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Am I legally obligated to care for the device you used to boot my car?

Posted on 5/7/21 at 12:40 pm
Posted by Y.A. Tittle
Member since Sep 2003
101390 posts
Posted on 5/7/21 at 12:40 pm
In New Orleans (and I'm guessing other places) a lot of private parking lots now have a system of booting illegally parked vehicles, where they allow you to pay the fine by phone upon return and they will remotely release the boot. There's little kiosks at the exit where you are presumably supposed to attach the boot on your way out. I think the idea is that it gets locked back in there.

To be clear, I understand the legal/logical/moral rationale behind allowing a private property owner to disable the vehicle of someone trespassing thereon, such that they have to pay a fee to have their property released -- booting.

What I don't get is, how the trespasser would then have a legal obligation to in any way properly take care of the device used to disable that vehicle, if the property owner or a representative is not present when it is removed. If the person booted, just tosses the boot aside after getting it removed, does the property owner have further recourse against the person booted if something happens to the boot because they didn't properly place it on the kiosk? Under what legal or moral theory?
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11806 posts
Posted on 5/7/21 at 12:42 pm to
Damage to property? And they have you CC number from when you paid the fine to release device?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 5/7/21 at 12:42 pm to
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64610 posts
Posted on 5/7/21 at 12:43 pm to
quote:

I understand the legal/logical/moral rationale behind allowing a private property owner to disable the vehicle of someone trespassing thereon, such that they have to pay a fee to have their property released -- booting.

Yeah frick all that.
Posted by chryso
Baton Rouge
Member since Jul 2008
11862 posts
Posted on 5/7/21 at 12:43 pm to
quote:

Damage to property?


He isn't saying you should damage the property. He is saying why is it your responsibility to return the boot to a certain location rather than just leave it on the ground in the parking lot.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35316 posts
Posted on 5/7/21 at 12:43 pm to
I bet they have terms and conditions by which they will charge your credit card again if the boot is not returned to the kiosk.
Posted by BowlJackson
Birmingham, AL
Member since Sep 2013
52881 posts
Posted on 5/7/21 at 12:43 pm to
So you admit you already broke the law and parked illegally, but now you want commit not serious crimes like theft and destruction of property?

I hope you get prosecuted to the fullest extent of the law, you fricking POS criminal scumbag
Posted by jaytothen
Member since Jan 2020
6407 posts
Posted on 5/7/21 at 12:44 pm to
Be a good Samaritan, give it back.


Take it and hurl it threw city halls front door.
This post was edited on 5/7/21 at 12:45 pm
Posted by billjamin
Houston
Member since Jun 2019
12493 posts
Posted on 5/7/21 at 12:44 pm to
quote:

And they have you CC number from when you paid the fine to release device?


This is why I have an AMEX. Their company policy on charges is basically frick that guy if you protest.
Posted by Shexter
Prairieville
Member since Feb 2014
13881 posts
Posted on 5/7/21 at 12:45 pm to
quote:

they allow you to pay the fine by phone upon return and they will remotely release the boot.


I haven't seen this. Last time I got the car booted was in the French Quarter. We had to wait two hours.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19194 posts
Posted on 5/7/21 at 12:45 pm to
quote:

I hope you get prosecuted to the fullest extent of the law, you fricking POS criminal scumbag


Damn, who let the drama queen in here.
Posted by Y.A. Tittle
Member since Sep 2003
101390 posts
Posted on 5/7/21 at 12:45 pm to
quote:

Damage to property?


My assumption is, the bootee was NOT the person who "damaged the property." He just sets it aside once it is removed from HIS property. How can you create a further obligation on him at that point?
Posted by Duckhammer_77
TD Platinum member
Member since Nov 2016
2677 posts
Posted on 5/7/21 at 12:46 pm to
Posted by kciDAtaE
Member since Apr 2017
15759 posts
Posted on 5/7/21 at 12:47 pm to
What if you are handicapped and physically can’t return it.
Posted by jamboybarry
Member since Feb 2011
32647 posts
Posted on 5/7/21 at 12:47 pm to
quote:

My assumption is, the bootee was NOT the person who "damaged the property." He just sets it aside once it is removed from HIS property. How can you create a further obligation on him at that point?


quote:

bet they have terms and conditions by which they will charge your credit card again if the boot is not returned to the kiosk.


Ya gots ta read da fine print
This post was edited on 5/7/21 at 12:48 pm
Posted by BowlJackson
Birmingham, AL
Member since Sep 2013
52881 posts
Posted on 5/7/21 at 12:47 pm to
Posted by Powerman
Member since Jan 2004
162219 posts
Posted on 5/7/21 at 12:49 pm to
quote:


He isn't saying you should damage the property. He is saying why is it your responsibility to return the boot to a certain location rather than just leave it on the ground in the parking lot.



There is a 0% chance I would return it to another location
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
19514 posts
Posted on 5/7/21 at 12:50 pm to

Years ago, when NOLA started using private companies to boot vehicles parked on city streets, I had an idea to start a business to use a cutting torch to remove the boots at a fraction of the fees typically charged by the city + business that “installed” the boot.

Cash only, so there’s no record of the transaction or the deed.

Maybe $20 to remove a boot and leave the worthless scrap at the curb.
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19194 posts
Posted on 5/7/21 at 12:50 pm to
Posted by lepdagod
Baton Rouge
Member since Jan 2015
3389 posts
Posted on 5/7/21 at 12:53 pm to
I’ll just return it if I was you... I’m sure if it’s damaged or lost they will charge how much the boot cost plus what they expected to make off said boot
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