How to file a claim against a company for illegally towing a vehicle and for damages incurred during the vehicle’s removal?

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How to file a claim against a company for illegally towing a vehicle and for damages incurred during the vehicle’s removal?

My vehicle was towed from a private business parking lot. Although the lot posts a sign stating the lot is for business patrons only, I have a receipt for one of the businesses that is dated and time-stamped within the same hour that the vehicle was towed. The property management company FoxFire Mgmt. was hired by concord chamber of commerce to patrol the lots looking for violations, all of which is designed to influence people into parking in the City Parking Garages.

Asked on September 10, 2017 under Accident Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can send them a written demand letter for compensation, but if the don't voluntarily pay, your recourse would be to sue them for the cost to repair your car. You would show in court that you were a patron of the store and therefore the towing was improper; as such they would be liable for the cost. (They'd also be liable towing  carelessly or improperly: they should have been able to tow with causing damage.) You would sue the business, the property management company, and the tow company: one or another would be liable, so you name them all and let them "fight it out" in the course of the litigation over who pays what.


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