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Martye
Martye, ex-student
Category: Legal
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Experience:  like to learn
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Towing Question

Customer Question

We pay for a parking space in our apartment complex each month and someone, maybe a childish prank, moved the boat into the middle of the structure. The boat was towed and we were not notified by our apartment complex that it was in the way or that it was even towed. The only notification we recieved was from the lien company 15 days after the boat was towed. We had to pay a large amount to get it out of the impound. I want to take them to small claims since I feel that we should have been notified in a timely manner that the boat was towed. Do you know if they are obligated to inform us that it was being towed and do we have a case against them?

Thank you for your help.
Mission Viejo, CA
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Were you were permitted to have the boat in the parking structure?


If the management company knew the boat belonged to you, then they should have contacted you to advise you that there was a problem before having it towed. Or, if there was a parking sticker on the boat, indicating that it was legal for it to be in the parking structure and with the authorized sticker, it would show that you owned it, therefore, they should have notified you....so yes....I would definitely say that they are obligated to inform you if this is the case - and/or according to the rules/regulations/terms of your lease. Thus, it would appear that you have a case.


Also, if you know of any other such instances in your building whereby other tenants have complained about goings on in the parking structure area, this can work against the management company as they are not supervising properly. You would have to ask other tenants and perhaps obtain affidavits from them as evidence should you take them to court.


If you have any further questions, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Expert:  Martye replied 11 years ago.


How did you NOT notice the boat missing for 15 days (or more)?

When DID you notice the boat missing and what steps did you take after that?

You said you paid for a parking space, was this for the boat or your
vehicle? If you paid for a parking space, typically, they(landlords)
want to know the plate number, so they know who owns the car and who
has permission to park where.

I agree with you that small claims court is the way to go to get your money back, but first, you must have a case to present.



 






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