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Car Towed from Unmarked Valet Parking Lot

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  • 05-19-2013, 10:06 PM
    FalconCane
    Car Towed from Unmarked Valet Parking Lot
    My question involves a traffic citation from the state of: Florida

    Recently I went to go to downtown Hollywood and parked my car in a half filled parking lot with no signs indicating it is private property. Upon returning I noticed my car missing. Furious and about to call the police to report my car has been stolen my friend notices a bent over twisted sign indicating that the parking lot is a tow-away zone. There is only one entrance/exit to the lot from a one way street, and the sign was completely bent over and facing the wrong way, so as one enters, one would not see the sign. Upon calling the number of the towing company i learned that it was a Valet parking company's lot. There were no signs indicating that the lot was private property, nor was their an attendant or a sign indicating that the lot was private property as well. In fact, there is a sign at the corner indicating public parking in an adjacent tower next to the lot, but if one were to see a half filled lot with no sign of private property I entered the lot. The towing company has indicated to me that this happens a lot at the specific parking lot and the valet company knows of the "illegal parking" yet have not done anything to indicate that the parking lot is their private property. Should this be followed as a class action lawsuit? And if so, how would one go about finding others who were towed as well?
  • 05-19-2013, 10:49 PM
    Disagreeable
    Re: Car Towed from Unmarked Valet Parking Lot
    Wow, I'm going to Hollywood Florida and stake my claim on some of those unowned, paved, parking lots. If I register the property with the tax department and city, I bet I could rent them out. Maybe there are unowned houses and businesses I can get also.
  • 05-20-2013, 06:13 AM
    flyingron
    Re: Car Towed from Unmarked Valet Parking Lot
    Except in towns where there are local ordinances, there's no requirement for signs. A real property owner or lessee is free to have unauthorized vehicles towed without warning.
    Unless the lot is posted as public, you have to assume it is private. You just don't have the right to enter an arbitrary private property and park there.
  • 05-20-2013, 07:22 AM
    adjusterjack
    Re: Car Towed from Unmarked Valet Parking Lot
    You can try taking the valet company to small claims court for the towing fee.

    No way to predict how far you'd get but I suggest you go back and get photos of the entrance to the parking lot showing the problem with the sign.
  • 05-20-2013, 09:22 AM
    Mr. Knowitall
    Re: Car Towed from Unmarked Valet Parking Lot
    Quote:

    Quoting FalconCane
    View Post
    Recently I went to go to downtown Hollywood and parked my car in a half filled parking lot with no signs indicating it is private property.

    If you don't see a sign saying "This is private property", your assumption is that it's public land? In the absence of a sign you had no way of figuring out that this wasn't a public, municipally owned parking lot?
    Quote:

    Quoting FalconCane
    Furious and about to call the police to report my car has been stolen my friend notices a bent over twisted sign indicating that the parking lot is a tow-away zone.

    So the issue is not that the lot was unmarked, but that somebody apparently vandalized the sign.

    The statutory requirements for signage are described in Florida Statutes, Sec. 715.07(5). Had the sign not been damaged would it have met the statutory requirements? What did the lot owner or towing company say when you reported to them that the sign was damaged, and that's why you didn't notice it? Did you take a picture? Has the sign since been repaired?
  • 05-20-2013, 09:49 AM
    davidmcbeth3
    Re: Car Towed from Unmarked Valet Parking Lot
    d. The sign structure containing the required notices must be permanently installed with the words “tow-away zone” not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels.

    from the link that Mr. Knowitall posted .... small claims bound you are?
  • 05-21-2013, 03:55 PM
    FalconCane
    Re: Car Towed from Unmarked Valet Parking Lot
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you don't see a sign saying "This is private property", your assumption is that it's public land? In the absence of a sign you had no way of figuring out that this wasn't a public, municipally owned parking lot?

    So the issue is not that the lot was unmarked, but that somebody apparently vandalized the sign.

    The statutory requirements for signage are described in Florida Statutes, Sec. 715.07(5). Had the sign not been damaged would it have met the statutory requirements? What did the lot owner or towing company say when you reported to them that the sign was damaged, and that's why you didn't notice it? Did you take a picture? Has the sign since been repaired?

    It is now 4 days later,and the sign is still twisted and bent over making it too low to meet the statutory requirements.
  • 05-21-2013, 07:16 PM
    Mr. Knowitall
    Re: Car Towed from Unmarked Valet Parking Lot
    So take a picture. Meanwhile, please answer the questions.
  • 05-22-2013, 09:59 AM
    FalconCane
    Re: Car Towed from Unmarked Valet Parking Lot
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you don't see a sign saying "This is private property", your assumption is that it's public land? In the absence of a sign you had no way of figuring out that this wasn't a public, municipally owned parking lot?

    So the issue is not that the lot was unmarked, but that somebody apparently vandalized the sign.

    The statutory requirements for signage are described in Florida Statutes, Sec. 715.07(5). Had the sign not been damaged would it have met the statutory requirements? What did the lot owner or towing company say when you reported to them that the sign was damaged, and that's why you didn't notice it? Did you take a picture? Has the sign since been repaired?

    I went back during the day, and there was no sign saying "this is private property" and yes, I did assume it was private land. The towing company said that they are not responsible for their vandalized sign, and that the owner of the lot does not need to post private property. Referring to the Florida Statutes that you provided, the sign was not maintained as up until yesterday, 4 days later, it was still twisted and backwards. Today, driving by, the sign was twisted around, but I am unsure if it meets the requirements of being at least 3 feet high. I have numerous pictures and videos of the lot.
  • 05-22-2013, 11:51 AM
    Mr. Knowitall
    Re: Car Towed from Unmarked Valet Parking Lot
    If you agree that this was not public property, and assumed it to be a private lot, then you should have been wary about treating it as if it were public property. You would object, I assume, if somebody parked on your front lawn.

    If you do not believe that the signage is adequate, you can sue under the provisions of the aforementioned statute. You have the burden of proving inadequate signage so you had best take pictures and measurements - I suggest showing your measuring device in the photographs rather than simply telling the court, "These are the measurements I made."
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