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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 29078
Experience:  16 yrs. of trial experience
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I had my car parked in my buildings lot with a parking pass.

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I had my car parked in my buildings lot with a parking pass. The car was undriveable (bad battery +I needed new brakes, and two flats), they put a sticker on the car (I never saw it) warning me that it needed to be moved or they would tow. The parking pass is a permanent guest pass with a code that links the pass to my unit in the building. I noticed it was gone 17 days after tow happened. They never contacted me and asked me to move the car. I had to pay $1130 to get the car out of the towing yard (tow+storage). All it would have taken is for them to send me a letter asking me to have the car fixed or moved and I would have gladly moved the car myself, in much less than the 21 days notice that they gave me. Do I have a case to sue them, even though they TECHNICALLY are within the rules?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am very sorry to bear bad news.

What you describe would make a very difficult lawsuit to win.

If the rules of the complex allow them to tow the car, they can tow the car.

To sue and win, you would have to prove that they violated the rules they established. For example, if the rules required that they notified the car owner in person prior to towing...or if the rules required that they make all efforts to notify the driver of the car after the tow? Then you would have a great case.

Now...there is one thing you mention that may assist mention a "kickback".

If that is the case...if there is evidence that the towing by the complex is done "for profit"? That would be grounds to sue. Specifically, if you can show that rules in place are being enforced arbitrarily by the management in order to make money (by getting money back from the towing company)? That would be grounds to sue and recover. would need some evidence to support this. You can can file the suit in small claims court yourself. And if you do, the complex would need to send someone to represent (perhaps the manager) if they admitted this was the case...if they admitted they received a kickback, or of you could find some evidence of a kickback? Then you would have a great case.

But short of that? Unless there is evidence of the complex profiting from this, the law allows them to make and enforce rules for parking.

Again, sorry to have to bear bad news

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 29078
Experience: 16 yrs. of trial experience
P. Simmons and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Seems to me that the reason to tow a car is for aesthetics, if they wanted to get the car out of there, and they had some way to contact the owner or someone who knows the owner, common sense would be to MAKE CONTACT with that person and get the situation resolved asap. The manager argues that they are "too busy" to send a message of the complaint to my door, I argue that if they are so busy, then they should let the police move the car when they see fit. So its either they are too busy, and don't have time, in which case they should just let the police move it as they see fit, or they are worried about the aesthetics of the situation and common sense is to contact me right away. Since it is clear that they are not too busy (because they had the time to bother with it in the first place), and also that they are not so concerned about the aesthetics, doesnt that seem suspicious? Also, I feel that the rules in place really lend the opportunity to the management to exploit in this way. other than that I dont really have any evidence

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