Apartment Complex towed my truck... play? - Page 2

TexArcher · #11 07-01-2006, 01:27 PM

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It's an assigned spot. They had 3 ways to identify my vehicle and call me. First, it's an assigned spot. Then they gave me a specific parking permit which was dipslayed in the truck. Finally, my truck's lincense plate is in their records.

3 days notice (when it wasn't even really 3 days, they put up the flyer sometime in the afternoon/evening the morning we left and you had to be moved by Friday morning. More like a day's notice.) by a piece of paper wedged in the door. They had every thing needed to contact me. They also use a tow-trucking company 30minutes away which drove up the price.

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I'm not a lawyer, but it sounds to me like they didn't do anything close to due diligence in trying to reach you. I'd be calm and professional about the whole thing but I wouldn't pay them a cent and I'd hand them an estimate for any damage on my truck and if they forced the issue I'd call a lawyer.

Good luck with it.

EJXD2 · #12 07-01-2006, 01:31 PM

Major screwage. You should definitely have them pay and for that kind of money contact a lawyer.

Ray Zee · #13 07-01-2006, 03:25 PM

it aint enough money to see a lawyer. so file aq small claims suit and wait to see what happens. they are a corp. and by most state laws have to be represented by a lawyer in court unless their is an owner there. but they will pay you as they have no case. putting a note under your door is not considered proper notice considering they had better options. write down everything that happend in order with times and dates as you will need to be exact in court.
be prepared to be asked to move when your lease is up.

bluef0x · #14 07-01-2006, 04:33 PM

Yeah I don't plan on staying here after the lease anyways. They have pretty much lied about a lot of stuff and we've basically let it go.

So for small claims what should I ask for, maybe a $100 more because my girlfriend had to drive 30min there and 30min back and my dad had to spend 3 hours on the road? My dad was the registered owner and he had to pay for it today... can I still go to small claims and get the $ for him?

I have the exact dates/times we left and stuff because I had an appointment to be at while my GF had like 3.

I also have scracthes on the INSIDE of my truck window now... they are pretty bad and I don't exactly know how they got there. The tow-truck guy was pretty nice and said to call back on Monday to speak with the owner, because he was there. If the tow-truck company denies the scratches, do I put it in small claims vs the apartment complex? The apartment complex is one of few a bigger corporation owns.

Oh, and the reason for towing my truck was because they were "striping" the parking lot. I'm not really sure what that is, but I would guess it's just painting the stripes in the parking spots? They tried to do this like 3-4 months ago, we moved our cars and nothing happened. They canceled it without telling us. They then did it again like 3 weeks ago, they put new pavement and paint in the parking lot. So I don't know what they would need to move my truck for, because there was already painted lines in the parking lot. Not to mention my truck was parked perfectly, it's not like it would have been over the lines anyways.

I do notice they painted the fire lanes again it seems... but the nearest red-curb isn't even in the vicinity of my parking spot.

EDIT: My mom said I need to write a letter to the apartment office first stating I intend to take them to court for $400 + Court fees + whatever else (time off work or whatever)

JayTee · #15 07-01-2006, 04:59 PM

As far as damage to your vehicle, the company that towed it should have documented a pre pickup inspection and have you to sign off on it after you looked the vehicle over when picking it up. Did any of this occur? (These places are notorious for using vehicles after picking them up and/or draining the fuel tank. Was your fuel gauge different when you picked it up?)

bluef0x · #16 07-01-2006, 06:43 PM

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As far as damage to your vehicle, the company that towed it should have documented a pre pickup inspection and have you to sign off on it after you looked the vehicle over when picking it up. Did any of this occur? (These places are notorious for using vehicles after picking them up and/or draining the fuel tank. Was your fuel gauge different when you picked it up?)

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Oh man, I didn't even look at that but I was on empty before it was towed. I'm surprised I got home now that I think of it...

Spota · #17 07-01-2006, 07:13 PM

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EDIT: My mom said I need to write a letter to the apartment office first stating I intend to take them to court for $400 + Court fees + whatever else (time off work or whatever)

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If you write them a letter, consider a registered letter. That way you have proof they received it.

Ray Zee · #18 07-01-2006, 07:14 PM

you can add on whatever you want in the suit. the judge decides what has merit and determines who and what gets awarded. do it and have a day in court. it is worth it even if you lose as you go to find out about the system. only this time you will win. dont waste time arguing with the management. just file the suit. you can include the tow company as well although it is unlikely you can prove they did an damge. but they may put pressure on the apartment people to pay or they wont tow there anymore. and you may find them to turn out to be a favorable witness after you question them on the stand.

mmcd · #19 07-01-2006, 09:45 PM

More than likely, it was the contractor doing the lot that called to have your car towed as opposed to the rental company. The viability of your claim most likely depends on the terms of your lease, or whether the apartment complexes method of notice was reasonable considering the circumstances. Whoever you talked to probably has no authority to pay you back. Send them a letter by registered mail. Even better if you have an uncle/friend/whoever that is a lawyer send it. Then they'll have to run it up to their surperiors who would probably rather just pay the 400 bucks than fight you in court. Generally, I don't think you have as strong a case as others here seem to. It seems like an extraordinary circumstance that someone would be gone from their apartment for several days, but still have a car parked in the lot, so their method of notice seems reasonable to me. As it was probably the painters/pavers that called the tow truck when they discovered your car was in the way, I don't think there was any possibility of you being notified by phone or whatever.

chopstick · #20 07-01-2006, 09:48 PM

Double check your lease to verify that they are unlikely to be able to reasonably justify not repaying you costs you incurred. Check all lease clauses for anything they might use.

If you think it will stand up to the scrutiny of a reasonable person, then make a list of all the costs you have incurred, including your time spent on this. The judge may lower the amount you receive if you win, but he will almost never raise it. Aim high.

Get the forms you need to file in small claims. They won't be complex. Write down your entire case in clear and concise language including dates, times, and facts.

Contact the company and find out who their legal counsel is. Contact that person, explain your intent to file, and ask if there is a way to handle this outside the courts, as you believe the company would rather not have judgments against it as a matter of public record. Have your filled-out documents in front of you as you discuss this. Read from them, but do not let the lawyer see them. Do this in person, if you can, so the lawyer knows you are serious. Even if your apt mgr is a moron, the lawyer probably isn't.

Assuming the lawyer declines to kick the company into writing you a check, file in small claims. Win.

Then write a Trip Report and post it here, obv.