What to Do When Your Car Is Towed From a Shopping Center
Your car was towed because the shopping center owner or manager decided you violated their parking rules
Shopping centers are private property. The owner or their management company can have any car towed without warning if they believe it is parked illegally — in a handicapped space without a permit, in a fire lane, in a reserved spot, or simply in the lot longer than their posted time limit allows. The towing company that removes your car is hired by the property owner, not by the city, so this is not a government process you can appeal to a court.
Your first step is to find out where your car is. Call the shopping center's management office or the leasing office during business hours and ask which tow company removed it and where the car is being held. If you cannot reach anyone, look for a sign posted at the lot entrance — South Carolina law requires tow companies to post their name and phone number at the property where they operate. You can also search online for the shopping center's name plus "towing" to find the company's contact information.
Once you locate the tow yard, you will need to pay a towing fee to get your car back. The fee varies by company and by distance, but typically ranges from $150 to $300 or more. You may also owe a daily storage fee if your car sits in the yard for more than a few hours. Ask the tow company for the exact total before you go to retrieve the car.
Key Takeaways
- The shopping center owner hired the tow company, so you cannot dispute the tow with the city — you can only dispute it with the property owner or the tow company.
- You must pay the towing and storage fees to retrieve your car, even if you believe the tow was unfair.
- South Carolina law requires the tow company to post their name and phone number at the property, so you can find them without calling the shopping center.
- If the tow company cannot show they were hired by the property owner or that a valid parking violation occurred, you may have grounds to dispute the charges in small claims court.
How to challenge the tow if you believe it was illegal
South Carolina law limits when a private tow company can remove a car. The property owner must have hired the company, there must be a valid reason for the tow (such as a parking violation or an abandoned vehicle), and the tow company must post their contact information at the lot. If any of these conditions were not met, you may be able to recover the towing and storage fees.
Before paying, ask the tow company for written proof that they were authorized to tow your car. This should include the name of the property owner or manager who hired them and the specific parking violation they cite. If they cannot provide this, or if the violation does not match what actually happened (for example, you were parked legally but they claim you were in a fire lane), you have a stronger case to dispute the charge.
If the tow company refuses to provide proof or you believe the tow was wrongful, you can file a claim in small claims court in the county where the shopping center is located. You will need to bring the written proof you requested, photos of your car's parking spot if you have them, and any receipts or documentation showing you paid the towing fee. Small claims court handles disputes up to $7,500, and you do not need a lawyer to file.
Understanding South Carolina's towing rules for private property
Private property owners in South Carolina have broad power to have cars towed, but they must follow certain rules. The tow company must be hired by the property owner or their authorized agent — a random tow company cannot simply show up and remove cars. The property must have a sign posted that lists the tow company's name, phone number, and the parking rules that apply. If the sign is missing or illegible, the tow may not be lawful.
The property owner must also have a valid reason for the tow. Common reasons include parking in a handicapped space without a valid permit, parking in a fire lane, parking in a reserved spot (such as for employees or customers only), or leaving a car in the lot beyond the posted time limit. If you were parked legally and the tow company cannot point to a specific violation, you have grounds to dispute the charge.
South Carolina does not require the tow company to give you advance notice before towing, and they do not have to contact you before removing your car. However, they must tell you where the car is being held and what you owe to retrieve it within a reasonable time after the tow.
What to do if you cannot pay the towing fee right away
Tow yards typically charge daily storage fees — often $25 to $50 per day — so the longer your car sits, the more you owe. If you cannot pay immediately, call the tow yard and ask if they offer a payment plan or if they will hold the car for a set number of days before charging storage. Some companies will negotiate, especially if you explain your situation.
If you are in financial hardship, you may be able to borrow money from family or friends, take out a short-term loan, or ask a local nonprofit or community organization if they offer emergency assistance for towing fees. Some legal aid organizations in South Carolina also help people dispute wrongful tows, though they typically focus on cases where the tow was clearly illegal.
Do not ignore the tow yard's bills. If you leave your car there long enough, the tow company may file a lien against the vehicle or sell it to cover the towing and storage costs. Once that happens, you lose ownership of the car and your options become much more limited.
How to avoid being towed from a shopping center in the future
Read the parking signs when you arrive. Look for posted time limits, reserved spaces, and fire lanes. If the shopping center requires a parking permit or validation, ask a store employee how to get one. Many centers allow customers to park for a set number of hours — typically two to four — as long as they are shopping. If you plan to stay longer, ask the management office first.
Never park in a handicapped space unless you have a valid South Carolina handicapped parking permit displayed on your vehicle. Never park in a fire lane, even for a few minutes. Never park in a space marked "Reserved," "Employee Only," or with a specific business name unless you have permission. These are the most common reasons for tows at shopping centers.
If you see a sign that says "Unauthorized vehicles will be towed," take it seriously. That sign means the property owner has hired a tow company and is actively enforcing the parking rules. If you are unsure whether your parking is allowed, move your car to a clearly unmarked space or ask a store manager before you shop.
Small claims court: how to file and what to expect
If you decide to dispute the towing fee in court, you will file in the small claims division of the magistrate's court in the county where the shopping center is located. The filing fee is typically $50 to $100, depending on the amount you are claiming. You can file in person at the courthouse or by mail — call the magistrate's office to ask about their current process.
When you file, you will name the tow company as the defendant and state how much money you are seeking (the towing fee, storage fees, and any other costs). Bring all your evidence: the receipt from the tow yard, photos of the parking spot or the posted signs, any written communication with the tow company, and a written statement explaining why you believe the tow was wrongful.
The court will schedule a hearing, usually within 30 to 60 days. You and the tow company representative will each present your case to the magistrate, who will decide whether the tow was lawful. If you win, the judge will order the tow company to refund your fees. If you lose, you keep the judgment against you on record, though it does not affect your credit score.
Frequently Asked Questions
Can the tow company charge me storage fees if I pick up my car the same day?
Most tow companies charge a storage fee only if your car sits in the yard overnight or longer. However, the exact policy varies by company. Ask the tow yard what their storage fee schedule is before you agree to pay — some charge after a few hours, while others do not charge until the next day.
What if the shopping center did not post a sign with the tow company's name?
South Carolina law requires the property to post the tow company's name and phone number. If there was no sign, or if the sign was illegible or missing information, the tow may not have been lawful. Take photos of the lot to document the missing sign, and use this as evidence if you dispute the charge in small claims court.
Can I get my personal items out of the car before I pay the towing fee?
This depends on the tow yard's policy. Some will let you retrieve items from your car for free, while others charge a fee or do not allow it at all. Call the tow yard and ask before you go. If you need something urgently (medication, important documents, etc.), explain the situation — many yards will make an exception.
What happens if I never pick up my car from the tow yard?
After a set period — usually 30 to 60 days, depending on the tow company's contract with the property owner — the tow yard may file a lien on the vehicle or sell it to cover the towing and storage costs. Once that happens, you lose ownership and cannot recover the car. The tow yard may also pursue you for any remaining balance owed.
Can I sue the shopping center instead of the tow company?
You can sue the shopping center if you believe they wrongfully authorized the tow, but the tow company is usually the easier defendant because they are the one holding your car and collecting the fees. If you win against the tow company, you recover your money. If you want to sue the shopping center for damages beyond the towing fee, you may need a lawyer and would likely file in civil court rather than small claims.