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ExpertLaw Forum - Help With Your Legal Questions
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Yeah well if it was a private property there should've been a sign there saying that and that im not allowed to park there unless im patronizing one of the businesses
If there wasn't any signs there would be no way i could know that therefore they towed my car illegaly
But if they ask me im not even gonna admit that i wasnt patronizing any of the businesses
I'm just gonna say i went to dunkin donuts with my friend then i walked out and my car was getting towed
There's no way they could prove i wasn't there
There's no way you can prove that you were.
Especially if you weren't.
It doesn't matter if i was or not there was no signs there so there was no way i could know that im not allowed to park there
Actually genius, there is. Remember that spotter I mentioned was likely there due to the event? He/she will testify they saw you exit your vehicle and immediately exit the lot.
And depending on the format of the appeal hearing, you could be perjuring yourself. That would be a whole other kettle of smelly fish.
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So you went back and verified there was no visible signage anywhere?
Most states have laws, and in their absence most local units of government have ordinances, addressing this issue. Ideally, you'll learn something useful from the law department, or possibly from the city website if it starts working properly. In most jurisdictions this is easy - the business is either in compliance with a statute or ordinance requiring signage or it is not, and if not the driver generally has recourse under the statue or ordinance that was violated. In the absence of a signage requirement, it comes down to how a small claims judge might interpret and apply state law. I expect that the business or lot owner would argue that it's implicit that its parking lot is for customers and that people who use their lot without attending their businesses are trespassers. I cannot say how a judge in your state or municipality would rule on that question, as I don't see any authority on the issue, but I would be very surprised if there is no authority - I expect that there will be a long history of angry drivers alleging predatory towing practices.
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