Scenario:
I live in an apartment complex with 12 units. The landlord designates 1 parking space for each unit behind the building. Along side of the building (where you pull into the complex off of the street) is (from what I am told) considered a street (no street sign). It just takes you to the back of the building to the parking spaces. Along side of the building people are told that it is free parking for whomever (not designated for any apartments). My fiance usually always parks his car in the same spot everyday and has pretty much designated that spot his. We have disputed with the landlord about this and he simply said to have anyone towed if they park there. Well, someone parked there and he had them towed. That person filed suit but my fiance couldn't make it because his job wouldn't let him out of work that day. He tried to reschedule but they wouldn't allow it. The person who parked there was visiting another tenant. They don't really know who called the tow company. They didn't see him do it and he didn't admit to it. The tow company doesn't know who called either. The tow company just says that they got a call from someone and they went to pick up the car. Now that my fiance couldn't make it to court, the judge rulled over $400 for my fiance to pay for tow expense and damages to the car that he didn't cause.
What are his rights in this situation? I know he can appeal which he will right away but if it cannot be proven that he had the car towed and physically caused damage by himself or anything that belongs to himself how can this ruling be right?
What do we need in order to prove our case?
Thank you
Jen
I should also mention that the plaintiff sued the tow company for the damages to the car and my fiance for towing fees. However, the judge felt as though my fiance should pay the whole thing.
I don't believe the law was applied properly here.
I live in an apartment complex with 12 units. The landlord designates 1 parking space for each unit behind the building. Along side of the building (where you pull into the complex off of the street) is (from what I am told) considered a street (no street sign). It just takes you to the back of the building to the parking spaces. Along side of the building people are told that it is free parking for whomever (not designated for any apartments). My fiance usually always parks his car in the same spot everyday and has pretty much designated that spot his. We have disputed with the landlord about this and he simply said to have anyone towed if they park there. Well, someone parked there and he had them towed. That person filed suit but my fiance couldn't make it because his job wouldn't let him out of work that day. He tried to reschedule but they wouldn't allow it. The person who parked there was visiting another tenant. They don't really know who called the tow company. They didn't see him do it and he didn't admit to it. The tow company doesn't know who called either. The tow company just says that they got a call from someone and they went to pick up the car. Now that my fiance couldn't make it to court, the judge rulled over $400 for my fiance to pay for tow expense and damages to the car that he didn't cause.
What are his rights in this situation? I know he can appeal which he will right away but if it cannot be proven that he had the car towed and physically caused damage by himself or anything that belongs to himself how can this ruling be right?
What do we need in order to prove our case?
Thank you
Jen
I should also mention that the plaintiff sued the tow company for the damages to the car and my fiance for towing fees. However, the judge felt as though my fiance should pay the whole thing.
I don't believe the law was applied properly here.