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Old 08-28-2013, 11:42 AM
 
Location: Wonderland
67,666 posts, read 60,184,669 times
Reputation: 100994

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Quote:
Originally Posted by Nayabone View Post
You don't know about small claims court, it isn't like TV. this case would never make it before a judge. The first thing that happens is small claims court is you are ordered to go to arbitration with the defendant where you show each other your evidence and see if you can settle the case. What evidence do you have to show the defendant to prove your case? You have nothing by your own admission. If you are unable to come to an agreement, the court will schedule another date for you to appear in front of a judge, with no evidence. It's time consuming, expensive, way too much paperwork, etc.
The valet company knows this, that's why they refused your claim. You will spend far more in money and tie off work than it is worth, with no guarantee you will collect a dime.
Even on the rare chance you would win in court, it's up to you to colect the money, the court can't make them pay. You would have to go through bundles of red tape to find out where their assets are and then file more legal paper for an attachment. The system is against you. I have lived the horror many times and going to court is a losing game. I hold paper worh several thousands dollars in judgement that I will most likely never collect. For your own peace of mind, bite the bullet and forget it or you will lose your mind. Next time you valet park, do what rental car companies do, walk around the vehicle with the attendant and have his sign that the car in not damaged when left in his care. Lots of trouble, but it is the only way.
Good luck,

You're absolutely right - it's not worth the time or effort to pursue it in small claims court. And believe me, I will walk around the vehicle, take photos, etc before and after using valet parking from here on out.

But nothing is stopping me from applying pressure in other ways, such as the BBB, the Attorney General, bad reviews online, complaints filed at the corporate level, etc etc. It may accomplish NOTHING, but at least I will feel like I didn't just suck it up and take it when they basically have accused us of lying - when they're the ones lying and someone there KNOWS it.
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Old 08-28-2013, 11:49 AM
 
Location: New Market, MD
2,573 posts, read 3,481,660 times
Reputation: 3259
Yes try to contact everyone you can. I hope they do something. Once I had the valet thing in one of the nicer hotels in SF. I saw how fast they drive to spot inside. They drive like they are on race track! Turn around car super fast!! I know they do park cars all day 7 days a week and so on but still. They don't even listen to you if you try to explain them something. When we bought our first hybrid long time ago I tried to explain how it worked and he was 100% confident that it's not a big deal. He parked it luckily where I could see it came out of the car and started to walk away. I had to tell him that car was still ON even though gas engine was off!! I avoid valet parking at all cost now.
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Old 08-28-2013, 12:20 PM
 
Location: Southern Arizona
9,593 posts, read 31,543,889 times
Reputation: 11708
Quote:
Originally Posted by KathrynAragon View Post
You're absolutely right - it's not worth the time or effort to pursue it in small claims court.
I'm gonna disagree with you on this one, KA.

Here in Arizona and previously in California, the Small Claims Court process is relatively simple and inexpensive (read: lawyers not allowed).

My suggestion . . . If you do decide to file, BE PREPARED. Have all of the details including names, the address, date and time of the incident including any significant points written down along with, if possible, the name of highest ranking man of the contract company as well as the hotel.

With any luck at all . . . the "other guys" will no-show and you'll win without even saying a word. Even if you lose, the satisfaction of the grief caused as well as the learning experience is well worth the effort and expense.

Once again, Good Luck.
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Old 08-28-2013, 12:21 PM
 
Location: Wonderland
67,666 posts, read 60,184,669 times
Reputation: 100994
Here is the letter I am thinking about sending them - probably need to shorten it...LOL!

Quote:
To Whom It May Concern:

This rejection of this claim is not good news. From your letter, quoted below:

"After evaluation of the facts, we can only conclude that there is no evidence provided to prove without
question that liability falls on Towne Park. There is no indication of negligence on the part of the Towne
Park employee."

What would someone have to do to prove WITHOUT QUESTION that our vehicle was damaged while under the care of Towne Park? Should we mount cameras on it 24/7? Hire a private investigator to sit and watch it while we sleep? Walk around the car before and after your attendant drives it taking time stamped videos?

Here's the bottom line: Self parking is not an option at your Hilton Garden Inn location. Therefore, our best option (or so we thought) was to use your professional valet services. When we dropped our vehicle off on Thursday night, it was not damaged. When we picked it up the next morning, it was damaged. We didn't drive, touch, see, or frankly even think about our vehicle between the time we dropped it off in your care, and the time we picked it up the next morning.

We know that we did not do the damage to our vehicle. We know that it happened while our vehicle was left in the care of Towne Park. We may not be able to "prove this without question," but we KNOW that Towne Park was negligent in this matter and due to your negligence, our vehicle sustained $2000 worth of damage.

We're sorry that you apparently have a dishonest attendant, or that you are, for reasons unknown, apparently unable to provide a safe environment for the property of others, but those are issues that you need to address. It is not ethical for your company to force your customers to pay for your own negligence.

One further point - by refusing to admit that our vehicle was damaged while under your care, your implication is that we are filing a dishonest claim. We really don't appreciate that - ESPECIALLY since we KNOW that the vehicle was damaged while under your care. It's not just a guess - it's a reality.

We strongly suggest that you reconsider your position in this matter, contact your insurance company, or at the very least pay our deductible of $1000 (you may pay it directly to the repair shop). We have no intention of dropping this matter, and have already contacted our attorney. We will not hesitate to file complaints against your company with the Better Business Bureau, the Texas Attorney General, the Hilton, and anyone else we can think of. We will not hesitate to take further legal action. This is beyond monetary damage - it is a matter of principle.

However, if we can reach a speedy and fair agreement, we will take no further action against your company.

Please contact us with your decision as soon as possible.
I don't see how this can make things worse for us, since at this point they are simply refusing to acknowledge that they did this, and have not offered to pay our deductible either. What have we got to lose?
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Old 08-28-2013, 01:12 PM
 
469 posts, read 1,864,835 times
Reputation: 216
Quote:
Originally Posted by KathrynAragon View Post
Good points.

I wonder if our own driving records and our own credit scores (indicators of honesty) would be helpful? My husband was driving and has an EXCELLENT driving record, as well as a credit score of 810, not to mention a fantastic job where paying a deductible really won't hurt us significantly - whereas if the parking attendant wrecked a car, he'd probably lose his job. Which party stands to lose more if they're guilty of the damage?
This may not be your intent, but this comes of as pretentious, and that won't help your case at all. Truthful people and liars come in all shapes, sizes and income brackets. Presenting that type of evidence to the judge is saying "we have money and excellent credit so we have to be telling the truth". That's not a good look for anyone.

It sucks what happened. Reiterating what most people said, by leaving without noticing the damage, it's pretty much a closed case at this point. But it's you and your husband 's truck, and you feel a certain way about what happened, and I hope you get at least some resolve or satisfaction from this.
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Old 08-28-2013, 01:21 PM
 
3,743 posts, read 5,801,221 times
Reputation: 5446
Kathryn,
I admire your courage and tenacity.!! You have the time to fight this, if you go down, take as many people as you can with you!!!
Go Girl!!
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Old 08-28-2013, 01:22 PM
 
Location: Wonderland
67,666 posts, read 60,184,669 times
Reputation: 100994
Quote:
Originally Posted by bbguy05 View Post
This may not be your intent, but this comes of as pretentious, and that won't help your case at all. Truthful people and liars come in all shapes, sizes and income brackets. Presenting that type of evidence to the judge is saying "we have money and excellent credit so we have to be telling the truth". That's not a good look for anyone.

It sucks what happened. Reiterating what most people said, by leaving without noticing the damage, it's pretty much a closed case at this point. But it's you and your husband 's truck, and you feel a certain way about what happened, and I hope you get at least some resolve or satisfaction from this.
Right - I agree that it isn't something I'd use in a court of law, or to argue with the valet company. It's not a matter of having more money - though one reason why we have excellent credit is because we are very RESPONSIBLE about our lives in general, our obligations, etc. It's just where my mind was going - who is the more responsible party, the party more likely to be honest - the party who could pay for this and be fine, or the party who may lose their job over it?

It's like I told the Hilton manager this morning - "Look, I've been poor and I've worked low paying jobs before, and may again in the future for all I know. But we simply don't have much to lose by lying about this - and we would NEVER file a false insurance claim! Who has more to lose here by fessing up - the valet company or us? Our insurance rates won't even go up! This is a matter of principle!"
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Old 08-28-2013, 01:35 PM
 
Location: Maine
1,151 posts, read 2,022,728 times
Reputation: 1848
Well, if the Valet company submitted the claim to their insurance company, I wonder if that could be used to argue in court that they knew they were responsible for the damage.
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Old 08-28-2013, 01:43 PM
 
Location: Wonderland
67,666 posts, read 60,184,669 times
Reputation: 100994
Quote:
Originally Posted by CoastalMaineiac View Post
Well, if the Valet company submitted the claim to their insurance company, I wonder if that could be used to argue in court that they knew they were responsible for the damage.
That's an interesting point. I mean, why would they submit a claim?

That being said, I called my insurance company immediately as well -but only to tell them what was going on with a vehicle that they insure, and to tell them that I wanted them to try to arbitrate if the other insurance company refused to pay. So who knows?
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Old 08-28-2013, 01:46 PM
 
19,037 posts, read 25,112,413 times
Reputation: 25351
Quote:
Originally Posted by PullMyFinger View Post
Does Texas have a Better Business Bureau?

Quote:
Originally Posted by KathrynAragon View Post

But nothing is stopping me from applying pressure in other ways, such as the BBB
There are an incredible number of people who--for reasons that I will never understand--apparently think that the BBB has regulatory and/or punitive powers.
In reality, the BBB (frequently referred to as the Better FOR Business Bureau) is a private club that business owners can opt to join--for a fee.

Let's take two different scenarios:

>A consumer has a complaint against a company that is not a member of the BBB.
What will the BBB do?
They place your complaint in their records.
Period
End of story
Nothing else is done.

>A consumer has a complaint against a company that is a member of the BBB.
The BBB will contact the member company, and request that they satisfy the customer.
That is correct--request--not demand or compel the company to satisfy the complainant
They also ask the member company to provide them with copies of their communication with the aggrieved party.
If the company responds--even if their response is negative--then the BBB considers the case to be resolved, and there are no publicly visible black marks on the company's record.

If there are repeated complaints against a member company, then the BBB can take the strongest action of which they are capable, which is to refuse to accept next year's dues from that company. Because the BBB is a profit-making enterprise (regional franchises are actually sold, just like a fast food establishment), they are extremely reluctant to refuse to accept those dues, which are necessary for their business model. Yes, occasionally they will take this step, but it is rare.

Several years ago, Smart Money magazine did an in-depth study of the BBB, and their long, mostly negative article ended with these words:
"Few consumers are actually helped by the BBB"

Instead of wasting your time with the BBB, you may want to file a complaint with the Office of Consumer Affairs, which--as a governmental entity--DOES have regulatory and punitive power through the Office of The Attorney General.

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