If I removed a boot from a vehicle in a private lot because it was installed improperly, can they still charge me the boot removal fee?

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If I removed a boot from a vehicle in a private lot because it was installed improperly, can they still charge me the boot removal fee?

A family member parked in our private lot using my parking pass; the pass fell off the window because it was attached to a GPS holder. They booted the vehicle but upon inspection all the bolts on the boot were loose and I was able to remove it. They are trying to persue me for the boot fees and a new boot totalling $600. I did not admit to removing the boot and I don’t believe they have any evidence that proves that.

Asked on April 18, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it seems that you have a defense with respect to the boot placed on the vehicle since it had a valid parking pass but it had fallen off a mount and was not able to be visibly seen.

The boot should be able to be re-assembled easily from what you have written. You can be charged the boot fee but I would contest it if it goes further since you have a valid parking pass that was not able to be easily seen from the vehicle and the boot can be re-assembled without too much difficulty. Most importantly, the person trying to charge you the fee seems to not have the evidence that you did not have the proper parking pass.


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