner would like a vehicle removed, only a vacant lot. The section and article I am referring to are as follows:
Sec. 5-121.2. Trespass towing of vehicles from private parking lots; signs required.
(a) No vehicle, of any size or weight, shall be towed from a private parking lot for designated parking violations unless a sign is conspicuously posted and clearly visible at all vehicle and pedestrian entrances to the property. The sign shall be no smaller than four (4) square feet in area. The sign must clearly provide the following information. (...) (2) The telephone number of the person from whom a towed-away vehicle can be recovered. (...) (b) The posting of a sign is not required by the property owner or lessee of a family residence to remove a vehicle from the driveway, lawn or what is commonly understood to be the yard.
The ordinance continues, but I included all pertinent information. I understand that the lot may not have been intended to be a private parking lot, however, I have lived in the building across the street for over a year and as long as I have lived there the lot was used as such. It was the assumption of myself, as well as many others, that this was the intended use and to this point there had been no indication to the contrary. Whether or not permission was directly granted, the owners must have been aware of this and had not made any attempt prior to this incident to inform the owners of the vehicles parked in the lot otherwise.
If you have read this far, thank you for allowing me to speak my mind on the matter. Also, I would like to apologize to the family that does own the lot, whomever that is, for all of their trouble over this matter. Had I known they did not wish for vehicles to park there, I would not have. I was under the impression they were allowing the land to be used for that purpose to alleviate some of the parking problems the residents do have. There is currently minimal street parking and the lot located on the backside is $40 per month, per vehicle to park. With all of my frustrations towards the towing companies for blatantly ignoring a law that they were aware of, and that would have protected my vehicle, I never meant for the family to endure such difficulties - especially Ms. Davis.