Legal Question in Traffic Law in Florida

Hi. Twelve days ago I went to a club (Acropolis) and parked in front of a Hess Express (gas station) next to the club, since there were no parking spaces outside the club. The parking space had no sign of being a tow-away zone, so I left my car there. When coming out of the club the car had been towed away. I went inside the Hess Express and asked the employee what had happened? She said she had called the towing company because I had left my car there. So I argued that there was no sign there. Then she said that there was a sign before I had parked there, but that it had been stolen or taken away 20 minutes before I had gotten there. I think she was making this up in order to justify her action. The following day I went to pick up my car and it cost me 160 dollars plus 20 dollars for a taxi. I was going to take pictures of the parking space the following day but was too busy with other things. The following days were similar: too busy to take the pictures. I finally went to take the pictures today (August 30) and found a big surprise: A tow-away zone sign. It is obviously new. The only evidence I have to support my claim is the testimony of my friend who was with me that night. It�s our word versus Hess Express� word. I don�t know if this evidence is strong enough to win the case if I were to take it to a small-claims court. What do you guys think? Do I have a chance of winning? I would be very grateful if you guys could give me your opinion.

Thank you and hope to hear from you soon.

Sincerely,

Esteban Lopez


Asked on 8/30/11, 4:20 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to contact a civil attorney about this. There are towing statutes that are supposed to prevent this type of abuse, but a civil attorney would know more than a traffic attorney such as myself. It sounds like you have a good shot, since they told you it was "stolen" earlier, I think a judge would find that to be suspect. Court is supposed to be your word against theirs so yes you have a chance.

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Answered on 9/06/11, 1:55 pm


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