Do I have a leg to stand on?

[Bubba2357]

What is the name of your state? California

Hi,


My wife, while out shopping had our car break down in the stores parking lot. I went the next day to fix the car but was unable to.
I went in the store and told the manager that I could'nt fix it there and needed to have it towed to my house and that I would have it moved no later than the next day, And specifically asked him NOT to tow my car. He said that would be fine. I thanked him and left. The next day when I go to get my car with a tow truck it was gone. They had it towed. My question is:
Did'nt I have a binding verbal agreement with the store managment and, should the store be responsable for getting my car out of impound? As of today the charges are $485 and go up $25 a day
Also, would I have a leg to stand on should this go to arbitration or civil court?

I would have to go back and check but, I dont remember seeing any signs about private property or vehicle towing.

 

[stephenk]

how long has the car been in the tow yard? why didnt you pay to get it out as soon as possible?

What did the manager say when you told him that your car had been towed? How did you get the name of the tow company that took your car?

 

[Bubba2357]

It was 3-28 when it was towed.
I did'nt get my car because, quite frankly I did'nt\don't have the money to get it out.

When I saw my car was gone I went in and asked a clerk to call the manager to the front. The manager that came up was not the one I spoke to the day before.

I asked what happened she said (in a very condesending tone)"it was towed"
I explained that I had been there the day before and talked to someone else. I described the one I talked to and she told me his name.
I told her what was said between myself and him, And I wanted to know why my car was towed after I was told it would'nt be. She just gives me a blank stare.(no response)

I asked where my car was and she replied "call the police dept" she then turned and walked away from me. I called the police and they told my where the car was.

That was the last communication I had with the corporation. I have set many letters to customer service\complaints dept. and recieved auto-resonder messages that confirmed they recieved it, But to this date they have done nothing to even attempt to clear this matter. Not an I'm sorry, tough luck or anything.

 

[JETX]

"Did'nt I have a binding verbal agreement with the store managment"
*** Possibly, but that is likely irrelevant. The problem is... was the lot OWNED by the store or does the store lease their space. If the store leases their space, then they have no rights to grant permission on use of the lot. Only the owner of the parking lot (or lessee of the lot) would have that right. As for any 'binding agreement' with the manager, you would also have the problem of establishing that the manager had the right to enter that agreement (unlikely) and also that the agreement existed in the first place (very hard to prove). As you can see, there are valid major challenges to your claim of a binding agreement.

"and, should the store be responsable for getting my car out of impound?"
*** Based on the above.... the likely answer is, no.

"Also, would I have a leg to stand on should this go to arbitration or civil court?"
*** No. And even if you did, it would ONLY be for the amount owed at the time that you became aware of the towing and impound. Any subsequent daily charges would be to your 'account', since you have an obligation to mitigate the damages. By not retrieving the vehicle (and stopping the charges/damage), you would be responsible for the supplemental charges.

 

[Boxcarbill]

What is the name of your state? California

Hi,


My wife, while out shopping had our car break down in the stores parking lot. I went the next day to fix the car but was unable to.
I went in the store and told the manager that I could'nt fix it there and needed to have it towed to my house and that I would have it moved no later than the next day, And specifically asked him NOT to tow my car. He said that would be fine. I thanked him and left. The next day when I go to get my car with a tow truck it was gone. They had it towed. My question is:
Did'nt I have a binding verbal agreement with the store managment and, should the store be responsable for getting my car out of impound? As of today the charges are $485 and go up $25 a day
Also, would I have a leg to stand on should this go to arbitration or civil court?

I would have to go back and check but, I dont remember seeing any signs about private property or vehicle towing.

No you don't have a leg to stand on if this went to court or otherwise. You fail to state a cause of action on which relief may be granted. In order to have a "binding verbal agreement" that is an oral contract, there must be an exchange of consideration. No consideration; no contract.

 

[JETX]

Good point... and I overlooked that very simple fact in my attempts to get to the details.