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
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