Q: I had my vehicle in the shop for two weeks. I picked it up and drove it to my housing complex.
Although i had a bonafide parking pass hanging from my inside rearview mirror, i did not realize that the shop had hung one of their number cards on the mirror and was about 85 percent blocking my pass. My complex has only about 30 apts. half of the residents do not own a car. My landlord is very familiar with my vehicle. I asked if he specifically authorized the tow and said no, he was never asked. I dont know if i believe him or not because he lies to me often.
Do i have the legal right to ask that i be refunded for the towing/storage? The resident manger says he was not notified and did not approve a specific request to tow my car. Further, the tow company provided no photographic proof period.
A: Typically, tow companies have a contract with the lot owner and simply drive through the lot on their own, looking for unpermitted vehicles, and tow without need to obtain specific authorization. You can sue the tow company for negligence in failing to see the parking pass, but you admit the parking pass was obstructed, so the failure to openly display your pass so it was visible may make you at least contributorily if not solely negligent. One of those situations where you probably just chalk it up to a lesson learned.
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