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Car Towed

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alexandrianaz

Junior Member
What is the name of your state? AZ

I'm a 19 year old college student in Tucson, AZ, on February 15th my car broke down on the way home from school (about 9 at night) but I was able to push my car to the parking lot of an American Home Furnishings. They were closed when I left my car there.

The next morning I went to American Home Furnishings and spoke to an associate and his manager, they both said it was fine that I left my car there and I wrote down my licsense plate number and a description of the car so that it wouldn't be towed.


I called again on the 20th to confirm that it was still ok that my car was there and to let them know it was going to be about another week before I got the money together to get my car towed and fixed and they said that that was fine.


I went to American Home Furnishings yesterday to get a book out of my car to study for an exam I have this week to discover that they had had my car towed, I asked for a manager and there wasn't any manager available. The tow fee is now well over 300.00 (since they towed it a few days ago and I didn't find out until yesterday) Is this something that they could be responisble for since they gave me express permission to park on the property?
 


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seniorjudge

Senior Member
Q: Is this something that they could be responisble for since they gave me express permission to park on the property?

A: This is a joke, right?
 
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seniorjudge

Senior Member
alexandrianaz said:
What is the name of your state? AZ

I'm a 19 year old college student in Tucson, AZ, on February 15th my car broke down on the way home from school (about 9 at night) but I was able to push my car to the parking lot of an American Home Furnishings. They were closed when I left my car there.

The next morning I went to American Home Furnishings and spoke to an associate and his manager, they both said it was fine that I left my car there and I wrote down my licsense plate number and a description of the car so that it wouldn't be towed.


I called again on the 20th to confirm that it was still ok that my car was there and to let them know it was going to be about another week before I got the money together to get my car towed and fixed and they said that that was fine.


I went to American Home Furnishings yesterday to get a book out of my car to study for an exam I have this week to discover that they had had my car towed, I asked for a manager and there wasn't any manager available. The tow fee is now well over 300.00 (since they towed it a few days ago and I didn't find out until yesterday) Is this something that they could be responisble for since they gave me express permission to park on the property?
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According to your post, the nice folks at AHF put up with your trespassing for over a week.

You should write them a very nice thank you letter.
 
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badapple40

Senior Member
I think you can probably file a lawsuit against them for the towing fees.

You justifiably relied on their promise not to tow your car. This is the essence of promissory estoppel.

The claim would be breach of contract, with the promissory estoppel serving as the substitute for consideration.

All of that assumes that this store, or one of their employees, called in the tow. It may be that someone else (perhaps a landlord or even the police) called in the tow -- in which case the store did not break its promise to you that it would not have car towed. And you'd be out of luck.
 
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CameronNewport

Member
seniorjudge said:
According to your post, the nice folks at AHF put up with your trespassing for over a week.

You should write them a very nice thank you letter.
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If the OP had permission to park his car in that lot (which he claims he did), then he did not trespass.

Still, the "license" to park his car in that lot could have been revoked at any time. Of course, fair warning would probably need to be given.

OP: Did you give the manager your contact information?

badapple40 also brings up some good points.
 
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alexandrianaz

Junior Member
Yes, I did give them my contact information.

I have not yet received a phone call back from the manager, but the employee I spoke to was under the impression that her manager had had the car towed although she was not 100 percent sure. Also my car is in possesion of the towing company that AHF uses, leading me to believe that it was AHF that had the car towed.

Oh ya, I just wanted to say thanks to seniorjudge, CameronNewport, and BadApple40 for responding to my post, I just discovered this forum and I think it is so neat. I think that this website exemplifies (in so many ways) what makes America so freaking fabulous!

Ally :)
 
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