Legal Question in Real Estate Law in Virginia

I went to a restuarant (Apple Bee's) located in Victorian Square shopping center. Apple Bee's shares the parking lot with other businesses in the shopping center. All the spots directly in front of the building were taken except for the handicapped spots. All the availible spot directly beside were full as well. Some of the parking spots directly beside, are marked for carry out orders only. Unable to park in those two areas, I parked in a parking place relatively close to the building and in the same shared parking lot. The spot I parked in was less than 50 yards from the AppleBee's building. When I came out of the restaurant my car had been towed. The signs posted state cars left after business hours will be towed at owners expense. I called the tow company posted. I spoke with the owner of Smart's Towing Inc. He said that I was not parked in the "Applebee's" section of the parking lot. Saying that Applebee's only has the row directly in front and directly beside. The owner of the tow company said that the business I had parked infront of was closed before 12:00am. (Which is exactly the time written on the service ticket.) I requested to pick my car up right away. The owner of the tow company first said he didn't think I'd be able to get my car back that night. I waited to get my car until 3:30am. I had an Applebee's employee with me who was able to verify that I was indeed in the restaurant when my car was towed. The tow company employee first asked if I was going to pay with cash or charge. I said charge. He spoke with the owner on the phone then said, he was instructed to only except cash from me? Requiring me to leave and find an ATM. This was not told to me earlier when I spoke to the owner. Having waited 3 and a half hours for the man to show up and collect his money I could have easily gotten that money before hand. The employee who released my car to me said he's never been required to except only cash before. I asked that he mark my receipt with "Made to pay cash" which he did.


Asked on 9/05/09, 1:18 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, if your car was wrongfully towed by this predatory towing outfit , sue the SOB's in the small claims court of the locality involved for your damages and recoverable costs.

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Answered on 9/10/09, 3:36 pm


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