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Home My WebLink About0874 -2- was impounded at Defendant's premises aad that Hertz should come pick it up (Emphasis supplied). Furthermore, Defendant while testifying that it never had aoy indication from the Fort Pierce Police Department that its hold on the vehicle was lifted and that at all times it was holding the vehicle at police direction, in fact in August, 19?? (some 10 months later) instit- uted action calculated toward selliag the vehicle for storage charges that at that time totaled almost $1,000.00. This included Defendant writing a letter to Plaintiff on August 10, 19?? demanding payment for such charges. The reason given by Defendant for this sudden flurry of activity was that "he was just tired of looking at the vehicle on the lot". It is of further interest to note that . : _ ~ ~ Officer Tippens testified that he notiiied Defendant that Hertz was the lawful owner of the vehicle 3 or 4 days after it had been i l F towed in by Defendant. Furtheraaore, the vehicle itself displayed = ~ visible decal markings clearly indicating that_Plaintiff was the owner of the vehicle. Equity and good conscience mandate that Defendant should not be allowed to sit back and let the subject ; vehicle run up a staggering storage charge when it knew or should i ~ i ; have known the lawful owner and failed to notify that owner. The E ! ` facts show that Plaintiff was wrongfully deprived of the subject ~ ~ vehicle by Defendant and is entitled to damages therefor. The Plaintiff has proved its Complaint by the greater weight of the ; evidence and the Defendant is entitled to a set off for its towing charge and storage for such reasonable period of time as it would have taken to notify Plaintiff that Defendant has possession of the - } vehicle. For the reasons stated it is ~ ORDERED AND ADJUDGED that Plaintiff, HERTZ CORPORATION, I take possession of the sub~ect vehicle as the true and lawful ' i ~ owner thereof and further that said Plaintiff do have and recover ~ ~ ' of. and from the Defendant, S& S TOWING SERVICE, INC., damages ~ ~ ; ~ for the loss of use and rental of the sub~ect vehicle in the sum ~ of $2,000.00, less a set off to Defendant of $125.00, for a net ~ ~ sum due Plaintiff of $1,8?5.00, for all of which let execution ~ • ~ F~t!!(~v~ t,A~E 8~j3 ` ~ ~ ~ p~ - _ _