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Would I have any chance of winning this small claims suit

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DeltaLitProf Donating Member (459 posts) Send PM | Profile | Ignore Mon Feb-15-10 01:47 PM
Original message
Would I have any chance of winning this small claims suit
Last night while I was visiting my Valentine at her apartment, my car was towed. There were signs up prohibiting parking, but it was raining and there were no signs indicating the visitor's parking lot, so I went ahead and parked.

About three hours later, of course, I went outside to find my car had been towed. To get the car back will cost $175.

If I sue the apartment management for the cost of the towing, it would be on the basis that the visitors parking lot was not indicated with any signs. That there was no alternative but to park in prohibited spaces. I'd have pictures of the signs and the visitors lot to prove that there are no signs indicating where the visitor's lot is.

Do I have a chance if I take the apartment management to court on this?
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Lil Missy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 02:01 PM
Response to Original message
1. No. Just pay the charge and move on.
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SoxFan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 03:06 PM
Response to Original message
2. No
The cost of court fees, copying documents, printing pictures, etc will run you close to that much anyway.

If the apartment had a no parking sign posted, they are almost certainly in the clear.
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marzipanni Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 03:48 PM
Response to Original message
3. Did you ask your Valentine where visitors are supposed to park?
Does each tenant have only one parking space, or does she have a room mate that uses a second one?
http://en.allexperts.com/q/Towing-Issues-1411/2008/1/Towed-vehicle-apartment-complex.htm
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 05:03 PM
Response to Original message
4. you were towed and only parked 3 hrs? i don't see why you wouldn't win
Edited on Mon Feb-15-10 05:05 PM by pitohui
you can't request a tow for 24 hrs around here but i'm in louisiana, if by "delta" you mean a county in mississippi which i assume you do, you'd need to check into the local law

i think it would be worth doing, just to inconvenience whatever shithead thought it was OK to call you in and have you towed for parking that brief a period

why not come and knock on the door and ask you to move the car first? i guess someone REALLY doesn't like your sweetheart and you caught the fall-out

around here, ZERO chance of a cop towing your car off private property when you were only there three hours unless you were blocking a driveway or road or fire hydrant -- GOOD chance SOMEBODY lied to a cop and you might be able to find out if you had time to devote to a small claims hobby

i wouldn't expect to make my money back or anything, but just causing an ongoing situation for a shithead might be a good and cool thing to do

this just seems like a fraud happened somewhere, either on the part of a tenant/enemy of your sweetie living there or on the part of the towing company

it sure as hell can't hurt to check into it

if they are routinely stealing from people by towing them when they shouldn't be towing them, somebody needs to be fined/go to jail and i don't think it's you -- YOU made a mistake, they are committing a fraud or theft in a lot of cases

good luck
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rcrush Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 05:08 PM
Response to Original message
5. I hope not. I call the tow truck every time someone parks in a reserved spot at my apts
Edited on Mon Feb-15-10 05:36 PM by rcrush
There is a sign posted at my apt complex. But non residents still park there so I call the tow truck when I get home cause I have no place to park.


Its like that at almost every Apt Complex where I live. If parking becomes real tight at night for residents then that complex will be real strict about enforcing parking permits.


In most cases its a resident who just got home and found some visitors fucking car sitting in the parking space in front of his apartment with no parking permit on it. And that resident has to walk from all the way across the complex in the middle of the night.


But go ahead and sue you still wont get your 175 back.
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DeltaLitProf Donating Member (459 posts) Send PM | Profile | Ignore Mon Feb-15-10 08:54 PM
Response to Reply #5
9. I can def. understand doing that if my spot is reserved
Otherwise, it's just assholism for its own sake.
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demtenjeep Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 05:17 PM
Response to Original message
6. No, you broke the law
you suffer the consequences.

You parked where you knew you shouldn't. You have never been to her place before? You didn't know where teh visitor's parking was?
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gmoney Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-15-10 05:29 PM
Response to Original message
7. their not providing a visitor parking area doesn't excuse taking a reserved spot
I'd say you certainly don't stand a chance in court.

Yes, your sweetie should have told you where to park...
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DeltaLitProf Donating Member (459 posts) Send PM | Profile | Ignore Mon Feb-15-10 08:52 PM
Response to Original message
8. I didn't think I had a shot.
n/t
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