What is the name of your state? CA
Hi. On Thursday at 7:30 pm I parked in an unmarked parking space in my apartment complex. The posted rules state "No parking in open spaces over 72 hours or in numbered reserved carports. Vehicles in violation of the the foregoing will be towed away at owner's expense." I was towed on Saturday at 11 am (apparently a notice was placed on my car on Friday morning at 9, but did not see it, as I was carpooling that day). When I went to the rental office, I was told that I had parked in space #138, even though the number sign was missing from that particular space, having fallen off some time ago (I've routinely parked in this and similarly unnumbered carports in the past, without incident). Though sympathetic, the employees claimed that I should have inferred that this was a numbered space since its neighbors are spaces #137 and #139 (though space 137 was occupied at the time and I couldn't have seen it even had I thought to check for such a thing; also, many of the spaces in the lot are numbered non-sequentially (though as it turns out, not in this particular section)).
The manager says that he will speak with his supervisor on Tuesday about the possibility of reimbursing me for the tow, though his opinion was that it was unlikely. It seems to me that my complex is pretty obviously at fault for not having marked the space as reserved, though I would hate to have to go through small claims or mediation. Is there any relevant precedent I can provide him with to make my case more compelling? (I've already looked over the vehicle code).
Thanks.
Hi. On Thursday at 7:30 pm I parked in an unmarked parking space in my apartment complex. The posted rules state "No parking in open spaces over 72 hours or in numbered reserved carports. Vehicles in violation of the the foregoing will be towed away at owner's expense." I was towed on Saturday at 11 am (apparently a notice was placed on my car on Friday morning at 9, but did not see it, as I was carpooling that day). When I went to the rental office, I was told that I had parked in space #138, even though the number sign was missing from that particular space, having fallen off some time ago (I've routinely parked in this and similarly unnumbered carports in the past, without incident). Though sympathetic, the employees claimed that I should have inferred that this was a numbered space since its neighbors are spaces #137 and #139 (though space 137 was occupied at the time and I couldn't have seen it even had I thought to check for such a thing; also, many of the spaces in the lot are numbered non-sequentially (though as it turns out, not in this particular section)).
The manager says that he will speak with his supervisor on Tuesday about the possibility of reimbursing me for the tow, though his opinion was that it was unlikely. It seems to me that my complex is pretty obviously at fault for not having marked the space as reserved, though I would hate to have to go through small claims or mediation. Is there any relevant precedent I can provide him with to make my case more compelling? (I've already looked over the vehicle code).
Thanks.
