Legal Question in Civil Litigation in Maryland

Towing with out a just cuase

I was towed from a self-pay parking lot for which I payed.

This particular parking lot has a box which you stick you money in once you park. The box has designated slots for each parking space so that if you parked in lot 20 you would stick 5 dollars into the corresponding slot in the box.

I did exactly that and a couple of hours later my car was towed. I had to pay $200 to get it back back.

I don't have any proof that I payed. They don't give anything that would show that payment was made. I had a friend with me however when I payed for parking - that's it.

The towing company says its not their responsibility because they get contacted by the parking lot proprietor.

When I got to the towing company and explained my situation they mentioned that many people have been complaining about being towed even though they payed.

I have been unsuccessful in contacting the parking lot owner.

How do I get my money back if I have no proof? Was there a contract made?


Asked on 4/13/00, 3:39 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Towing with out a just cuase

Unless you can convince the owner to return your money, which is highly unlikely, your only recourse is to take him to small claims court. This is relatively simple but nonetheless time consuming. You can go to the District Court of Maryland in the county where this happened and go to the civil clerk's office. Ask for a complaint form and fill it out. You will need the legal owner of the lot's name--it may be a corporation--and his/her/its address. The clerk can explain how to serve the papers.

If you are able to serve him with the papers, I suggest you ask your witness to appear in court with you to back up your story since you don't have written proof of payment. If you get a sympathetic judge, you should get your money back, or maybe they'll decide to settle out of court. Good luck!

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Answered on 4/24/00, 5:18 pm


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