July 7th, 2009
Resolved Question: A towing company mistakenly towed a car and charged the owner regardless their wrong procedure. Can it b Sued?
My property manager mistakenly and verbally assigned the same parking spot to another tenant and I. Last night the other tenant saw my car in “his spot” and called the towing company, which proceed to tow my car based on the verbal indication of this person (the other tenant) Neither him nor I have any written agreement that specifies the property of the spot.
This morning, I was basically forced to pay $265 to get my car back regardless the situation. My questions is: shouldn’t the towing company request some sort of written document to proof that the person calling to tow the car is the legit owner of the spot, before towing the car? And If I take the towing company to the small claims court for taking my car and charging me without a legit authorization, do I stand any chance to win it?
Thank you
Thank you all so much for your help. It has been very useful so far. I approached the landlord and he told me that there was a “misunderstanding: and I parked at the wrong place, however since he felt bad about the incident he offered me $180 out of the 265 that I paid for the towing. Since there is not written agreement, therefore in case I sue him it will be his word against mine, I was thinking about going against the towing company which towed my car solely based on a tenant word without any written or back up information about the parking spot ownership. Is this a legit reques? And again, do I stand any chance to win it? I heard that these companies count with a big support from the city.
