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legalgems
legalgems, Lawyer
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My car was towed from my apt. complex. The tow company said

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My car was towed from my apt. complex. The tow company said it was not parked correctly. I have asked for a report description and pictures of the improperly parked car.
JA: What state is this in? And how old is the car?
Customer: The tow company said to get them from my property managed in Flordia.
JA: Has anything been filed or reported?
Customer: It is a 2017
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know it the towing company can just say the car was improperly parked without taking a photo of the cars location. I want to file a small claims action and report the tow company for telling me I have to get information from a third party. ie.. the report or pictures of the tow.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Nothing in the statute provides that the tow company must provide proof; please see that statute here:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.78.html

Normally the propery management calls the tow company to report irregular/illegal parking.

If the customer sues in court the customer is the plaintiff and the plaintiff has the burden of proving, by clear and convincing evidence, that the tow was negligent, a breach of contract, or fraudulent.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.78.html

Pictures from the property management may help prove that burden.

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