"Ask the Judge" Column continues in La Prensa of SA, 8-5

Ask the Judge: More Tales from the Courtroom

By Judge Steve Walker

For the past three weeks I have shared real life tales that have happened in my court involving plaintiffs and defendants who have either behaved badly or said outrageous things to prove their cases. Some of their testimony is so off balance it makes you wonder if they have a grip on reality or they are making up the story as they go. I make it a point to listen to their stories however bizarre they may seem.

Of course, in Justice of the Peace Court threads of “Judge Judy” testimony is ever present. Many of those who come to my court apparently watch way too much “Judge Judy.” I readily admit I watch sometimes as well but only to study Judge Judy’s techniques!!!

Twice a week defendants and plaintiffs in my Small Claims docket work especially hard to recreate scenarios viewed on the syndicated show in their sometimes mundane life.

As reported last week I shared stories about defendants who come to court to plead their case on what they perceive is a case of illegal towing of their vehicle from various properties.

This week I will share one more towing story. As written last week, in Pct. 2 Justice of the Peace Court we have many tales on all sorts of cases besides towing that we hear that either make you say, “huh?” or “what the?” Actually almost on a daily basis I find myself saying “what the?” It is entertaining to say the least, although I am required to follow the law despite the amusement.

Week after week I hear those towing case stories (lots of towing cases) from defendants and they come up with some loonie explanations as to why they feel the towing companies illegally towed their vehicle. Except in rare instances, they lose their case because they didn’t adequately prove their case or ended up proving why they should have been towed in the first place.

As any case, it is the plaintiff’s burden to prove that the towing company knowingly towed their vehicle, “illegally.”

Success in winning a towing case is in the documentation. Normally he/she who provides documentation such as videos or photos wins the case.

Plaintiffs forever complain that there were no signs on the property at the time of the alleged incident but then proceed to show photos to the contrary.

Recently a defendant brought a video recreation of his complaint. He mounted his video camera on his dash board and drove into the parking lot that he said had no signs. However, in his video it showed the backside of the sign. When I asked him if it was a No Parking sign he promptly admitted it was a towing sign!

His complaint was that he drove his vehicle from an adjacent parking lot and he didn’t come into the business parking lot from the street. Coming from his direction on private property he wouldn’t have seen the sign. Had he entered the parking lot from the proper entrance he would have. His excuse was he didn’t see it. The sign was properly posted. Just not seeing the sign is not a defense. By law signs must be posted at the entrance and exit as well.

The towing companies that come to my Court routinely take photos at the time of the towing. Documentation is the key to winning your case. The adage that a picture is worth a thousand words is just that. Pictures tell the tale.

Makes you want to say, “what the?”

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.