Had A Car Towed Out Of My Space, What Comes Next?
Hi there, Location: Indiana
We are on the aftermath of that snow storm in our area, and after spending 48 hours overnight at my animal care facility to make sure the animals had someone to tend to them (did not want my employees driving in through the snow) I finally got to go home Monday.
When I arrived in my apartment complex I saw my space was snowed in. I parked in a temp guest spot, got out and shoveled my space and parked my car. Later that night I had to run an errand and pick up my roommate. When we came back there was a car in my space that I did not recognize.
Car did not have a tag hanging from the mirror about their parked space, I did not recognize it as one of the neighbors and all our spaces are assigned. Every unit gets 1 assigned space, and for every 4 assigned spaces there are two guest spaces.
My guess is this person did not want to shovel a clear spot and took my space. Normally I usually write a message and leave on their windshield about not parking there again but given it was 11:30 at night, and I had literally just shoveled that spot that day, and it was my assigned spot... I decided to call a tow company to come get them. This was after I got out and knocked on my neighbors doors, only one answered and confirmed it wasn't her car.
I showed my lease paperwork and spot tag with the number on it to the tow company when they arrived- who took pictures, then hauled the car away.
Now my roommate today is getting her car towed (battery dead, shes in a guest spot) and the apartment complex came out to stop it from being towed from a guest spot but she explained to them it was her own. She talked to the tow guy saying they might be a little on edge since I had a car towed from last night, and the tow guy says I could be sued because there is snow on the ground covering my number.
What steps should I take in advance to protect myself if the owner of the towed car tries to sue?
-I provided my parking tag, leasing paperwork to prove I belonged there
-The car may not even be from this neighborhood (or at least street) as I did not recognize it, and was not in a guest spot.
-I notified via email to the apartment complex who actually encourages us to tow.
Additional; I came to the front office once before asking about a truck in my spot earlier in the year and their response was 'Indy Tow Pro' and added 'though you could be nice and ask first or we can try to find out who it belongs to'
This was their email back to me today "Of course, everyone has assigned parking spaces and we do our best to advocate for respect between residents. However, when the snow is really bad and preventing people from being able to see parking spaces, markings, and there is limited availability in the parking lot, we ask you to exercise patience and leniency with your neighbors until the snow melts." to which I reiterated it was nearly midnight with no other option for myself (other than stealing another person's assigned spot across the street).
Tldr; I towed a car out of my assigned parking space since it was nearly midnight and snow everywhere. What should I expect if they choose to sue for cost of tow/storage/ect?
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