Appropriate Notice as to Trespass

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  • Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,065
    113
    Lafayette, Indiana
    We finally had to break down and mark our downtown an office building in Lafayette. Having all kinds of problems with people parking at our parking lot and then going to different bars, restaurants, gyms, shopping, etc. I was finding all kinds of glass bottles, cans, cigarettes, half-eaten food in the parking lot and landscaping as well as live people who were sleeping it off in their cars the next morning in the parking lot.

    Got the signs up over lunch. Should provide plenty of notice.




    My question, what is a reasonable period of time before one should start towing? One weekend? One week? One month? 60 days?

    Say you thought a place was public parking and no one had told you that you could not park there and yet you were parking on private property, what would you think is fair to you?
     

    Kirk Freeman

    Grandmaster
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    9   0   0
    Mar 9, 2008
    48,065
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    Lafayette, Indiana
    Mickey, I hear ya, but we are attempting to be "tough but fair." :D

    I think some people have been using our lot and never consider that it may be someone else's property since no one has yelled at them.

    I don't relish having to do this but one cannot sleep on his rights. If you had been using a property as your own (unintentionally), what is enough notice?
     

    Kirk Freeman

    Grandmaster
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    9   0   0
    Mar 9, 2008
    48,065
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    Lafayette, Indiana
    Why is the lawyer asking us?

    Because the lawyer is polling the jury pool and does not want to lose good will with the community. Reasonableness depends on what others think is reasonable.

    Your input would be very helpful to us, horn.

    Hire an unemployed person to collect parking fees from non-tenants and use the profits to fund the office Christmas party.

    It's an office building full of lawyers and accountants. You have no idea how much snooty-brand scotch can be consumed.:D
     

    perry

    Master
    Rating - 100%
    2   0   0
    Nov 18, 2010
    2,036
    63
    Fishers, IN
    Why is the lawyer asking us?

    He's trying to find out what a decent person would do.. Joke's on him though :laugh:

    The party goers on the weekend.. no mercy. Tow this weekend. Folks during the week.. can you sticker the cars for a week or two, then start the towing?
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
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    Rating - 100%
    1   0   0
    Mar 22, 2011
    51,082
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    Mitchell
    Are these your friends/family/potential clients? If not, if you decided this was necessary, you might as well begin as soon as you're ready. If you feel obligated to be nice, put warning signs under their windshield wipers and note their license plate numbers so you can keep track of whom you've already warned.
     

    hornadylnl

    Shooter
    Rating - 100%
    1   0   0
    Nov 19, 2008
    21,505
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    Because the lawyer is polling the jury pool and does not want to lose good will with the community. Reasonableness depends on what others think is reasonable.

    Your input would be very helpful to us, horn.

    My input is I wouldn't put my place of business where parking is such a pain in the ass.
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    Mickey, I hear ya, but we are attempting to be "tough but fair." :D

    I think some people have been using our lot and never consider that it may be someone else's property since no one has yelled at them.

    I don't relish having to do this but one cannot sleep on his rights. If you had been using a property as your own (unintentionally), what is enough notice?

    Once you see the signs it is fair to say there has been notice given. Things change. Public parking goes private over night all the time around here.
     

    BigBoxaJunk

    Grandmaster
    Rating - 100%
    3   0   0
    Feb 9, 2013
    7,336
    113
    East-ish
    Are the signs visible from all the parking spots?

    If I were you, I'd wait a while and see if your problems persist and to what extent before I started to tow.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,458
    149
    Napganistan
    Do you have to pay up front for the tow? Or do you just call the police and they determine it's an illegal parking job and then tow?
    id wait a day. Then tow away!
    100% private property, police don't get involved...this is up to the property owner. Most tow companies that do these kinds of tows charge the owner of the car they tow. You have to pay the bill for them to release the car to you.
     

    KittySlayer

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 29, 2013
    6,474
    77
    Northeast IN
    Are these your friends/family/potential clients? If not, if you decided this was necessary, you might as well begin as soon as you're ready. If you feel obligated to be nice, put warning signs under their windshield wipers and note their license plate numbers so you can keep track of whom you've already warned.

    Like a good neighbor....

    Warnings on their windshield for a week and then start towing, keep track of their plate numbers too. Number the back of the warning and if you find it wadded up on the ground the matching plate gets towed immediately next time for being a jerk.

    Let the neighboring businesses know so they can warn their customers. Heck, those businesses may want to pay a fee for use of the lot during your off hours. Part of the deal should be their crew does cleanup too.

    Generally work out an arrangement with a tow company and you just call them directly. They tow the car off your property and then hold it hostage for their tow fee. The tow company will also report the license plate to the police and when they idiot driver calls in that his car is stolen they will tell the idiot which lot has his car. Once the tow truck is on the lot they will collect the tow fee from the owner even if they don't hook the car. You should not have to pay anything. If I have multiple cars I usually start with the nicest car first because the person driving the crappy car is likely in a position they cannot afford the tow fee so it becomes punitive rather than an inconvenience.

    You will likely find that after a few tows the word will spread pretty quickly. Now is a good time to break the freeloaders of the habit because no cars makes it easier for your snow plow once the snow starts falling.
     

    yote hunter

    Grandmaster
    Rating - 100%
    19   0   0
    Dec 27, 2013
    6,811
    113
    Indiana
    Are these your friends/family/potential clients? If not, if you decided this was necessary, you might as well begin as soon as you're ready. If you feel obligated to be nice, put warning signs under their windshield wipers and note their license plate numbers so you can keep track of whom you've already warned.

    +1 they've been given fair notice after that....
     

    MCgrease08

    Grandmaster
    Rating - 100%
    37   0   0
    Mar 14, 2013
    14,440
    149
    Earth
    Are you asking how long you should wait to start enforcing the policy after hanging the sign? Or how long someone must be parked there before being towed?

    I'd say in the first instance 48 hours would be sufficient. Maybe five business days if you're feeling real generous.

    As for how long someone must be parked... haul em away if they are there long enough for you to notice.
     
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