Hi all, I know this is a bit off-topic but seeing as I'm in the SoCal area and need SoCal help, I thought I'd post here.

I got the "Boot" last night put on my MINI, apparently I forgot to pay a parking ticket... OK, fine, so I pay it and the stupid "removal" fee to get it off the car. Once off, wouldn't ya know it, the damn thing scratched my wheel. They're stock 16" 5-stars with Goodyear run-flats. Two of the spokes have noticeable damage... I've had this car a month so far and I'm not going to just say "oh well, it was my fault in the first place... blah blah blah".

I have no problem with the unpaid ticket... and no problems with actually getting the boot, BUT, that does not justify them scarring the car... the boot has a protective rubber/plastic surround that's supposed to prevent permanent marring... and it worked on 3 of 5 spokes (congrats to the designer) but I'm left with two that are scratched. These scratches are not just surface rubbing/scuffs, they are like mini-teeth marks into the wheel itself. Initially all 5 spokes were marked up, but with some buffing the other 3 came out fine.

Now I realize this is a nitpick and a bit ****... but it's the principle of it all that really bugs me. I take VERY good care of my car and my fellow tenants would testify that I'm down there 4 days out of 7 cleaning/waxing/polishing... So what legal recourse do I have off the top of your heads????

Here's what I have going so far:

1. The security guard was informed before taking the boot off, that if there were any marks, they'd be hearing from me or an attorney (he just laughed and said I could do "whatever I want...&quot
2. After the boot was off, they had me filling out paperwork/receipts, nowhere on the receipts did it say "we're hereby exonerated/indemnified against any and all damages to vehicle, etc etc)
3. I drove to the top level of my parking garage and saw that the security guard was still there, I stopped and informed him that the boot had scratched my wheel (he laughed again and said, no, it was there before)
4. When he initially arrived I asked if he was the one who'd put it on the car (he said no, he wasn't on duty) so if that is the case, how could he know that the scratches were already there???
5. I complained to my property manager who is not linked with the security company
6. I tried complaining to the security company via phone and the "manager/administrator" won't be on duty till later today
7. The notice that was put on my car informing me of the amount and warning me not to remove the boot myself has this at the bottom in fine print: "The registered owner of the vehicle is responsible for the unauthorized removal of or damage of the immobilized device. Tampering with or the theft of the immobilization device constitutes a violation of the law (criminal - grand theft and violators will be prosecuted)." In my mind (perhaps because I'm pissed) I read that as saying if I take off the device without paying (i.e. with a saw or plasma torch) that it's my fault for screwing the car up AND I have to pay for the device/boot... but since this is an "authorized" removal of the device THEY should be the ones at fault.
8. I have digital pictures of the wheel before the scratches, though they aren't nearly in detail enough to see if there were scratched to begin with. I only have witnesses that can testify to the fact that the wheels were not scratched/marred at all.
9. I have digital pictures with the scratches now on there... the photos are pretty weak in really showing the depth of the scratches, in person they're obvious on inspection.

I can just hear the manager/administrator of the parking company telling me that I'm stuck with them and that they're automatically not at fault since it was my fault initially that the boot was put on there. My goal is to get a new wheel out of these guys or to have it professionally repaired. These wheels are on sale in the marketplace forum with emphasis on the fact that they're in mint condition... this is obviously no longer the case.

Does anyone know an attorney or someone I could speak with about this legal matter? I'm thinking that I'm going to have to go to small claims court to press these guys into doing the right thing.

Thanks for the help, sorry if this is in the totally wrong forum.

orb

 

you can probably get off a lot cheaper just having the wheel repainted by a respected company. Most of the time including shipping it is anywhere from 50-125$. It is not worth your time. I have cars in my family with massive curb marks that they fix no problem. Sorry I hate to have to tell you that. It always seems like the *********s get off scott free.

 

Orb,

Sorry to hear of your problems with the boot, but I think that you'd be best to just grin and bear the cost of repair yourself for the following reasons.

1) By not paying your parking citation in a timely manner, you started the process rolling, which resulted in the booting of your MINI. That is to say you were not an innocent improperly injured. If you were mistakenly booted because the folk misread your license plate, etc. you would have a better ground to recover. (Although if there was a clerical mistake that identified your vehicle as an offender and upon which the police properly relied, you would probably still be out of luck.)

2) Traffic violations are generally not criminal in nature, however, the old addage that the King can do no wrong, nor can his henchmen does apply. There is most assuredly some form of immunity that the municipality provides for those who properly boot offending vehicles.

3) The booters were just doing their jobs (within the scope of their employment), and unless they could be shown to be grossly negligent (a higher standard of proof than being just ordinarily negligent) your going after them will only result in more pain and suffering to you (read attorney fees and court costs).

Remember, don't sweat the small stuff, and this is small stuff.

 

Yeah I had a good nights sleep last night and am considerably more *cooled* off than I was yesterday. It does **** me off still, but looking at the scratches now, I can see that this will be a bit like peeing in a celing fan trying to get anywhere with it all.

I'll be mindful in the future not to just chuck the parking ticket in the glovebox (as I did with this one).

Thanks for the advice guys I definitely appreciate it!

Sorry to have sounded like a whiny lil' baby!

orb.

 

Yeah man, that's a bummer situation. I agree, you may be better off just taking the loss and moving on