Shady Paid Parking Lot and Tow Truck Practices
July 28, 2015 1:34 PM Subscribe
What's my father's best course of action here? His believes his truck was improperly towed from a parking lot.
Yesterday my dad had a meeting in a hotel in New Orleans. He parked his truck in a parking lot adjacent to the hotel and then paid for his parking space. It was one of those boxes where you take your cash, fold it in thirds, and slip it through a little slot that corresponds to your space. There's a little pusher that you use to shove the money through the slot. One of these things.
When the meeting was over, he found out his truck had been towed. The towing company says that he didn't pay, he says he did. It's a brand new, rather expensive truck, and I know my dad is not about to risk getting it towed in New Orleans over $20. Let's assume he paid.
After all the various fees (oversize load, after hours, etc), my dad had to pay about $350 to get the truck back. Today at work, he found out that two of his coworkers also had their vehicles towed from the same lot, and that they also claim they paid for parking, because that's just what you do when you park in lots in downtown New Orleans (everyone lives in suburbs of New Orleans).
Usually my parents and everyone else I know use lots where you get a ticket stub when you enter the lot and pay when you exit. The type of lot used yesterday does not provide a receipt or other proof of payment. My dad and his coworkers are livid and are talking about taking this to small claims court or getting local media involved. I told him that he's probably never going to see his $350 again and to have a beer and try to forget about it. My dad is an honest, hardworking dude with a deeply ingrained work ethic. I don't think he's going to drop it, so I'm trying to see what his best course of action here is. He's talking about small claims court.
If he doesn't drop the matter, what should he do?
Yesterday my dad had a meeting in a hotel in New Orleans. He parked his truck in a parking lot adjacent to the hotel and then paid for his parking space. It was one of those boxes where you take your cash, fold it in thirds, and slip it through a little slot that corresponds to your space. There's a little pusher that you use to shove the money through the slot. One of these things.
When the meeting was over, he found out his truck had been towed. The towing company says that he didn't pay, he says he did. It's a brand new, rather expensive truck, and I know my dad is not about to risk getting it towed in New Orleans over $20. Let's assume he paid.
After all the various fees (oversize load, after hours, etc), my dad had to pay about $350 to get the truck back. Today at work, he found out that two of his coworkers also had their vehicles towed from the same lot, and that they also claim they paid for parking, because that's just what you do when you park in lots in downtown New Orleans (everyone lives in suburbs of New Orleans).
Usually my parents and everyone else I know use lots where you get a ticket stub when you enter the lot and pay when you exit. The type of lot used yesterday does not provide a receipt or other proof of payment. My dad and his coworkers are livid and are talking about taking this to small claims court or getting local media involved. I told him that he's probably never going to see his $350 again and to have a beer and try to forget about it. My dad is an honest, hardworking dude with a deeply ingrained work ethic. I don't think he's going to drop it, so I'm trying to see what his best course of action here is. He's talking about small claims court.
If he doesn't drop the matter, what should he do?
I'd find as many people as I could and see if any local TV news stations have an "on your side" sort of segment.
posted by straw at 1:51 PM on July 28, 2015 [9 favorites]
posted by straw at 1:51 PM on July 28, 2015 [9 favorites]
I don't see why he can't take it to small claims court. If he can show that the lot is deliberately set up to never give a receipt, then it's basically their word against his. If he can find other people saying that this happened to him (especially if he can find people unconnected to him on facebook/yelp/etc as well as his co-workers) then surely it's possible for the judge to decide the company hasn't proved he owed the money.
IANAL, etc.
posted by the agents of KAOS at 2:02 PM on July 28, 2015 [3 favorites]
IANAL, etc.
posted by the agents of KAOS at 2:02 PM on July 28, 2015 [3 favorites]
Sounds to me like someone's hit on a perfect scam. Offer parking, no way to prove you've paid, split proceeds with towing company.
Call every local media outlet you can find.
posted by feckless fecal fear mongering at 2:04 PM on July 28, 2015 [6 favorites]
Call every local media outlet you can find.
posted by feckless fecal fear mongering at 2:04 PM on July 28, 2015 [6 favorites]
I would think this would be bad for the hotel as well... ?
I think the best bet would be to get a news organization to:
- check into ownership/tenancy/relationships of the parking lot, hotel, and towing company
- put up a hidden camera to see if people stop by the payment device and still get their vehicles towed
- look onto other lots serviced by this towing company
posted by zennie at 2:05 PM on July 28, 2015 [6 favorites]
I think the best bet would be to get a news organization to:
- check into ownership/tenancy/relationships of the parking lot, hotel, and towing company
- put up a hidden camera to see if people stop by the payment device and still get their vehicles towed
- look onto other lots serviced by this towing company
posted by zennie at 2:05 PM on July 28, 2015 [6 favorites]
Is the lot a member of the Better Business Bureau by any chance? They technically have no legal standing, but businesses are terrified of them if you get them involved.
That said, I'd definitely go to local media. WDSU's I-Team would be all over this. It looks like Travers Mackel is doing the investigations now, you should email him.
posted by radioamy at 2:26 PM on July 28, 2015 [1 favorite]
That said, I'd definitely go to local media. WDSU's I-Team would be all over this. It looks like Travers Mackel is doing the investigations now, you should email him.
posted by radioamy at 2:26 PM on July 28, 2015 [1 favorite]
I would sue both the lot company and the tow company in small claims, in the same case, to get everybody in the same room to provide evidence about how they knew you didn't pay.
posted by rhizome at 2:35 PM on July 28, 2015 [1 favorite]
posted by rhizome at 2:35 PM on July 28, 2015 [1 favorite]
Small claims court exists for exactly this type of problem. It costs a few bucks to get into the game, but if he is calm and prepared to present evidence, he can win.
posted by mmf at 2:41 PM on July 28, 2015 [1 favorite]
posted by mmf at 2:41 PM on July 28, 2015 [1 favorite]
Well provided it's a legitimate parking box and not a scam (set up by an individual with no ownership rights to the lot), there has to be some sort of record keeping going on. Does the towing company have an agreement with the lot? (Easily noticed by the signs posted on the property regarding illegally parked cars). If so, what steps were taken to verify that the cars towed had not, in fact paid, or was a call placed to the tow yard to specifically mention the cars.
Obviously, with this type of parking situation (no receipt or human to verify transaction) a tow company with an agreement would need some reason to tow certain cars and not others.
Check for any poorly posted rules... What are the rules of the parking lot, if any? Any operating hours or zoning restrictions? (Residents only, perhaps?)
If there are no rules, you'll probably need a lawyer (or legal letterhead) or a media inquiry to get the tow company to release how and why the tow occurred, including what steps they took (or didn't take) to ensure whether payment was made or not.
posted by Debaser626 at 2:41 PM on July 28, 2015
Obviously, with this type of parking situation (no receipt or human to verify transaction) a tow company with an agreement would need some reason to tow certain cars and not others.
Check for any poorly posted rules... What are the rules of the parking lot, if any? Any operating hours or zoning restrictions? (Residents only, perhaps?)
If there are no rules, you'll probably need a lawyer (or legal letterhead) or a media inquiry to get the tow company to release how and why the tow occurred, including what steps they took (or didn't take) to ensure whether payment was made or not.
posted by Debaser626 at 2:41 PM on July 28, 2015
How much of a PITA do you want to be here? Have a lawyer send a consumer class action notification. Request access to the company's financials so that an auditor can identify potential litigants who were damaged by a company's systematic practice of not providing receipts/verification.
This is a cash business and they do not want to hand over their books.
Settle for the $350+legal fees.
posted by 26.2 at 2:53 PM on July 28, 2015 [4 favorites]
This is a cash business and they do not want to hand over their books.
Settle for the $350+legal fees.
posted by 26.2 at 2:53 PM on July 28, 2015 [4 favorites]
I would suggest that your father, together with his coworkers, should send a polite note to the hotel about it, basically letting them know that their neighbours are scamsters. Don't phrase it in any way that suggests the hotel is at fault or should themselves provide compensation, just that they might want to steer their guests away from that lot in the future. The hotel likely is responsible for a good chunk of the lot's business (even if they don't actually endorse parking there, they're at least not actively warning their guests away) - and the lot owner might offer to set things right to stay on peaceful terms with the hotel.
posted by kickingtheground at 3:05 PM on July 28, 2015 [2 favorites]
posted by kickingtheground at 3:05 PM on July 28, 2015 [2 favorites]
These are called honor boxes. There was a class action lawsuit filed in Boston over them. But keep in mind that thieves have also been known to fish money out of such boxes.
posted by megancita at 3:08 PM on July 28, 2015
posted by megancita at 3:08 PM on July 28, 2015
If you have the name of the tow company, do some googling for your Dad. I used to live in a college town with terribly unscrupulous tow companies, and their reputations were pretty clear from dozens of online reviews. If he decides to pursue anything in court it might help to know their reputation and how long this has been going on.
posted by MsMolly at 5:28 PM on July 28, 2015
posted by MsMolly at 5:28 PM on July 28, 2015
If this was a lot ticket i'd say to challenge it, but you will never EVER get money back from a towing company, nor will you ever come up with a solution that costs less than whatever they want to charge you. Towing companies are the scammiest things to exist in modern times as far as i'm concerned.
I came in here ready to write a thing about how i've challenged private lot tickets(and also flat out refused to pay more than a few without any consequences) but towing companies are a whole other beast.
Whatever you do, you're going to have to just pay the lot and try and recover later(like he did). And somehow it always feels like the deck, and the law, are stacked in the towing companies favor. I know people who have had their cars horribly damaged by towing companies, or broken in to and robbed at their "secure" storage lots, and had utterly no recourse and just lots of wasted time.
I like the contacting the hotel and media ideas, but lawyering up always seems like a black hole.
posted by emptythought at 1:33 AM on July 29, 2015
I came in here ready to write a thing about how i've challenged private lot tickets(and also flat out refused to pay more than a few without any consequences) but towing companies are a whole other beast.
Whatever you do, you're going to have to just pay the lot and try and recover later(like he did). And somehow it always feels like the deck, and the law, are stacked in the towing companies favor. I know people who have had their cars horribly damaged by towing companies, or broken in to and robbed at their "secure" storage lots, and had utterly no recourse and just lots of wasted time.
I like the contacting the hotel and media ideas, but lawyering up always seems like a black hole.
posted by emptythought at 1:33 AM on July 29, 2015
Did he pay for any of this with a debit or credit card? If so, he could pursue a chargeback...
posted by Juffo-Wup at 1:15 PM on July 29, 2015
posted by Juffo-Wup at 1:15 PM on July 29, 2015
Response by poster: No, it's strictly a cash business. My dad has filed complaints with the Better Business Bureau and several social media outlets, and it looks like he's going to march this to small claims court. The company he currently works for is transitioning to new ownership, and part of his compensation package includes legal aid, so once that's available he's going to see what else they advise.
posted by spikeleemajortomdickandharryconnickjrmints at 6:36 AM on July 30, 2015
posted by spikeleemajortomdickandharryconnickjrmints at 6:36 AM on July 30, 2015
This thread is closed to new comments.
What he can do is make a stink about it. Look up the lot and see if it's listed on Yelp or other places online (plenty of parking lots are) and leave negative (honest, dispassionate) reviews. If the lot isn't listed on Yelp, MAKE a listing. Encourage his friends with the same experiences to also post negative reviews of the lot. If the lot is owned by a company (rather than an individual), find them on BBB and make a complaint there as well. If the lot is owned by a big company, they may even have a facebook page. Another place to complain!
But yeah, he's never getting that $350 back. Sorry.
posted by phunniemee at 1:45 PM on July 28, 2015 [2 favorites]