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| Civil Litigation All matters concerning litigation, motions, subpoenas, testimony, appeals, general practice, etc. |
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#1 |
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Restitution for towing expenses
My husband recently rented a van from a car rental agency to take his baseball team to a weekend tournament. He parked his vehicle in the lot in the only space available next to a flat bed trailer that had been parked horizontally taking up 5 spaces. When he returned on Sunday evening, his vehicle was not there and there was a sign hanging on the side of the trailer that said "No Parking, Violaters will be towed at owner's expense." This sign was big, bright, and brand new with new tape holding it in place and was not there on Friday when he parked there. The car rental place apparently shares the parking lot with an adjoining business and my husband was parked on the line separating the two...although there is no way to discern where one starts and the other stops. As he was walking around trying to figure out what to do, the owner of the other business came out and said he had it towed. He claimed he went in to the rental agency and they didn't know who the car belonged to, so he had it towed. My husband's car was not blocking the trailer but was parked parallel to the trailer, and he had made sure there was plenty of room to get to the hitch if need be. The man pointed at a sign on a nearby tree that looked much older and could have possibly been there on Friday; however, the sign was not not facing the parking spaces, but nailed on the side of tree facing his business so my husband couldn't see it. When we went to pick up his vehicle on Monday, we had to pay $245 to get it back. Can he arbitrarily tow someones vehicle from a lot he shares with another business without clearly posting it or without painting lines on the parking lot that shows where his portion of the lot begins? Can we seek restitution for this $245?
Thanks for your advice. |
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#2 |
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No--Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...
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#3 |
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We sent a letter "threatening" legal action and requesting compensation for the towing expenses. The business owner promptly looked up our phone number, called my husband, gave my husband the name of his attorney and said to go ahead and sue him. That was it. Apparently, he's been down this road before. My questions is... will legal costs and time factored with the probability of our winning/losing make it worth while to pursue this? I really hate to see this bully get away with his actions, but we can not afford to sue him and lose. I'm sure he knows this as well.
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#4 |
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I you use small claims court you will not any significant cost. And it would seem you have a good chance of winning.
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