Truck was towed from apartment parking lot

[Runawayjim1981]

What is the name of your state (only U.S. law)? Florida

I was staying over at my girlfriend's house one night. She was having car trouble, so we left her car at her work. She lives in an condo/apartment complex with assigned parking. I parked in her space, since her car was at her work, and because the few "guest" spots they have were filled with other residents' second cars/scooters. My car was gone in the morning, I called the police thinking it was stolen (brand new truck, 1 month old), they said it was towed. Called the towing company, they said they now "patrol" the lots looking for cars that aren't the make/model of the registered car. $220 later, I got my car, had to be cash, had to go to an atm, they failed to mention that on the phone. My girlfriend went to the management office this morning since they were closed on weekends, and they said we should have called the towing company stating that a different car would be in her spot. Which makes no sense because anyone could call and say they live there and a new car is in their spot. She does have a sticker saying she lives there, but there is nothing in her lease about moving the sticker from car to car, or calling the tow company.

The signs posted in the complex say "24 tow away zone. Unauthorized vehicles towed away at owners expense" Then the towing company name and number. There is nothing on the tow away sign about the sticker. Didn't my girlfriend "authorize" me to park there since I parked in her designated space?

Do I have a case in small claims court? If so - she sublets, do I sue the apartment complex who ordered the towing patrol, or the owner of her unit?

[Zigner]

You have no case.

[Runawayjim1981]

Thanks for the wonderful explanation. Could you possibly elaborate? There is nothing in her lease about the parking situation.

[moburkes]

Originally Posted by Runawayjim1981

Thanks for the wonderful explanation. Could you possibly elaborate? There is nothing in her lease about the parking situation.

The vehicle was unauthorized as long as it was parked in a resident's spot but didn't have the proper sticker.

[Runawayjim1981]

Originally Posted by moburkes

The vehicle was unauthorized as long as it was parked in a resident's spot but didn't have the proper sticker.

There is nothing in the lease that says I need authorization. The spot was not marked "resident," it had a number patinted on it, thats it (space 394). There is nothing in the lease stating that I needed a sticker or anything anything that said anything about reserved parking. There was nothing on the the sign stating that I needed a sticker. Sorry if I seem dense, but nothing I see in writing says I need a sticker. it just says authroization, and since it was her designated spot, she authorized me to park there.

[moburkes]

Please explain how the tow truck driver knew that you had authorization. What did you think the sticker was for?

[CourtClerk]

Originally Posted by Runawayjim1981

it just says authroization, and since it was her designated spot, she authorized me to park there.

The people who own the spot did NOT give you authorization to park there. In fact, they gave your girlfriend authorization to park there, with her vehicle. YOU... did not have authorization from the owners of the complex to park your vehicle there. Is space 394 your girlfriend's assigned space? How does she know that? Because the building (who owns the spot) told her...

Hence, you have no case.

[The Occultist]

You girlfriend does not have the authority to state who can park in the parking lot and in what spaces; whomever owns the lot has the authority to state who can park where, and your girlfriend's vehicle (and I bet you anything she gave her vehicle make/model as well as license plate number) was given the authority to park in the spot assigned to her, while your obviously different vehicle was NOT given permission to park there by the authority (that is, the owners of the lot) and thus was subject to tow. I'm sorry, but I do have to call a big "duh" on that.