Car got towed :(

[Kreator]

Here is what happened:
I wasnt intending to work today, but todays is 15th so it's the money day, meaning that today we all turnin timesheets. So I had to get there. I drove to work and as usual parked at giant parking space at 10:20. at around 11:O0 i walk out, and notice the absence of my car. There is a black security guy (very mean) who says my car got towed cuz he saw me leave the area. So i started thinking, went back to work made phone calls bla bla bla.... came back, went to giant bought some stuff. The time on reciet - 11:30.... went got my car back (the sheet said it was towed at 10:55) and stuff, figured out what the company was that provided security and left home...

Some things about the parking lot. There is a sign at the entrance saying "Customer's Parking Only". Then on one of the posts at the parking there is a sign saying that if you park here you can't leave the premises. There is a tree right near by and the sign is covered by leaves. So basicly you can't read what it says. And if you don't know about it, you won't even see the sign. And i know that since i'm parking htere all the time.... Another thing, I checked around, and my guess is that the car got towed because the guy SAW me leave. Meaning they have no real proof that i actually left the area....

Now here is how i want it to look:
Since i have reciet for 11:30, that means that there was 1 hour and 10 mins before i parked and made a purchase. So I'm thinking i can actually argue that i was in the store all the time. I mean it's a reasonable time.... And again, since they have no video/photo of me leaving, they can't prove otherwise that i actually left... The only thing might be the giant store... although i don't remember seeing cameras there except at the registers (so they can't actually track when i entered the store....).

So my question is: should i try to battle this and get my money back, or just let it go cuz there is no way i can prove anything? Hopefully someone who knows this stuff could help me....

Blah, i've been parking there since Feb last year, and this never happened..... Guess it was their "fishing day".... <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/confused.gif" border="0" valign="absmiddle" alt='???'>

[JeffNJ]

First of all, forget about all the cameras and stuff. &nbsp;They are not going to bother checking. &nbsp;If I were you, I'd stick with the stuff about not being able to see the sign, but have some more ammunition if you're going to take this to court or whatever. &nbsp;As in, go check some law books (online, of course - what do you think this is, the eighties?) for laws regarding signage and whatnot. &nbsp;Find where it states that such sings absolutely must be visable, etc, and then bring that to court with you. &nbsp;Saying you never left the lot won't be easy, since that guy saw you leave and everything, plus the fact your receipt is for after your encounter with him, that's a lie that will unravel very quickly.

Of course, it would just be easier to bend over like The Man wants you to and just cough up the money to get your car back. &nbsp;But that's just the easy route - not the one of what I assume you feel the principle of the matter is all about. &nbsp;Good luck either way.

[Coldsun]

damn i fight all my tickets, TICKETs that its (well i dont really fight them , i plead not guilty even if i am, this gives me to to forget about them, and then when i see the cop, we both are calm and work out a lesser fine)

BUT this is not a ticket... they towed ya lil baby

so i'll say this, it sounds shakey, like its not your fault and that you can put up a good arguement, but i wouldn't even know who to talk to to fight it..is this a court thing, or do you argue with the owners of the parking lot... well either way, if you can, i would say something, it might work out.. but if you end up running into a dead end, or they shun you, i'd jus say fuck it, not worth a head ache, ya live and learn...

Well wait first lemme ask you, how much did the tow cost ya
whateva you choose , good luck
-Sun

[Kreator]

Well it cost me $93. Company i'm gonna fight about it with will be the company that provides parking security.... No ticket nothing. I had to pay the money to the towing company cuz they arent responsible. They just towed. Plus i wouldntve been able to get the car back.... The giant isn't in charge either cuz, it's not there parking (it's like a small mall, a couple stores there)

Jeff, i still have a question. How the hell can he prove in court that he saw me leave? And how the hell he can prove that i talked to him before i got my reciet? He didn't check the time and there was noone around.... so basically he got no more truth in his words that there is in mine before a person who has no idea what the fuck happened.....

[ca18guy]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (Kreator @ May 16 2002,06:57)</td></tr><tr><td id="QUOTE">Jeff, i still have a question. How the hell can he prove in court that he saw me leave? And how the hell he can prove that i talked to him before i got my reciet? He didn't check the time and there was noone around.... so basically he got no more truth in his words that there is in mine before a person who has no idea what the fuck happened.....</td></tr></table><span id='postcolor'>
It's a security gaurds word against yours, benifit of the doubt would almost always go for the gaurd's word. Besides the fact that he's right. Just take it as a lose, fighting with a security company seems like a lost cause, and going to court over $93 is extreme.

[JeffNJ]

Ah, but he works in a position of power. &nbsp;All be it a teeny and insignificant amount of power, but think about it: he gets to wear a uniform and carry around a walkie talkie. &nbsp;You drive a sports car. &nbsp;When push comes to shove and some uptight court official has to believe one of you, who's story looks like the easier one to swallow?

Before it escalated all the way to court, you may want to talk to giant's supervisor, or even his supervisor's supervisor if you have to. &nbsp;Just say stuff like, "Listen, I didn't know and I couldn't the sign. &nbsp;I'm not going to park there anymore, and I really want my money back because it was totally uncalled for that I be made to shell that out in the first place. &nbsp;Hopefully we can reach some kind of friendly resolution, because I'd really rather not a waste a favor from my family's lawyer for something so petty." &nbsp;It doesn't matter, of course, if you really have a lawyer or not, but say stuff like, "I asked him, and he said in accordance with title 39, chapter 16, section 3a (because you looked that up already, remember?) I have to be able to see the sign before it can be enforced. &nbsp;If we have to drag this to court, he's going to win. &nbsp;I'd rather settle is now." &nbsp;I mean, who knows, that could work.

If he calls your bluff, you may be screwed without that lawyer you said you had. &nbsp;Unless the court wants you there (because they gave you a ticket), it might be tough to get a case without a lawyer. &nbsp;Try going down to the local police station and asking how you file a small claims report (less than $500). &nbsp;Plead your case on whatever forms you wind up filling out - being as polite and professional as possible - and hope for the best.

If it were just over $93, I'd be really pissed and probably complain about it to my friends until they were sick of hearing about it and that'd probably be that. &nbsp;But it's about more than the money, like I said; it's about principle. &nbsp;Man, they f'n towed your car! &nbsp;So, yeah, I'd fight 'em too. &nbsp;I just don't know how well I'd do either.

[Kreator]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (ca18guy @ May 15 2002,1:08)</td></tr><tr><td id="QUOTE">It's a security gaurds word against yours, benifit of the doubt would almost always go for the gaurd's word.</td></tr></table><span id='postcolor'>
I knew someone would point that out... I was thinking about that.... so i guess from here it only leaves the fact about the sign covered by trees.... got to expect the area again....

Now i gotta worry where to park. The place i'm supposed to park in, charges .50/hour.... That's why i was parking at giant in the first place. Since feb last year i worked there at least 700hrs, that's $350 in parking <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/wink.gif" border="0" valign="absmiddle" alt=';)'> &nbsp;So i'm not at loss anyways...

[Kreator]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (JeffNJ @ May 15 2002,1:14)</td></tr><tr><td id="QUOTE">If it were just over $93, I'd be really pissed and probably complain about it to my friends until they were sick of hearing about it and that'd probably be that. But it's about more than the money, like I said; it's about principle. Man, they f'n towed your car! So, yeah, I'd fight 'em too. I just don't know how well I'd do either.</td></tr></table><span id='postcolor'>
LOL, yeah, i was more worried about them scratching my bumper and shit <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/smile.gif" border="0" valign="absmiddle" alt=':)'> Hmm the giant idea seems good.... but then again, as i said, they have nothing to do with this. This is like a small mall. The giant is just one of the stores.... so basically they can't do anything about it, but redirect me to the security company....

[Kreator]

also about the guy seeing me leave the area.... isn't the american way "non-guilty until proven guilty"? From that i guess you can derive that i'm not guilty unless he can prove that... and i guess seeing won't be just enough &nbsp;<img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/confused.gif" border="0" valign="absmiddle" alt='???'>

[tnord]

there's really not much hope in winning, but in situations like that i usually just raise all sorts of hell and see if i can get other people pissed off. if it's an unjust law, or a stupid ticket in this case, i just try and ruin as many people's day as i can (officers and other people involved of course, not just randoms). you ruin my day, i ruin yours, and i feel better in the end even though i still have to pay up.

[camppain]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (tnord @ May 16 2002,01:41)</td></tr><tr><td id="QUOTE">there's really not much hope in winning, but in situations like that i usually just raise all sorts of hell and see if i can get other people pissed off. if it's an unjust law, or a stupid ticket in this case, i just try and ruin as many people's day as i can (officers and other people involved of course, not just randoms). you ruin my day, i ruin yours, and i feel better in the end even though i still have to pay up.</td></tr></table><span id='postcolor'>
couldnt have said it better myself ol buddy ol pal travis <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/wink.gif" border="0" valign="absmiddle" alt=';)'>


best bet is a lwayer if you take it to court the cort wont hear ur side unless its presented by a lawyer no matter how right u are how much proof u have and all the paer work all the pictures of the sign from every possible angle.

thats what they did to me. i paid the lawyer on the spot a 100 bucks so it wasnt to much. hope it works out for u.

if all else fails get the security gaurd back. <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/cool.gif" border="0" valign="absmiddle" alt=':cool:'>

[Kreator]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (camppain @ May 15 2002,11:53)</td></tr><tr><td id="QUOTE"></span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (tnord @ May 16 2002,01:41)</td></tr><tr><td id="QUOTE">there's really not much hope in winning, but in situations like that i usually just raise all sorts of hell and see if i can get other people pissed off. if it's an unjust law, or a stupid ticket in this case, i just try and ruin as many people's day as i can (officers and other people involved of course, not just randoms). you ruin my day, i ruin yours, and i feel better in the end even though i still have to pay up.</td></tr></table><span id='postcolor'>
couldnt have said it better myself ol buddy ol pal travis <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/wink.gif" border="0" valign="absmiddle" alt=';)'>


best bet is a lwayer if you take it to court the cort wont hear ur side unless its presented by a lawyer no matter how right u are how much proof u have and all the paer work all the pictures of the sign from every possible angle.

thats what they did to me. i paid the lawyer on the spot a 100 bucks so it wasnt to much. hope it works out for u.

if all else fails get the security gaurd back. <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/cool.gif" border="0" valign="absmiddle" alt=':cool:'></td></tr></table><span id='postcolor'>
hmmm spend a $100 bux to get my $93 back.... nah i'm not that desperate <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/smile.gif" border="0" valign="absmiddle" alt=':)'>

But the last thing about security guard, i gotta think about doing something to that mofo.... if i ever see him again. In 1.5 years that's the first occasion.... blah. The thing that really pisses me off is that i only spent at work 30mins and came 5 minutes after my car got towed. Bah. I had 12-14 hour work days before and my car was in the parking lot all the time and nothing ever happened. And i had to come to work for half an hour. and voila: "Your total is $93.00. Thank you".

[sykikchimp]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (Kreator @ May 15 2002,2:19)</td></tr><tr><td id="QUOTE"></span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (JeffNJ @ May 15 2002,1:14)</td></tr><tr><td id="QUOTE">If it were just over $93, I'd be really pissed and probably complain about it to my friends until they were sick of hearing about it and that'd probably be that. But it's about more than the money, like I said; it's about principle. Man, they f'n towed your car! So, yeah, I'd fight 'em too. I just don't know how well I'd do either.</td></tr></table><span id='postcolor'>
LOL, yeah, i was more worried about them scratching my bumper and shit <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/smile.gif" border="0" valign="absmiddle" alt=':)'> Hmm the giant idea seems good.... but then again, as i said, they have nothing to do with this. This is like a small mall. The giant is just one of the stores.... so basically they can't do anything about it, but redirect me to the security company....</td></tr></table><span id='postcolor'>
The mall does have a liability in the security company b/c the mall pays the security company to be there and protect their lot to a certain standard. &nbsp;If they towed you without proper cause (something you would have to prove) then the mall may have just lost a customer, and will not want to do that, and will more than likely give you the money for the tow, and make the security company re-imburse them.

[tnord]

the mall doesn't have liability if the security company is an independent contractor, but if it can be proved that a principal-agent relationship existed, then they are liable. if that is the case, it shouldn't be hard to establish, but it will be costly.

[HippoSleek]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (tnord @ May 16 2002,10:52)</td></tr><tr><td id="QUOTE">the mall doesn't have liability if the security company is an independent contractor, but if it can be proved that a principal-agent relationship existed, then they are liable. if that is the case, it shouldn't be hard to establish, but it will be costly.</td></tr></table><span id='postcolor'>
What are you, some kinda lawyer? <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/whatsthat.gif" border="0" valign="absmiddle" alt=':whatthe:'>
***
So wait... let me see if I get the beef here... You got towed b/c you parked in a lot for a business that you don't work at, but you knew had a no parking/towing policy?

Keep in mind that SOMEONE has to pay for this - you or the store. &nbsp;(b/c the towing has occurred) &nbsp;Since they seem to be in the right, I don't think they will be paying your costs anytime soon. &nbsp;I'd worry about getting the car back quick b/f the storage charges start growing.

[Kreator]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (HippoSleek @ May 16 2002,1:37)</td></tr><tr><td id="QUOTE"></span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (tnord @ May 16 2002,10:52)</td></tr><tr><td id="QUOTE">the mall doesn't have liability if the security company is an independent contractor, but if it can be proved that a principal-agent relationship existed, then they are liable. if that is the case, it shouldn't be hard to establish, but it will be costly.</td></tr></table><span id='postcolor'>
What are you, some kinda lawyer? <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/whatsthat.gif" border="0" valign="absmiddle" alt=':whatthe:'>
***
So wait... let me see if I get the beef here... You got towed b/c you parked in a lot for a business that you don't work at, but you knew had a no parking/towing policy?

Keep in mind that SOMEONE has to pay for this - you or the store. (b/c the towing has occurred) Since they seem to be in the right, I don't think they will be paying your costs anytime soon. I'd worry about getting the car back quick b/f the storage charges start growing.</td></tr></table><span id='postcolor'>
Well, it's a bit different. This is downtown. You gotta pay for parking. The parking i'm supposed to park at (the one in the building where i work) costs $.50/hour. But across the street there is a plaza with FREE parking. And people who work with me been parking there for years with no problems, and so i was parking there since last february. Ther is a sign that says you can't leave the area if you parked here or you will get towed. Now for 3 years (that's what people who work with me told me) noone ever gave a shit. But this time, the security came that wasn't ever there. I guess the mall is paying them now or somthing. And that was one of their first days. So i was the unlucky one to get caught <img src="http://www.zilvia.net/f/iB_html/non-cgi/emoticons/sad.gif" border="0" valign="absmiddle" alt=':('>

Anyways, i got the car an hour later after it got towed. The only thing possible is call up the security company, and they'll most likely tell me to fuck off. Going to court over this assuming what camppain said about lawers - worthless. Giant being afraid of loosing a customer - i don't think they give a shit. Oh well, guess i'll have to return my money by stealing food from giant for a couple months. lol