My gran went on vacation (until 2/10) Mon. morn. On Wed., I got a call from her apt. manager that they were towing her car because they had to repave the parking lot. They claimed they notified her beforehand but I found out they notified her Mon. after she already left on vacation. Regardless, they had no choice but to tow her car (they did not have her spare key). I found her spare key and called the towing company to retrieve her car. The towing company claims that they cannot legally release her car to me since I am not the registered owner. While I understand this, I told them she can give verbal agreement over the phone, or she can fax a notary authorizing me to pick up the car. My grandma doesn't get back until 2/10. The towing company charges $25 per night (in addition to the $140 flat fee of the pick-up). I suspect they are telling me I can't pick up the car "legally" so that they can milk her for the $25/night until the 10th. Do I have any legal recourse? Thanks!
2007-01-24 18:49:21 · 7 answers · asked by guffie 1 in Politics & Government ➔ Law & Ethics
This really sinks!! I would suggest you speak to the owner of this towing place and hopefully he is a nice person and understands, but they, sorry to say: have legal right to the car until the owner comes to pick it up. The Apt owner I feel should at least be a countable for this, you should also speak to them
2007-01-24 19:00:38 · answer #1 · answered by Diana J 5 · 1⤊ 1⤋
No. 1. You can't press charges for something that isn't illegal - rude is not against the law. Just not good customer service. 2. Parking in spaces that are labeled "emergency" is illegal, and is something you shouldn't be doing, unless you not getting your coffee and donut in the morning is a matter of life and death (if it is, Starbucks has much better stuff). 3. The tow truck driver was just doing the job he was called to do - more than likely by the hospital and/or police department. You can't hold someone accountable for doing their job. 4. If anything, the driver could get you. At the moment he took the job, he was acting as an agent of the police department, and it is illegal to bribe someone in that capacity. I think you should just pay the $100 and count your blessings.
2016-05-24 06:46:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You'll have to wait until she gets back. When she does I expect that you will go to the towing company and they will try to charge. Take reciepts or ticket stubs showing that she was not there on the day the apt complex notified her to the leasing office and talk to the manager. If they refuse to pay then tell them they will be hearing from your lawyer. Give them a day to change their minds and if they don't than sue.
2007-01-24 21:27:38 · answer #3 · answered by Richard Cranium 3 · 0⤊ 0⤋
Your only legal recourse is a small claims court lawsuit against the property management.
The towing company is right they need a power of attorney or permission from your grandmother before they can release the car to you, that's by the law. The towing company was called to pick up the car and they are lawfully holding it so they are not at fault and are obeying the law.
A phone call from your grandmother giving the towing company permission may not be good enough proof, you have to call the towing company to find out. You will do much better if you have a Power of Attorney notarized and faxed to you. Power of Attorneys are easy to draw up and are legally binding. Your grandmother simply has to write "I give permission to" your name "to handle all affairs pertaining to my car until such time as I return and am able to handle my affairs myself." Then she must sign and date it and then have it notarized and faxed to you. The Notary may not be needed, but it is best to get your ducks in a row so you can pull that car out before the fees grow to be too much. A good Power of Attorney needs to have a limited time frame and permission for the person or persons named to do all that is required.
It is the responsibility of the Apartment Management to warn their residents in a timely fashion to move their cars. A one or two day notice is not a notice made in a timely fashion. So the apartment company is the party that you must sue.
First you must have proof of when the written notification was made. Then you have to find out if your grandmother notified anyone that she was going on vacation. If she gave a written notice of this then you are golden, but she probably didn't and you are probably not going to anyone in the manage net office to admit that she told them she would be gone by Monday. Otherwise your entire case stands on that written note to move her car and when it was given. I don't know the exact law, but typically a 30-day notice or at least a 2 week notice is required before this can be done so the person can make arraignments.
If your grandmother pays monthly rent, and it is not taken directly out of her accounts by the apartment management company, then she had to contact the apartment office and make plans to pay her rent on time. Those plans will be enough proof that she planed on being gone by Monday and tried to handle her affairs so that she could go. Without written notice that she was informed of the lot repaving before she left then the fault all lies with the management office. I am sure that the office will have a copy of the dated notice in their files, so you need written proof as well. If your written proof differs with theirs then you need another person who lives in the apartment to testify when they received their notice.
Small claims court is designed to handle cases of around $500 (the limit is higher in some states). You will want to find those limits in your state, and in your district. You will also want to talk with a lawyer before filing and appearing in court.
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They can help you more than I can.
2007-01-24 19:13:36 · answer #4 · answered by Dan S 7 · 1⤊ 0⤋
No, they cannot let you have the car. If it was discovered that you lied about being allowed to retrieve the car, they could be sued by her. Just because some random woman calls and claims to be grandma does not mean that she can prove she is. Unless you have a power of attorney to handle issues in her absence, there is nothing you can do.
2007-01-24 18:54:00 · answer #5 · answered by bashnick 6 · 1⤊ 0⤋
Go to the police! I suspect there is some shady dealings going on here! Explain whats going on and see what they have to say about it, and try to get them to act in order to release the vehicle. Have a good day!
2007-01-24 18:56:40 · answer #6 · answered by wheeliebin 6 · 2⤊ 0⤋
i think you are S.O.L. but... call a lawyer, ask if the apartment managers might be liable since they failed to give warning. Especially if your grandmother told them she was leaving,
2007-01-24 18:59:02 · answer #7 · answered by zorro1701e 5 · 1⤊ 0⤋