Towed: Small Claims Court??
02-13-2009, 01:33 AM
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Towed: Small Claims Court??
Damn its been a hell of a long day.
Just got home right now from the tow site, **** (2:30)
Long story short..
1) Me and a couple of friends go to a friends house
2) She tells us not to park in the apartment complex and park at the plaza next to her apartments (and i listened...stupid me)
3) We come out a couple hours later and find none of our cars there! (three cars)
4) We cant find any signs anywhere near the lightpoles that say no parking besides the ones that tell us to watch out for speed bumps?
5) we look around worried as fck and finally find a sign "FACING OUT" towards the street.
States no time limit, and its seriously only one on each f'n entrance! Who the hell reads sings when they are entereing a plaza? Safety hazard?
anyways...
6) call them, they tell us ur screwed 250 each car...
after much deliberation and trying to find places that were open late and trying to find receipts blah blah we decide to head over there at 1:30..
7) Two of my friends get the cars out...im going back there today afternoon to get my car out.
Sorry about this stupid thread. I understand there were signs, but not any visible near the parking places...Also our friend specifically told us that we were safe to park there and we would get towed otherwise if we parked in her apartment...(stupid and ironic i know.....)
I just feel bad for my friends and i who had to suffer the consequences...and was wondering if it would be logical to take this to a small claims court. If not i will stop by tommorrow and pay it just to get my car back from them...
Just got home right now from the tow site, **** (2:30)
Long story short..
1) Me and a couple of friends go to a friends house
2) She tells us not to park in the apartment complex and park at the plaza next to her apartments (and i listened...stupid me)
3) We come out a couple hours later and find none of our cars there! (three cars)
4) We cant find any signs anywhere near the lightpoles that say no parking besides the ones that tell us to watch out for speed bumps?
5) we look around worried as fck and finally find a sign "FACING OUT" towards the street.
States no time limit, and its seriously only one on each f'n entrance! Who the hell reads sings when they are entereing a plaza? Safety hazard?
anyways...
6) call them, they tell us ur screwed 250 each car...
after much deliberation and trying to find places that were open late and trying to find receipts blah blah we decide to head over there at 1:30..
7) Two of my friends get the cars out...im going back there today afternoon to get my car out.
Sorry about this stupid thread. I understand there were signs, but not any visible near the parking places...Also our friend specifically told us that we were safe to park there and we would get towed otherwise if we parked in her apartment...(stupid and ironic i know.....)
I just feel bad for my friends and i who had to suffer the consequences...and was wondering if it would be logical to take this to a small claims court. If not i will stop by tommorrow and pay it just to get my car back from them...
02-13-2009, 06:03 AM
#3
It's pretty common for commercial parking lots next to apartments complexes to be very aggressive about parking enforcement. I lived in an apartment for the first 18 years of my marriage as a gypsy working for the US Navy moving every 24 to 36 months. After business hours your cars likely were easy pickin's.
Unless there's a state or city requirement for the signs to be "x" close to the parking space or other loop hole you've got no case. I was able to get out of a ticket with photos of some no parking signs clearly showing that the one spot I was in wasn't marked.
Unless there's a state or city requirement for the signs to be "x" close to the parking space or other loop hole you've got no case. I was able to get out of a ticket with photos of some no parking signs clearly showing that the one spot I was in wasn't marked.
02-13-2009, 07:58 AM
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sorry to hear bro. since there is one sign posted at each entrance... you might not be able to win since it is posted. Paying attention or not, that's on you.
get your car out asap... those yards rape you on the charges. and check your car also... those tow guys are very careless and make sure they didn't damage your car in any way.
talk to your "friend" like the others said, the "friend" might need to be somewhat responsible for this.
get your car out asap... those yards rape you on the charges. and check your car also... those tow guys are very careless and make sure they didn't damage your car in any way.
talk to your "friend" like the others said, the "friend" might need to be somewhat responsible for this.
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02-13-2009, 09:11 AM
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Lol well yeah if only it wasnt for the fact that she will have to pay between us three..
Yeah i plan on giong asap. They told me if i come by today by five it will remain the same price. I was actually talking to all the guys there yest until 2:30~ They were pretty chill (besides the fact that they towed our cars) and the guy that handled my car said he took extra care with it lol.
Eh...i guess im just going to pay up. I was just really pissed that we had to look for those damn signs after our cars were gone and then we were like wtf?
LOL...
Eh...i guess im just going to pay up. I was just really pissed that we had to look for those damn signs after our cars were gone and then we were like wtf?
LOL...
Last edited by johzp; 02-13-2009 at 09:14 AM.
02-13-2009, 09:39 AM
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yeah seriously, thats what i was even more pissed about, ive been saving up these past couple of months to go into fixing the car and now the stupid towing company is raping me in the ***. W/e sht happens, its just bad timing for me.
We were at this anaheim plaza off the 57 on Lincoln and State college.
we will never go there again...
We were at this anaheim plaza off the 57 on Lincoln and State college.
we will never go there again...
02-13-2009, 10:27 AM
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sorry to hear bro. since there is one sign posted at each entrance... you might not be able to win since it is posted. Paying attention or not, that's on you.
get your car out asap... those yards rape you on the charges. and check your car also... those tow guys are very careless and make sure they didn't damage your car in any way.
talk to your "friend" like the others said, the "friend" might need to be somewhat responsible for this.
get your car out asap... those yards rape you on the charges. and check your car also... those tow guys are very careless and make sure they didn't damage your car in any way.
talk to your "friend" like the others said, the "friend" might need to be somewhat responsible for this.
Pay the charges and hope they didn't damage your car. GL on everything.
02-13-2009, 10:47 AM
#14
honestly bro, the only person you can take to small claims is your friend who recommended you to park there... and with that, you really don't have a case to file against the parking lot since technically.. it's posted. Regardless if it was visible from the parking spaces, its visible from the street correct? So prior to entrance it would've been expected that you read it before you entered which we all know we dont do... but thats a big weight on their part. I would make your friend pay for your impound fees.
Oh yeah, check for damage on the car, those tow truck drivers don't give a **** when they tow
Oh yeah, check for damage on the car, those tow truck drivers don't give a **** when they tow
02-13-2009, 01:15 PM
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umm, well the signs arent visible at all from the parking spaces. The one i pictured was in a middle of some trees, they all face outward, so when i was leaving the plaza i didnt even see it, heck none of us even saw it when we went back in the parking lot. We had to walk around and hunt the signs down.
02-13-2009, 01:32 PM
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Update: So i get there, pay the charges, ask to see if i can inspect the car. First thing i do is look under the car cause my car is lowered and it wasnt in the same place we left it yesterday! I feel around my exhaust and whatya know....theres a (sp) crease in the piping near the driver side wheel. I tell him, he argues with me that the dent could've been there before they took it, so then i tell them that being in he spot that it is in, the angle, and the amount it was dented in, i asked him if he can think of anything besides the forklift they use to move around cars (in daily driving) that he could think of...he couldn't think of anything. I tell him to move his forklift and put it under my car to see where it would hit and he refused. After some talk he asked me to make a choice. $50 or send it over to orange county customs...wtf? so, in the end i decided to just take the 50 and call it a day.
/end rant
/end rant
02-13-2009, 01:49 PM
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damn man.... That sucks to hear about your situation John. I know they do have regulations with signage and visibility and also how many they need to have and what distance they spread them apart. I'll check into it for you. I got my GF out of a Parking/street sweeping ticket with the signage issue, apparently it was covered in vines and they didn't have them within the right distances from each other.
02-13-2009, 02:56 PM
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Sorry man. Bad News for you: (According to the V.C. Division 11, Chapter 10 Article 1)
Section: 22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
Unfortunately I think that sign meets Code. Sorry man. I'll help you paint your bumper though
Section: 22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
Unfortunately I think that sign meets Code. Sorry man. I'll help you paint your bumper though
02-13-2009, 03:56 PM
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Sorry man. Bad News for you: (According to the V.C. Division 11, Chapter 10 Article 1)
Section: 22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
Unfortunately I think that sign meets Code. Sorry man. I'll help you paint your bumper though
Section: 22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Section 1351 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
Unfortunately I think that sign meets Code. Sorry man. I'll help you paint your bumper though
Its all good though eric lol.....we can still do it even though its raining right =)
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