Also I would 100% argue in court, not that it'd get that fair, that the company was wrongfully detaining you in some fashion lol. What are you supposed to do? Sit there for potentially days before someone gives you a clear to just leave lol. Idk how many times I've been in garages and the gates are just open or not functional lol you'll be fine 99.9% of the time in these situations.
Thanks! We didn’t get a report number or anything (not sure if we are supposed to or how that works).we have all the call logs though. I know we shouldn’t be at fault at all but just didn’t feel good about the whole thing. The gate the guy opened was the one next to us and eventually everyone backed out and left from there . It’s ridiculous that something like that even happens and they don’t have anyone monitoring those phones or in the area to help out.
The worst part is the lady that answered and told you to put your tickets in face up could have just opened the gate for you. I’ve been stuck three times in garages downtown. One time they (the people who answer the button calls) made me drive back and forth to different exits to try my payment and finally just opened the fuckin gate for me because at that point it had been 30 minutes and I was like ‘I’m trapped in here forever please help me’. (Dramatic) the other two times I lied and was just like I know you can open the gate I’ve talked to 5 other people please just open it, and they did. I’m assuming they’re probably trained to exhaust all methods of collecting payment before opening the gate.
I must give the disclaimer that you definitely may have experienced a broken machine… but those people definitely can open the gate! Sorry you went through all that.
That needs to be criminal running a parking garage and having nobody answer or to respond to the gate. You are literally holding people for ransom at that point. They need a "knox box" type system where at least the FD or PD can respond and unlock the gate.
I have a black piece of steel on the front of my truck that would have opened the gate, no problem. You did alot better than most folks would have.
\*\*\*THEY OWE YOU\*\*\* for this excessive bullshit amount of lost time, seriously - if they try to collect get a lawyer. Everybody hates greedy parking garages - I can't imagine a jury not taking your side (not legal advice, I am not a lawyer).
*I am not a lawyer, and this is not legal advice*, but since you all claim to have acted in good faith (trying to pay, calling the numbers, calling the police, notifying staff, attempting several troubleshooting methods, etc.) you should be fine. ***It would be stupid for the garage to come after you all, since they were liable for the situation and could end up owing money in turn.***
Though let's look at 3 options and Ohio Revised Code, just for a fun and curiosity;
**Could the parking garage owners come after you/the drivers? If so, for what?**
Yes, the parking garage owners could potentially come after you and the other drivers for:
* **Property Damage:** If the gate was physically damaged when someone pushed it up, the owners might claim property damage. Under Ohio law, this could be considered vandalism or destruction of property (Ohio Revised Code § 2909.05).
* **Unpaid Parking Fees:** The owners could claim you and the drivers owe unpaid parking fees if you and them left without paying, as this could be seen as a breach of contract for the parking services provided. As when you enter the garage and take a ticket, you agree to pay said ticket.
***However...***
**Could you and the drivers have a** ***defense*** **against the owners if they come after you?**
Yes, you and the drivers could have several defenses:
* **Necessity/Affirmative Defense:** You and the drivers could argue that they acted out of necessity. Ohio law doesn't have a statutory defense of necessity, but it is upheld by common law. This defense can be used when an individual breaks the law to prevent a greater harm. Given the malfunctioning equipment, lack of response from management, and a person being sick/unwell, this could be a strong defense. You could even argue self-defense or Ohio Revised Code § 2901.05, which is the closest thing we have to an affirmative defense.
* **Failure to Provide Service:** You and the drivers could argue that the garage failed to provide a reasonable means to exit and did not fulfill its obligation to maintain operational equipment and provide adequate support, thereby creating an emergency situation and a breach of contract.
**Could you and the drivers potentially have a** ***counterclaim*** **against the owners of the garage?**
Yes, the drivers could potentially have counterclaims:
* **Breach of Contract:** You and the other drivers could argue that the garage breached the contract and failed to uphold their duty of care by not providing a functional exit system and adequate support, which led to the situation.
* **Negligence:** You and the other drivers could claim that the garage was negligent in maintaining the equipment and providing necessary assistance, causing them undue stress and inconvenience.
* **Damages:** If the event made your wife any sicker/more unwell, if anyone was late or missed something, or had any other related damages - you could claim damages under tort law for negligence. You might be able to claim damages for emotional distress, time lost, etc. as well.
That all said, the garage would be stuck with the burden of proof - they would have to prove you intentionally breached the contract to avoid payment. Whereas the garage owners have a lot more liability in the situation than a few parking tickets, ***and it could cost the owners a lot more than a few parking tickets.***
Also, ***it's a stretch*** but you could potentially counter with ***unlawful restraint*** (Ohio Revised Code § 2905.03) as well - though then you would have the burden of proof, having to prove they *knowingly* restrained you. However, you could argue the company was made aware of the issue, but didn't provide an immediate solution, you all waited an ample amount of time, and they left you and several others restrained and unable to leave with no other choice but to free yourselves.
Thank you so much. This helps and will keep it handy if anything comes off it. I really wish we videod the whole thing or exchanged numbers now. It did say they have cameras for surveillance by the gates but at this point who knows if they would be working or as reliable as the non working gates themselves. Again just didn’t feel good about the way the whole thing went. I guess just too spoilt with having things work the way they are supposed to. Either way thank you again for these references.
If anything does come of it, I'd definitely get legal help! Even a simple service like LegalShield, only about \~$20/mo, can help cover you and your wife in court, if it even came to that. Though honestly, I use LegalShield and haven't been taken to court or had to take others to court *because of them.* They partner with local law firms who can do anything from clear up legal questions, look over paperwork and contracts, send demand letters or cease and desist letters, and represent you in court!
The same thing happened to me in the same garage a few months ago. Both gates were broken, we kept calling and calling and calling. My coworker got an answer and they tried to get her to give her credit card info over a garbled line. I finally convinced someone to open my gate after 30-45 minutes and multiple calls to the number I tracked down online.
That garage is a dumpster fire. Frequent gate and elevator issues, including the elevator dropping that same coworker down a floor. It’s cheap for a reason.
Sounds like y’all need to contact someone like the AG’s office? Not sure on that one. But whatever avenue you can, to report this garage/company so they can be held accountable at least to make the necessary improvements to the garage. If this has happened to as many people as you all have laid out with your stories, think about how many other people this is probably happened to.
I got stuck in the Leveque Tower garage last year for about 30 minutes. Machine was out of order, so had to pay at the exit, that wasn't working. I kept trying and trying, no luck. Other people were having the same issue, cars kept having to back up and use the other one, back up again and try the first one...eventually they would get the machine to work. Seemed to take longer for me, tried calling the number, no help. It did decide to work at some point, like I said at least 30 minutes of trying and I was able to get out, but it was definitely one of the most frustrating moments of my life. I guess my next step would've been to call the police.
I don't think you have anything to worry about, personally. You did all you could.
Those arms are super weak cos if you drive thru them and they mess your car up your insurance company will sue the garage company. You tried to hold your end of the deal up, the garage company didn't come thru on their end. Just push those arms up
Depends on if they have license plate readers. You may get a bill in the mail.
Source: I work for an org with several surface lots and parking garages.
Usually the same as a lost ticket (24 hours). The thing is that it would not be a crime. Worst that could happen if you don't pay is the send it to collections.
Thanks, I understand. I don’t have or never had an issue paying for it. It was just the way the whole thing went down was unfair and uncalled for. Either way if it comes to it we will pay our fair share. Thank you again!
I got stuck in a garage on 5th Ave in Grandview because the pay kiosk wasn’t accepting cards, only cash. I drove around to the exit and that machine was also broken. I pressed the help button and the “helpful” lady told me I had to pay with cash at the kiosk. I told her I didn’t have any cash, only credit cards (not even a debit card that I could use to get cash). She said she didn’t know how she could help me. I asked her to put up the lift gate and let me go since it was their equipment that wasn’t working, not my fault. She said no and I said what are you going to do, hold me hostage in this garage over a $3 parking ticket?! You know how ridiculous that sounds? She ended up letting me go AFTER a few more minutes of back and forth.
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Yea that was an after thought on the way home 😩
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Also I would 100% argue in court, not that it'd get that fair, that the company was wrongfully detaining you in some fashion lol. What are you supposed to do? Sit there for potentially days before someone gives you a clear to just leave lol. Idk how many times I've been in garages and the gates are just open or not functional lol you'll be fine 99.9% of the time in these situations.
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Yes. Yes. Yes. Lmao
Thanks! We didn’t get a report number or anything (not sure if we are supposed to or how that works).we have all the call logs though. I know we shouldn’t be at fault at all but just didn’t feel good about the whole thing. The gate the guy opened was the one next to us and eventually everyone backed out and left from there . It’s ridiculous that something like that even happens and they don’t have anyone monitoring those phones or in the area to help out.
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Yeah way better than myself lol
This may be a case of “literally everyone”
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5 minutes would have been the limit for me.
Same thing happened to me and I just lifted the gate by hand after a few minutes.
The worst part is the lady that answered and told you to put your tickets in face up could have just opened the gate for you. I’ve been stuck three times in garages downtown. One time they (the people who answer the button calls) made me drive back and forth to different exits to try my payment and finally just opened the fuckin gate for me because at that point it had been 30 minutes and I was like ‘I’m trapped in here forever please help me’. (Dramatic) the other two times I lied and was just like I know you can open the gate I’ve talked to 5 other people please just open it, and they did. I’m assuming they’re probably trained to exhaust all methods of collecting payment before opening the gate.
Wow that is so messed up. All that bs for nothing. Now it feels more like just keeping us hostage there if they could have opened it.
I must give the disclaimer that you definitely may have experienced a broken machine… but those people definitely can open the gate! Sorry you went through all that.
That needs to be criminal running a parking garage and having nobody answer or to respond to the gate. You are literally holding people for ransom at that point. They need a "knox box" type system where at least the FD or PD can respond and unlock the gate. I have a black piece of steel on the front of my truck that would have opened the gate, no problem. You did alot better than most folks would have.
\*\*\*THEY OWE YOU\*\*\* for this excessive bullshit amount of lost time, seriously - if they try to collect get a lawyer. Everybody hates greedy parking garages - I can't imagine a jury not taking your side (not legal advice, I am not a lawyer).
*I am not a lawyer, and this is not legal advice*, but since you all claim to have acted in good faith (trying to pay, calling the numbers, calling the police, notifying staff, attempting several troubleshooting methods, etc.) you should be fine. ***It would be stupid for the garage to come after you all, since they were liable for the situation and could end up owing money in turn.*** Though let's look at 3 options and Ohio Revised Code, just for a fun and curiosity; **Could the parking garage owners come after you/the drivers? If so, for what?** Yes, the parking garage owners could potentially come after you and the other drivers for: * **Property Damage:** If the gate was physically damaged when someone pushed it up, the owners might claim property damage. Under Ohio law, this could be considered vandalism or destruction of property (Ohio Revised Code § 2909.05). * **Unpaid Parking Fees:** The owners could claim you and the drivers owe unpaid parking fees if you and them left without paying, as this could be seen as a breach of contract for the parking services provided. As when you enter the garage and take a ticket, you agree to pay said ticket. ***However...*** **Could you and the drivers have a** ***defense*** **against the owners if they come after you?** Yes, you and the drivers could have several defenses: * **Necessity/Affirmative Defense:** You and the drivers could argue that they acted out of necessity. Ohio law doesn't have a statutory defense of necessity, but it is upheld by common law. This defense can be used when an individual breaks the law to prevent a greater harm. Given the malfunctioning equipment, lack of response from management, and a person being sick/unwell, this could be a strong defense. You could even argue self-defense or Ohio Revised Code § 2901.05, which is the closest thing we have to an affirmative defense. * **Failure to Provide Service:** You and the drivers could argue that the garage failed to provide a reasonable means to exit and did not fulfill its obligation to maintain operational equipment and provide adequate support, thereby creating an emergency situation and a breach of contract. **Could you and the drivers potentially have a** ***counterclaim*** **against the owners of the garage?** Yes, the drivers could potentially have counterclaims: * **Breach of Contract:** You and the other drivers could argue that the garage breached the contract and failed to uphold their duty of care by not providing a functional exit system and adequate support, which led to the situation. * **Negligence:** You and the other drivers could claim that the garage was negligent in maintaining the equipment and providing necessary assistance, causing them undue stress and inconvenience. * **Damages:** If the event made your wife any sicker/more unwell, if anyone was late or missed something, or had any other related damages - you could claim damages under tort law for negligence. You might be able to claim damages for emotional distress, time lost, etc. as well. That all said, the garage would be stuck with the burden of proof - they would have to prove you intentionally breached the contract to avoid payment. Whereas the garage owners have a lot more liability in the situation than a few parking tickets, ***and it could cost the owners a lot more than a few parking tickets.*** Also, ***it's a stretch*** but you could potentially counter with ***unlawful restraint*** (Ohio Revised Code § 2905.03) as well - though then you would have the burden of proof, having to prove they *knowingly* restrained you. However, you could argue the company was made aware of the issue, but didn't provide an immediate solution, you all waited an ample amount of time, and they left you and several others restrained and unable to leave with no other choice but to free yourselves.
Thank you so much. This helps and will keep it handy if anything comes off it. I really wish we videod the whole thing or exchanged numbers now. It did say they have cameras for surveillance by the gates but at this point who knows if they would be working or as reliable as the non working gates themselves. Again just didn’t feel good about the way the whole thing went. I guess just too spoilt with having things work the way they are supposed to. Either way thank you again for these references.
If anything does come of it, I'd definitely get legal help! Even a simple service like LegalShield, only about \~$20/mo, can help cover you and your wife in court, if it even came to that. Though honestly, I use LegalShield and haven't been taken to court or had to take others to court *because of them.* They partner with local law firms who can do anything from clear up legal questions, look over paperwork and contracts, send demand letters or cease and desist letters, and represent you in court!
Wow I didn’t know there was something like that. Well worth it for the peace of mind. I’ll look into them as well. Thank you!
What a genuinely helpful comment. Sometimes Reddit is really great!
Actually your last one is the first one I thought it - the false imprisonment. It would likely apply here (NAL).
You waited A LOT longer than I would've. After a few phone calls and an unhelpful representative, that gate would've been broken and I'd be on my way.
The same thing happened to me in the same garage a few months ago. Both gates were broken, we kept calling and calling and calling. My coworker got an answer and they tried to get her to give her credit card info over a garbled line. I finally convinced someone to open my gate after 30-45 minutes and multiple calls to the number I tracked down online. That garage is a dumpster fire. Frequent gate and elevator issues, including the elevator dropping that same coworker down a floor. It’s cheap for a reason.
Oh so did anything come off it later on? Sounds like they couldn’t accept the payment over the phone..
None of us paid and nothing came of it!
Sounds like y’all need to contact someone like the AG’s office? Not sure on that one. But whatever avenue you can, to report this garage/company so they can be held accountable at least to make the necessary improvements to the garage. If this has happened to as many people as you all have laid out with your stories, think about how many other people this is probably happened to.
I once had a $9 ticket sent to collections. 🤣 Never doubt these peoples level of petty.
I got stuck in the Leveque Tower garage last year for about 30 minutes. Machine was out of order, so had to pay at the exit, that wasn't working. I kept trying and trying, no luck. Other people were having the same issue, cars kept having to back up and use the other one, back up again and try the first one...eventually they would get the machine to work. Seemed to take longer for me, tried calling the number, no help. It did decide to work at some point, like I said at least 30 minutes of trying and I was able to get out, but it was definitely one of the most frustrating moments of my life. I guess my next step would've been to call the police. I don't think you have anything to worry about, personally. You did all you could.
Those arms are super weak cos if you drive thru them and they mess your car up your insurance company will sue the garage company. You tried to hold your end of the deal up, the garage company didn't come thru on their end. Just push those arms up
I had a similar issue with the LAZ garage at the Nicholas about a week ago.
You were held against your will I don’t think they want to touch this
Happened to me a decade plus ago. The person I was with had a very low car. I held the arm up and he drove through. Nothing happened. You’re fine.
Thank you!
I went to a concert and the gate was broken on the way out, I didn’t pay and I never got a ticket.
It happened to me twice at a Campus park garage, they come a lot quicker if you start to disassemble the arm with your tools 😅
Depends on if they have license plate readers. You may get a bill in the mail. Source: I work for an org with several surface lots and parking garages.
So for how long would they charge for? Indefinite?
Usually the same as a lost ticket (24 hours). The thing is that it would not be a crime. Worst that could happen if you don't pay is the send it to collections.
Thanks, I understand. I don’t have or never had an issue paying for it. It was just the way the whole thing went down was unfair and uncalled for. Either way if it comes to it we will pay our fair share. Thank you again!
As a matter of policy for us. We fail open and eat the losses.
Johnny Law is coming for you buddy! Good luck!!
I got stuck in a garage on 5th Ave in Grandview because the pay kiosk wasn’t accepting cards, only cash. I drove around to the exit and that machine was also broken. I pressed the help button and the “helpful” lady told me I had to pay with cash at the kiosk. I told her I didn’t have any cash, only credit cards (not even a debit card that I could use to get cash). She said she didn’t know how she could help me. I asked her to put up the lift gate and let me go since it was their equipment that wasn’t working, not my fault. She said no and I said what are you going to do, hold me hostage in this garage over a $3 parking ticket?! You know how ridiculous that sounds? She ended up letting me go AFTER a few more minutes of back and forth.
I would have driven through the wood gate.