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Old 09-17-2007, 10:22 PM
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Join Date: Sep 2007
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Rights givewn to one regarding another's property


What is the name of your state? California

Sorry if this question has been answered before, but the search function isn’t working for me right now.

Today I rode my bike to a privately owned mall (although I suppose they all are, just wanted to be extra clear), and locked it up to what I thought was a bike rack. I come back around an hour later to find a slip (looked exactly like a citation) but was titled euphemistically “Parking Information”. It read exactly as follows:

“If you are a **** shopper, we welcome you and wish you the 24-hour monitoring systems at ****.

If you are parked illegally, this notice will serve as a warning against further parking violations. Repeated parking violations may result in the towing away of your vehicle, as posted in all areas of the parking lot.

If you are employee of one of the stores at ****, you have parked in a customer shopping space. All **** employees must park in areas designated by **** management. Convenient parking is reserved for shoppers.”

It goes on to cite the date, time, description of vehicle, etc and then, there was a description of the infraction “Not in designated space”

My question is a little complicated,
1. What gives someone the right to take someone else’s property, possibly indefinitely?
2. What gives someone the right to destroy property (ie. Cutting a lock/chain)?
3. Since this did not happen in a parking lot, and since there is no sign In eyesight of where I parked my bike, how am I supposed to inherently know these rules?

Obviously, the first two questions might sound absurd on a prudent level, but I am more interested in the specific legal code/law/ordinance/regulation that defines which rights are given to someone for anything that happens on their own property. This is really the part I’m confused about. It just seems like it is too vague and indefinite…

Thanks a lot for the help.
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Old 09-18-2007, 02:17 AM
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Join Date: Feb 2005
Posts: 4,310
You are a guest on their property, and while on their property, you must adhere to their rules. If you don't like it, don't go on their property. The law is on their side in this matter.

They were nice enough to give you a warning, so hopefully you have a better idea now of where you may lock your bike up from now on. If you are still not clear on the matter, give them a call and ask about it. I'd also go ahead and make sure to record the date/time you called and the name of the employee you speak with in case they happen to give some bad information and you're required to dispute a real cite.
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Old 09-18-2007, 01:07 PM
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I am assuming they took your bike, correct?

Quote:
Originally Posted by nckj22 View Post
1. What gives someone the right to take someone else’s property, possibly indefinitely?
What gives you the right to put your property where it doesn't belong?

If they have not returned your property, you can make a civil claim against them. There is no specific law permitting them to do this that I am aware of, but this is ostensibly a civil matter between you and the management of the mall.

Quote:
2. What gives someone the right to destroy property (ie. Cutting a lock/chain)?
See above.

Quote:
3. Since this did not happen in a parking lot, and since there is no sign In eyesight of where I parked my bike, how am I supposed to inherently know these rules?
Good question - and something you may want to ask them. On the other hand, perhaps what you chained it up to is NOT so obviously a bike rack to the rest of the world.

Ask them for your bike back and ask them to pay for a new bike chain/lock. If they do neither, call the police (they MIGHT be able to do something, depending on all the circumstances) and consider suing in small claims court.

Quote:
Obviously, the first two questions might sound absurd on a prudent level, but I am more interested in the specific legal code/law/ordinance/regulation that defines which rights are given to someone for anything that happens on their own property. This is really the part I’m confused about. It just seems like it is too vague and indefinite…
Well, if you lock your bike up in my driveway, I'm going to cut the chain and remove it, too. You don't have a right to lock up your bike where it does not belong.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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