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Old 06-05-2001, 05:31 PM
ufgatorpa
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Angry

florida

i was towed from a marked visitor space while visiting a friend. i visit this place regularly and stop by the office each time to pick up a paper pass from the box outside the office. often, there are no passes in the box and the office is closed. because of this, i always save a pass to reuse and change the date on the old one when this happens so that i have a pass on the dash.

today i was towed and they cited "altered pass" as the reason. the posted parking rules make no mention of not being able to reuse a pass and make no mention of what to do when there are no passes and the office is closed. residents are not given passes to give to their visitors.

since the pass today was filled out completely with all the necessary information, i would like to know if it is legal to tow my vehicle at my expense based on my reuse of this pass? please keep in mind that these passes are not issued by anyone directly. the visitor simply goes to the box to get one and fills in the information in the proper areas. the towing company said that using an old pass, despite putting the correct date on it, constitutes parking illegally. they don't care that there were no new blank passes nor do they care that none of their objection is listed in the posted parking rules for the visitor to see.

since i have no proof that they had no passes in the box this morning, i want to know if i have a chance of recovering my money in court. it seems to me that the apartment complex has some fault due to the fact that their posted rules do not say anything about needing a new pass every day, not being allowed to change a date on the pass (what if i wrote the wrong date to begin with?), or what to do if no passes are in the box.

the management’s position, as you might expect, is that “of course there were passes! i always put passes in the box before i leave for the day.” even though they know the posted rules make no mention of needing a new pass every time to be valid, they feel very certain that i will not win against them. please help me find the fl laws that cover this situation and tell me if i have a case to argue in court.

thank you!
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