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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26114
Experience:  Litigation Attorney
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I had my car parked in my buildings lot with a parking pass.

Resolved Question:

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? ( looking for a couple opinions here)
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm certainly sorry for your predicament.

 

If your building has rules in place that allows it to tow the car, then it would be virtually impossible to sue because your case would be a complaint that they followed the rules.

Instead, in order to have a case, you would have to prove that they didn't follow the rules and towed your car without providing notice as outlined in the rules, etc. If you don't have something like that, there's probably little chance of success here.

 

I understand that from a practical standpoint, had someone come to you or even sent a letter asking that the vehicle be repaired or moved, you would have done that at a cost much less than the $1100 that you're now out to move the car. However, the building isn't required to do this - - although the moral thing to do - - if the rules don't require it.

 

The only thing that could be possible is if there were other vehicles owned by other residents that weren't towed or who were given a personal or written warning before the vehicle was towed. IF that has occurred in the past, then you could sue and claim that the building is selectively enforcing the rules and that you have been singled out. If that is the case, and if you can prove it, then that would be an available claim. Otherwise, I don't see anything there.

 

I'm sorry my news isn't better, but I'm trying to be totally honest about the situation.

Roger, Attorney
Category: Legal
Satisfied Customers: 26114
Experience: Litigation Attorney
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Customer: replied 1 year ago.

One more thing, in small claims, if i were to lose the case, will I be held liable for the defendants lawyer fees?

Expert:  Roger replied 1 year ago.
It would be up to the judge. USUALLY, the judge will not grant attorneys fees to the winning party, but it can.

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