"Ask the Judge" Column continues in La Prensa, 11-13
Ask the Judge: What do you do when your car is towed?
By Judge Steve Walker
Every week irate drivers come into Justice of the Peace Court to sue a towing company or property owner who they believe has “illegally” towed their vehicle off a parking lot or other designated area deemed off limits.
Obviously inconvenienced by the loss of their transportation at a costly amount to retrieve their auto, plaintiffs point out at great length that they were victims of unscrupulous towing companies in cahoots with local businesses who conspired together to make money off unsuspecting drivers.
Many plaintiffs come somewhat prepared with photos in hand and a copy of the towing ordinances and regulations. They may argue that the ordinance states that the signs should be 25 feet off the ground and in their research they discovered that in their measuring the actual height of the sign, that the sign sits only 23 feet off the ground.
To the plaintiff this technicality is reason for the Judge to rule in their favor and court order a refund for their out of pocket expenses for having their vehicle hauled off to the pound. Unfortunately if the sign was visible to the driver, and they admit they saw the clearly marked sign, the court does not normally rule in the plaintiff’s favor on a technicality.
Another argument a plaintiff raises on illegal towing is when their car is towed off for parking next to a red curb. They will argue that since there was no visible evidence of the words “Fire Lane” stenciled on the curb, therefore they were parked legally and should be awarded their money back.
Unfortunately a red curb is still a no parking zone whether or not it is just a red curb or designated fire lane. Either way it is an illegal offense and subject to being towed.
The number one argument for plaintiffs requesting reimbursement for their car being towed and impounded is the argument that they didn’t see the signs prohibiting them from parking in that spot. Not seeing the signs is not a justification for a refund. If they are properly posted and can easily be seen in a normal situation, that is not a defense and the plaintiff will not be reimbursed for their mistake.
One of the biggest mistakes the plaintiff makes when presenting their case is offering photos that in reality proves the towing company’s case of the illegal park.
For example, submitting a photo that indicates that you parked in two spaces at once is illegal and will get your car removed. If your vehicle’s tire crosses the designated painted lanes at any point, you are subject to being towed.
Be careful you don’t jeopardize your own case with photos that prove you in the wrong.
As a Judge I can assure the reader that the towing docket like the other dockets is never dull or boring.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
Every week irate drivers come into Justice of the Peace Court to sue a towing company or property owner who they believe has “illegally” towed their vehicle off a parking lot or other designated area deemed off limits.
Obviously inconvenienced by the loss of their transportation at a costly amount to retrieve their auto, plaintiffs point out at great length that they were victims of unscrupulous towing companies in cahoots with local businesses who conspired together to make money off unsuspecting drivers.
Many plaintiffs come somewhat prepared with photos in hand and a copy of the towing ordinances and regulations. They may argue that the ordinance states that the signs should be 25 feet off the ground and in their research they discovered that in their measuring the actual height of the sign, that the sign sits only 23 feet off the ground.
To the plaintiff this technicality is reason for the Judge to rule in their favor and court order a refund for their out of pocket expenses for having their vehicle hauled off to the pound. Unfortunately if the sign was visible to the driver, and they admit they saw the clearly marked sign, the court does not normally rule in the plaintiff’s favor on a technicality.
Another argument a plaintiff raises on illegal towing is when their car is towed off for parking next to a red curb. They will argue that since there was no visible evidence of the words “Fire Lane” stenciled on the curb, therefore they were parked legally and should be awarded their money back.
Unfortunately a red curb is still a no parking zone whether or not it is just a red curb or designated fire lane. Either way it is an illegal offense and subject to being towed.
The number one argument for plaintiffs requesting reimbursement for their car being towed and impounded is the argument that they didn’t see the signs prohibiting them from parking in that spot. Not seeing the signs is not a justification for a refund. If they are properly posted and can easily be seen in a normal situation, that is not a defense and the plaintiff will not be reimbursed for their mistake.
One of the biggest mistakes the plaintiff makes when presenting their case is offering photos that in reality proves the towing company’s case of the illegal park.
For example, submitting a photo that indicates that you parked in two spaces at once is illegal and will get your car removed. If your vehicle’s tire crosses the designated painted lanes at any point, you are subject to being towed.
Be careful you don’t jeopardize your own case with photos that prove you in the wrong.
As a Judge I can assure the reader that the towing docket like the other dockets is never dull or boring.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
No comments:
Post a Comment