HelloI work at a business complex that has several tenants in the building, a bank, a gym and so on The complex provides a large parking garage for anyone who wants to do business there and it has several handicap spaces The only non garage parking spaces, (outside and close to the building) is four reserved bank parking spaces and (one non bank) handicap spot On 4 of July the bank was closed and the bank spots were coned off (bright orange very tall cones) A woman drove up who wanted to go to the gym, got out of her car and moved one of the cones so that she could park there.She was informed the bank was closed and that spots had been coned off so no one could park thereAlso, I pointed out four very large clear signs that saying, “reserved for bank customers use only, all non bank vehicles will be towed”She said she could park here anyway, because of her handicap sign Is that true? Can someone with a handicap sign take over clearly marked reserved spots for another company that is closed and coned off?
Country relating to Question: United States
State (if USA): California
Thank you for the post, I am happy to assist you by answering your questions. No, that is not true. You could have towed her car. Because this is private property (I presume) and the owner of the parking facility gave specific direction as to the allocation of the parking spaces, a patron whom refuses to abide by those directions can be asked to remove the vehicle from the premises or the vehicle removed at the owner's expense. Please let me know if you need additional guidance.
Negotiate, Draft, and Review many complex commercial agreements each year.
Thank you for getting back to me
I have heard this before, that in california a handycap person can park in reserved space for another company....is that true?
I mean it seems clear when its closed and coned off she cant, but what if its open for bank use....can she then just drive up walk over to the gym in the same complex?
No, that is not true. A handicapped parking permit is to be used for parking in handicapped parking spaces, but is not a license to park wherever one wants to. The bank owner can tow her car, and she cannot argue that because she is handicapped the parking for her should be permitted. She clearly parked a distance from the gym which begs the question of whether she is abusing the handicapped placard privilege. Please let me know if you need additional guidance.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).