Towed from my assigned parking spot - Legal?

[BobDoLeSS]

Update.

So I did confirm they chalked my other tire after I had told them I was going out of town and advised them verbally and in writing that I was leaving and they are not to tow my car (per my conversation with the assistant manager). ..ha ha ha..

I stopped by the management office to request a copy of the addendum that states stored vehicle. Office staff girl asked me if I was on "on notice." To which I replied, "Huh?" She said she was trying to figure out where my file was. I asked her what she meant by that twice. She said nothing and made me my copies. I wished her happy holidays despite the threat. Ever since the incident, I've been paying rent online as I don't want to give them any opportunities to retaliate. And in case of any noise complaint fabrication, I'm sure my neighbors will back me up there.

The lease addendum simply stated that stored vehicles are not allowed. Nothing more.
The signs around the apartment complex simply state No parking "in open spaces over 72 hours" and thats it.

I've been spending such a great amount of time researching their potential arguments and I keep coming up with only more FAIL for them. I'd post it up, but as I said this thread comes up in searches, I'm going to drop it all on the upcoming court date.

So I went to the courthouse and filed for a small claims case. Per the legal advisor there, I'm going for 4x the tow bill. He was basing that off of vehicle code 22658. Sounded like a good number. Court date is set for 2 months from now.

I'll update after the court date or some long awaited contact from the (multiple) parties I am going after.

I am drooling in anticipation.

 

[svtcop]

Good luck man!

Too bad you had to deal with this crap in the first place though.

I hope all works out well in your favor.

 

[CPRsm]

Crossing fingers for ya

 

[DaleM]

Start packing and good luck!

 

[Steve@TF]

Good luck man!

Too bad you had to deal with this crap in the first place though.

I hope all works out well in your favor.

yep.

just ridiculous that you had to go through it in the first place :nonono:

i bet if it were 2003 this wouldnt have happened. how quickly some people forget :nonono:

 

[lightning_2000]

good luck man

 

[silver03svt]

Good luck OP, and keep us updated on their FAIL!

 

[03cobrah]

good luck op, hope it works out in your favor. i gotta say svtp has a lot of members with useful info.

 

[5.0GTCS]

Seems to me this is beginning to become a complex legal matter for you, you may want to consider getting a free hour with a civil matter lawyer... these guys usually ONLY take cases that are favorable to a win,with the other party footing ALL legal financial obligations... just make sure you have all pertaining info to present him/her at time of meeting.
I owned a condo in downtown Toronto years ago (It's now sold) but I also owned 2 parking spots,one I bought from the builder, the other I bought from a condo owner ( she no longer needed it and listed it for sale)
In one spot I parked my car, the other I bought to park my full sized van that was more of a camper setup,anyways, the van would not fit into the garage because the bulkhead was built lower than code (6".8 minimum clearance) when I talked to management they flat out told me there was nothing they could do and offered me an outside guest parking, but there were a lot of break ins at the time and I declined.
LONG story short, they ended up losing in court, judgement against the building was; they had to buy the additional parking spot off me for fair market value and (2) were given 3 months to address the violation to the bulkhead,the ramp was dug down and rebuilt to meet code.
In the initial discussions regarding all this I was threatened by lawsuits, bullied by management and forced to seek legal consul.
This all started when my wife decided to hang a xmas wreath on our front door, within 2 days we were getting flurries of notices, but I would NOT comply to their stupid rules as long as I, and not them were paying for the property... they took us to court, and essentially all the judge wanted to know was if what I had done was structural in nature, after photographic submissions and eye witness accounts from other owners, most of which were all for hanging xmas decorations on their front doors to their units, judge ruled that the management rules were in fact harsh and unreasonable and struck them down!
I would just consider ALL options before I represent myself in court, small claims or otherwise, just my two cents.
Good luck man
Mario

 

[aquill1]

Subscribed for updates...

 

[d3m01iti0n]

In for updates.

Reminds me of the Audi Boot op:

http://www.autoblog.com/tag/audi+boot/

 

[aquill1]

Any update OP?

 

[TJSwoboda]

It sounded like the court date was for later this month. Now's as good a time as any for me to subscribe for updates, though...

 

[xXAzureMach1Xx]

subscribed for updates...

x2

 

[riocobra97]

It sounded like the court date was for later this month. Now's as good a time as any for me to subscribe for updates, though...

+1, Im wondering what will come of this as well. Sub'd, good luck OP.

 

[NateCO84]

Update???

 

[N2DAMYSTIC]

This would be a civil matter. You will have better luck speaking with the manager of the property. Be polite! Explain your situation. If that doesn't work for you then you're gonna have to go the small claims court route.

If it is a high end community then they likely have a professional management company in place. If the Manager is not helpful then you need to go above the person and speak to his / her Regional Manager. I field these concerns all the time and I would either refund you fully or depending on the situation, split the costs. The Regional Manager should be the next step before filing a Suit. If they are not helpful then I would file on them. Definately be polite though. It goes miles for you because people are often not polite in these situations. Very similar to getting a ticket or being arrested. If you want to be difficult it come back at you.

Did Management contact you at all while you were away, leave a message for you? Having dealt with this before I ask the Managers to contact the person that ownes the spot the next day after a vehicle is towed to aviod excess storage charges we could potentially be liable for. Too many times residents do not report to management that they bought a new car / tags are expiring / have a rental car, Etc.

EDIT: Crap - Did not see the date. Curious what happened as well.....

 

[BobDoLeSS]

Court date is very close... I'll make sure to present my case well and give an update here. Thanks for the support!

If it is a high end community then they likely have a professional management company in place. If the Manager is not helpful then you need to go above the person and speak to his / her Regional Manager. I field these concerns all the time and I would either refund you fully or depending on the situation, split the costs. The Regional Manager should be the next step before filing a Suit. If they are not helpful then I would file on them. Definately be polite though. It goes miles for you because people are often not polite in these situations. Very similar to getting a ticket or being arrested. If you want to be difficult it come back at you.

Did Management contact you at all while you were away, leave a message for you? Having dealt with this before I ask the Managers to contact the person that ownes the spot the next day after a vehicle is towed to aviod excess storage charges we could potentially be liable for. Too many times residents do not report to management that they bought a new car / tags are expiring / have a rental car, Etc.

EDIT: Crap - Did not see the date. Curious what happened as well.....

I have attempted to contact the regional manager as well as that manager's manager. I have left voicemails for these people as well as forwarding email correspondence. I have received no response. Then I contacted a mediator and the mediator couldn't even get a hold of them despite having all their contact info.

I did receive contact from their liability insurance carrier though. They wanted to know where I came up with the dollar figure that I'm after. I was short on time and had to end the call early. It was such a shame that I wasted our phone call getting loads of helpful information from him without getting the chance to return the favor. He also advised he'll be on standby to pay me (if applicable) until after the court makes their decision.

 

[N2DAMYSTIC]

Court date is very close... I'll make sure to present my case well and give an update here. Thanks for the support!




I have attempted to contact the regional manager as well as that manager's manager. I have left voicemails for these people as well as forwarding email correspondence. I have received no response. Then I contacted a mediator and the mediator couldn't even get a hold of them despite having all their contact info.

I did receive contact from their liability insurance carrier though. They wanted to know where I came up with the dollar figure that I'm after. I was short on time and had to end the call early. It was such a shame that I wasted our phone call getting loads of helpful information from him without getting the chance to return the favor. He also advised he'll be on standby to pay me (if applicable) until after the court makes their decision.

You threw me for a loop there. Mediator / Insurance? Pretty stupid of them to pass the buc for something so simple. Mind telling me who manages the property? Company wise?

Leave comments here and see what kind of response you get

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[UnleashedBeast]

x2

Can't wait to see the hammer fall on this one.