WHO'S FAULT -car got towed because host's street was being resurfaced, but no one told me!

Bb5
Level 2
Petaluma, CA

WHO'S FAULT -car got towed because host's street was being resurfaced, but no one told me!

I rented an apartment on 5 th street in San Jose. When I spoke with the house manager, Irene I explained to her that I would be arriving late (after 10pm) on Wednesday 11/13//2019. I was attending training classes on Thursday and Friday from 8:30-5Pm at the Superior courthouse on 1st (about 4 blocks away). Irene told me that it was hard to find parking around the courthouse.

I told Irene that I would be walking, riding my bike or renting a scooter. She told me that I could leave my car out front, just not in their driveway, I parked directly in front of their house and saw a sign that said, "NO PARKING ON TUESDAY for street cleaner".

 

I made 2 trips to get my belongings, saw 2 men smoking outside and they watched me bring my stuff inside the apartment. In the morning, I left the apartment about 8:25am, saw a young man outside, he waved as I walked away and headed to the Superior Courthouse. After class, I walked back to the apartment. My car WAS GONE!!

 

I went to the front door of the apartment and the young man answered the door, I asked for Irene. He said hold on....an elder man (the Host's father) came to the door and asked why I was looking for Irene. I explained that my car was gone. He said, "she doesn't live here. what color was your car" I said Silver 4 dr. He said, ooooo yea I saw it being towed. I said "why?" He said, because our streets are being resurfaced. I said, why didn't anyone call me or tell me? How do I get it back? He said, "I don't know, call the police department". I said, " I'm not from here. No one told me that I couldn’t park there, and no one called me to tell me that my car was being towed". He said, "didn't you see the signs?" I said, "no, I did not see any signs. He said, " I'll drive around and see if there's any." He left in his van. I walked up and down the street and didn't see any signs that said that I could not park there.

 

When I returned to the apartment, the doors were closed, the lights were off, and the blinds closed. I knocked on the door, no one answered. I called Irene's phone number, she answered. I explained to her what had happened. She told me that she was in a car accident and broke her foot and could not climb the stairs and was staying with her mom, therefore, she wasn't aware that the streets were being resurfaced. I explained to her that I need to get my car asap, I was scheduled to be in class on Friday morning. She sent me a text with Autodesk's phone number. I called and it explained that the registered owner needed to be present to get the vehicle, reg must be current and a licensed driver must be present. I car belongs to my 86-year-old mother. I had to send my daughter to my mom's house to sign a letter stating that I could use her car then take my mom to a notary at 8pm, then she texted it me. I asked Irene for a ride, she said "I can't find anyone to give you a ride, guess you'll have to take uber". I called the fex ex store (they closed at 10pm), I took uber there and printed the documents and took an uber back to the apartment.

 

The next morning, I got myself ready, packed all my belonging. Called Lisa, the host back. I explained what had happened, she said "I'm sorry this has happened to you, please let me know if we can help." I said, "yes, you guys need to pay me back for everything that's happened". Lisa said, "no, we're not going to do that! You’re a licensed driver, you should have seen the signs. My brother is an UBER driver and he was there yesterday visiting my parents and he saw the signs. My nephew, Irene's husband saw the signs too.

 

I live in Washington DC, so I don't actually know what's going on there". I explained to her, that I had told Irene that I would be arriving late (after 10pm), would be leaving my car there because I was going to walk/ride my bike/scooter to the Superior Court (4 blocks), had seen 2 men outside smoking when I got there and 1 guy in the morning when I left for my training class...... NO ONE had told me that their streets were being resurfaced. When I booked your apartment, I specifically told Irene in a message on AIRBNB's platform that I would be walking, riding my bike or renting a scooter to the Superior Court house on 1st Street because I had class on Thursday and Friday.

 

I explained to Irene that I would be arriving late Wednesday evening after 10 PM, I read the entire manual from front to back, read all the notes and instructions that were left in the apartment and nothing mentioned not being able to park in front of the house or the consequences of having my car towed if I did. I explained to Lisa that I would not be checking out on Friday am until after I had my car because I did not have a place to leave all my belongings. She said, "I won't charge you for the extra day." I said, "COME ON, how could you? I have nowhere to take all my belongings". Lisa said, "well, I'm not paying for your car being towed!". I said, "ok, then I'll sue you due to your lack of communication". Lisa said, "do whatever you need to do". I said, "thank you Lisa! Goodbye". Lisa said, "Goodbye Lucy!".

 

I got a ride to the San Jose Police Station to get a release for my car then called uber to take me to the tow yard to pick up my car. I went back to the apartment and picked up all my belongings and sent Lisa and Irene a text, letting them know that I had left their apartment at 10:17am.

The SJPD charged me $122 for release from. $315 at the tow yard, $60 ticket and $30 for notary services, $20 for my daughter's gas, missed my class, 4 rides to and from fed ex & to the police station and tow yard and the fees at the fed ex store.

 

I'm not from this area, and no one mentioned their streets being resurfaced...….Host should of communicated that information to be. 

I was contacted by AIRBNB, a senior case worker. She asked me what it would take to compensate me for this situation. I said, I want my mom's credit card reimbursed all the charges involved in this situation. She called back and said that the host denied my request. She told me that she would talk to her supervisor and get back to me. On November 17, I received a message regarding the resolution....they offered 2 coupons worth $300 each (good for 1 yr.) and $150 refunded to my mom's credit card for a total of $750 and she stated that she has personally educated the host to help the guest with complete information about parking at the listing to avoid any such situation in the future.

 

I said "thank you for your offer, but I cannot accept that. I need to repay my mom's credit card. I would accept SJPD ($122 plus tow yard $315) for a total of $437 needs to be applied to my mom's credit card and the difference ($215) in an AIRBNB voucher plus the ($150) vouchers for my inconvenienced. But she discussed my request with her supervisor, and they could not compensate me at all.

8 Replies 8
Marie82
Level 10
New South Wales, Australia

@Bb5  sorry to hear about your case. This is one of the reasons I never offer parking, or extra to any guests regardless of what the situation is, as he takes 1 mistake to turn the whole situation ugly.

 

 

Kath9
Level 10
Albany, Australia

@Bb5 wow, that is one detailed story. Looks like a case of he said/she said. According to the host, there were signs. But if there were really no signs (which is hard to imagine), your car being towed isn't the host's fault, and i completely understand her refusal to pay to get your car back. If you really want to sue someone, sue the city, not the host. And please don't leave a bad review for the host not paying for something that was in no way her fault. 

Branka-and-Silvia0
Level 10
Zagreb, Croatia

@Bb5 

 

So, basically, you accuse your host Lisa (who is in another state) and her building manager Irina (who is not living there and has a broken foot) of not telling you something that they didn't know. Even you didn't know and didn't see the sign and you WERE there so how could they know?

 

If the sign wasn't there (but according to Irina's husband it was) then you should dispute the charge with police, not with your host or Airbnb.

 

And it is not your host's fault if you travel on your mother's car without a signed letter stating that you can use it so why should anyone pay for expenses related to that?

 

Guests too often blame hosts for their own mistakes. You are not a child and your host is not your mother. You paid the room for yourself and not parking for your car and what happens on the street and with your car is not your host's responsibility.

Airbnb was generous and offered you some compensation even though it was not its fault, you should have accepted it and be grateful.

 

 

 

 

 

 

.

@Branka-and-Silvia0 

 

Thank You, that saves me from writing something.

 

Helen350
Level 10
Whitehaven, United Kingdom

@Bb5 Park on the street at your peril! The street is the public highway, you make a judgement as to whether it's safe to park there, & leave your car there all night & all day. If it goes wrong it has absolutely nothing to do with the host, you rent a room or suite from her, not the highway.

Mark116
Level 10
Jersey City, NJ

@Bb5 I'm 100% sure there were signs.  In fact, we just had our block resurfaced and there were signs about every 10 feet.  Admittedly, they would might be hard to see at night and if I had hosted anyone during such a time who was driving I would  have cautioned them about it, not left them to their own devices, since I find my guests have much trouble reading the permanent signs on parking, LOL. 

 

If airbnb offered you $750 you were insane not to take it.  You can never win such a case in small claims court ever.

Paul154
Level 10
Seattle, WA

Welcome to California.

Your beef is with the City. They towed your car, they did not put up signs.

Sue the city.

The host does not own the public street.

No host wants their guests cars towed away. If she knew this was going to happen, she would have told you. 

 

I am a host and I Airbnb an apartment I am not seeing everyday, so the advice she has given you would be standard. 

 

She is NOT responsible for anything outside of her Airbnb as she has no control. 

 

I can understand your frustration and Airbnb are feeling your pain, this is the only reason they are being kind to you with their offerings. Take the voucher!

 

“Sheet happens” to everyone!  Time to build a bridge and get over it!

 

The host is not at fault.