QUESTION

Availability of recourse to small claim under MAGenLaws I/266/120D

Asked on Feb 11th, 2014 on Civil Litigation - Massachusetts
More details to this question:
I parked in a 5-space parking lot of a business across street from my residence during a snow emergency when no other options were available. The business has been abandoned for some 6 months and there was no signage posted in the lot. Vehicle remained in place for some 4-5 hours, along with other vehicles similarly situated. Landowner towed my vehicle 5 miles away, and subsequently (the next day) posted 'no parking' signage before I could take photos. Alternative towing services/lots exist within 1 block of the location of my vehicle. I am interested first in the viability of a small claim pursuant to MA General Laws ch. 266 sec. 120D, given the lack of signage and inconvenience of the tow location. I inquired with municipal police as to the propiety of the tow and whether their department would agree to testify that the lot was unposted at the time of tow. Police department referred me to MA General Laws ch. 266 sec. 121A, which appears to be irrelevant to questions of civil relief. (?) If 266/121A is indeed irrelevant to the towing of my car, and I procees to small claims, will the police then be able to issue me a fine?
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1 ANSWER

Bankruptcy Attorney serving Cambridge, MA at Law Office of Greg Krikorian LLC
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Recovering your tow/storage costs in small claims under sec. 120D will require proof of non compliance with the statute, evidence of which is inevitably with the police; and yes the police may cite you under MGL 266 sec. 121A if they choose to do so.
Answered on Feb 13th, 2014 at 7:50 PM

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