Exactly who had what rights to do what is difficult for a lawyer to work out, let alone us wanna be lawyers. Especially as we don't really have all of the facts, circumstances and knowledge of the local laws etc.
The Questions I would ask are:
- Of the wifes involvement
- Did the wife (as only a joint owner of both the property and the bike) have the right to have it towed away?
- Did the wife act reasonably. That is did she give her husband specific notice that she was going to have the bike towed away?
- Of the Towing Company's involvement.
- Do towing companies not have a responsibility to make reasonable checks before taking away someones vehicle?
- Does the towing company not have a responsibility to do what it can to ensure a reasonable price and is 8.3% a reasonable price?
- Of the husband.
- Even if he was the victim, would he not have had a responsibility to mitigate his losses? ie. pay the $250 and then fight for the return of his money?
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