My question involves court procedures for the state of: CT
Recently, the complex where I rent an apt. has required all residents who have cars to obtain, and display, a parking permit in their vehicles, for when the vehiles are parked in the parking lots (not on the streets). I actually like the idea. They made it clear to everyone that failure to obtain and disply a parking permit would result in the vehile being towed. Info on where to get the vehicle was given. The tow co. is not affiliated with the apt. mgmt co.; they are a seperate entity.
My vehicle was towed the other night. The permit had slipped in between the dashboard and windshield, and was only partially visible. When I got to the tow place, I pointed the half-visible permit to the driver, who the says, "well, I didnt know what it was." Which is BS. He then says, "and it's not hanging from the rearview, as it's supposed to be".
So, I'd like to know if I have a small claims case against the tow co.
First, I am sure that the mgmt co has the legal right to require permits. So, this is a non-issue. Second, I am sure they have the right to engage a tow co to remove any vehicles with no permits from the property.
So, my question concerns a partially visible permit. Does the tow co have the right to tow here? And do i have a shot at winning the case in S.C. court? I am a resident (I can prove that), I have a permit (I can show that), and I was not otherwise parked illegally (taking up two spots, or whatever). I feel that the driver claiming he didnt know what it was is not a good argument; he should have known, even tho he couldn't see the words "Parking Permit". The permit is medium green cardboard, and it's not like I had several other things on the dash, as I did not. Is it not incumbent on the driver to, when he sees one piece of green cardboard on the dash, assume that that's a permit?
Reason I do not hang the permit from the rearview, is that the rearview sits low, and the permit is large, and blocks a good deal of my view of the road. Safety first!
Thoughts will be appreciated. Thanks!