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Couple Fights Back After Car Illegally Towed

Towing In Denver Pay Lots Prohibited

POSTED: 9:24 pm MDT September 25, 2011
UPDATED: 11:28 pm MDT September 25, 2011

A Morrison couple's night out downtown ended with a towing nightmare, after they said they paid cash to park, and their car was towed anyway.

It's not often mother of four Gabrielle Moreno gets a night out with her husband.

"We were so excited to be going out," said Moreno. "We don't go downtown very often, so we were very careful about where we parked."

After they parked at a lot near 15th and Champa, they paid cash.

"He paid with his $6, and I had $1," she said.

Moreno said they had a great time, until they came back for their car, and it was gone.

"I was looking around for hidden cameras thinking I was on a hidden camera show," she said.

It was no practical joke, though, the parking lot had towed the Moreno's minivan, claiming they'd parked without paying.

It cost $284 to get their car back.

"I felt we tried to do everything by the book," said Moreno. "Our car was still towed and no one was willing to help us."

So, she called 7NEWS, and we found out that under city ordinance privately owned pay parking lots are not allowed to tow vehicles for non-payment.

"They never should have towed her," said Tom Downey, director of the Denver Department of Excise and Licenses, who said the problem may be more widespread, involving pay parking lots across downtown. "There may be confusion out there that they have the option to tow. They do not," he said.

Downey said the ordinance prohibiting towing for non-payment applies only to privately owned lots where drivers pay to park, not to privately owned lots where drivers can park for free.

The owner of the parking lot where Moreno's car was towed, Morris Ginsburg said he didn't know it was against city ordinances to tow and that he plans to stop.

He also said he would refund the money for Moreno's towing fees.

"Tell Gabrielle we'll be glad to reimburse her," said Ginsburg, when questioned by 7NEWS.

Moreno said she is glad she didn't give up and she hopes that her story helps change how Denver pay parking lots do business.

"They messed with the wrong housewife and mother," said Moreno.

Downey said the City of Denver is now looking into whether more needs to be done to make the ordinance banning towing for non-payment clear to pay parking lot owners, police and drivers.

They are also investigating whether the company that owns the lot where Moreno's car was towed is properly licensed and whether it should face sanctions.
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