A tale of woe Part V Court day

[gobler]

:rage: Hi all, I am so P. Ode right now. Just sit back and listen to my rant and perhaps someone here can offer advice. Last night I drove Kim (my GF) and her father to the airport so they can visit their sister/daughter and her new baby. Kim’s dad loaned me his Explorer to take them there and to use during the week. So all went well and I had decided earlier to visit a friend who lives only 15 minutes away. Now this is the meat of the situation. He lives in Hollywood and anyone familiar with Hollywood knows the abundance of no decent parking. So I park in the Rite Aid parking lot go inside and buy a roll of Tums (my stomach was killing me) this was about 10:20 pm. I walk down the block to visit my friend and about midnight I head back to leave. I notice the Ford is gone!!! I start to panic, at first thinking it was stolen then my friend mentions that it most likely got towed. I stood there reading the parking signs (which I have read a dozen times before) and said why would they tow it. Now to give you an understanding of the sign it reads, “NO overnight parking allowed…vehicle will be towed at owners expense� Ok I thought, I was back at my car by midnight so why would they tow it?? What’s good at this point my friend has his digital cam on him and we took photos of the signs for later in court, oh keep reading. So I use my friends cell phone and call the towing company, the woman on the line checked and low and behold it was sitting in there impound lot in Glendale!! About ten minutes away, so I asked the woman why, was it in their lot when I am standing where my car was at midnight? I asked when did they tow it and I just got the runaround and the old “you’re not supposed to have you car there� nonsense. I asked if they could tow it back since it was obviously towed illegally. No I have to go to them. Now I did mention on the phone that the vehicle was loaned to me and was told no problem…I bet you can see where this is going. I have my friend wake his GF up to drive me to Glendale. I get there and see the Ford sitting there between two other cars I saw in the same parking lot. So I go to pay and the guy asked me for ID and registration. I casually mention the registration in the Ford but it was my “father in-laws� (we’ve been dating for five years now and have agreed when I get the ring it’s official) so it’s a stretch but not much. Then it went to he!! In a hand basket. Right there the guy said there was no way I was getting the Ford and only the registered owner could sign for it..well that was the topper for me. I really try not to lose my temper but I had had it, we got into a verbal altercation and he grabbed a wrench and told me to leave his property. I did so; I walked out to the street where I blocked his tow truck from brining back yet one more victim from the parking lot. I kept asking when was the Ford towed so I could be clear on if I was at fault or them. Also I wanted witnesses to hear. He started screaming at me and his tow truck “employees� got out and asked me to move. I politely said no, not until I get the Ford or an answer. I also asked if they could call the police “since the guy pulled a wrench and was getting very hostel. About a half hour later the police show up and I told them my side of the situation and they asked what time was the Ford towed. They (the towing guys) grudgingly looked it up and kind of mumbled the answer and the officer asked them to repeat it and they clearly said 11:45 pm. At that point I smiled as did the officer and he looked at me and said if I moved I could settle this in court (not a mind reader) but I think the officer knew the tow truck guys were way to over zealous. Ah one other point, the company is closed on Sat/Sun and the owner said he would not be there on Monday so the earliest I could get it would be Tuesday. At that time it would have racked up three days worth of impound fees. Correct me if I am wrong but if they choose not to be open they do not have the right to incur additional fees. So rant off. Any comments, advice. I am planning filling a lawsuit against the towing company. Plus the rest of the night was something out of a horror movie…my friends GF car tire was slashed when we got back to their apartment. We went up for ten minutes to get a phone number and other things came back down and started to drive off but we all felt the car shudder, got out and noticed the tire. I have had no sleep.

Cheers,
Jeff

 

[Marlowe]

Do you have the receipt for the Tums? It should have the time of the purchase on it.

I'm from L.A. and recall the various local television news stations often reporting on these predatory tow companies. I believe that laws were changed to prevent these kinds of "overzealous" incidents. This tow company might be on the verge of being in a heap of trouble...

 

[Dalexs]

Like Marlowe said DEFINITELY CALL THE LOCAL MEDIA!
You get a news crew hounding them and giving bad publicity, they'll pretty much give up.
Trust me on this one, when the chimney fell off my house during some
septic line construction, I had a news crew at the house before the contactors showed up in the am. It made for a great story.

Because of the nature of the "crime" it will probably only wind up in small claims court, but it's California, anything I possible.

I say go for it, sue the pants off them, but get as much evidence as possible to document you're time frame of where and when.

Good luck.

 

[Andykev]

Tow Tow Tow your boat, Gently Down a Stream....

Wow. Vampires. Hummm.. Civil matter. Wrench issue: Assault or Self Defense (how mad were you? Agressive?). Blocking tow yard. Infraction. That car could be towed for blocking a driveway illegally. Hummm...what was the sinage? Clear hours marked? No? Civil remedy, sue the owner of the parking lot. What time did the store close? How many hours after (if it closed) was your car towed? The Vehicle Code requires a specific time for the tow company to notify the local police of the tow (to avoid the calls of "my car was stolen"). Sorry, but you borrow a car, no matter how long, the tow company can ONLY release it to the legal, lawful, registered owner. Prevents liability. What if someone claimed your car and when YOU went to get it they said "oh, he said he was your brother in law". Nope.

The merchants have a right to prevent people from using their private property for "free parking". You have to determine what is reasonable as a customer, and a citizen for having proper notice, and compliance.

Enjoy this section for light reading in the Vehicle Ccode.

22658. (a) Except as provided in Section 22658.2, the owner or
person in lawful possession of any private property, within one hour
of notifying, by telephone or, if impractical, by the most
expeditious means available, the local traffic law enforcement
agency, may cause the removal of a vehicle parked on the property to
the nearest public garage under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency. The sign may also indicate that a citation may
also be issued for the violation.
(2) The vehicle has been issued a notice of parking violation, and
96 hours have elapsed since the issuance of that notice.
(3) The vehicle is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other major
part or equipment necessary to operate safely on the highways, the
owner or person in lawful possession of the private property has
notified the local traffic law enforcement agency, and 24 hours have
elapsed since that notification.
(4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.
(b) The person causing removal of the vehicle, if the person knows
or is able to ascertain from the registration records of the
Department of Motor Vehicles the name and address of the registered
and legal owner of the vehicle, shall immediately give, or cause to
be given, notice in writing to the registered and legal owner of the
fact of the removal, the grounds for the removal, and indicate the
place to which the vehicle has been removed. If the vehicle is
stored in a public garage, a copy of the notice shall be given to the
proprietor of the garage. The notice provided for in this section
shall include the amount of mileage on the vehicle at the time of
removal. If the person does not know and is not able to ascertain
the name of the owner or for any other reason is unable to give the
notice to the owner as provided in this section, the person causing
removal of the vehicle shall comply with the requirements of
subdivision (c) of Section 22853 relating to notice in the same
manner as applicable to an officer removing a vehicle from private
property.
(c) This section does not limit or affect any right or remedy
which the owner or person in lawful possession of private property
may have by virtue of other provisions of law authorizing the removal
of a vehicle parked upon private property.
(d) The owner of a vehicle removed from private property pursuant
to subdivision (a) may recover for any damage to the vehicle
resulting from any intentional or negligent act of any person causing
the removal of, or removing, the vehicle.
(e) Any owner or person in lawful possession of any private
property, or an "association" pursuant to Section 22658.2, causing
the removal of a vehicle parked on that property is liable for double
the storage or towing charges whenever there has been a failure to
comply with paragraph (1), (2), or (3) of subdivision (a) or to state
the grounds for the removal of the vehicle if requested by the legal
or registered owner of the vehicle as required by subdivision (f).
(f) Any owner or person in lawful possession of any private
property, or an "association" pursuant to Section 22658.2, causing
the removal of a vehicle parked on that property shall state the
grounds for the removal of the vehicle if requested by the legal or
registered owner of that vehicle. Any towing company that removes a
vehicle from private property with the authorization of the property
owner or the property owner's agent shall not be held responsible in
any situation relating to the validity of the removal. Any towing
company that removes the vehicle under this section shall be
responsible for (1) any damage to the vehicle in the transit and
subsequent storage of the vehicle and (2) the removal of a vehicle
other than the vehicle specified by the owner or other person in
lawful possession of the private property.
(g) Possession of any vehicle under this section shall be deemed
to arise when a vehicle is removed from private property and is in
transit.
(h) A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of a vehicle at the
request of the owner of private property or that owner's agent
pursuant to this section if the owner of the vehicle or the owner's
agent returns to the vehicle before it is removed from the private
property. The regular towing charge may only be imposed after the
vehicle has been removed from the property and is in transit.
(i) (1) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge is greater than that
which would have been charged for towing or storage, or both, made at
the request of a law enforcement agency under an agreement between
the law enforcement agency and a towing company in the city or county
in which is located the private property from which the vehicle was,
or was attempted to be, removed.
(2) If a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the
calendar date, the storage charge shall be for only one day. Not
more than one day's storage charge may be required for any vehicle
released the same day that it is stored.
(3) If a request to release a vehicle is made and the appropriate
fees are tendered and documentation establishing that the person
requesting release is entitled to possession of the vehicle, or is
the owner's insurance representative, is presented within the initial
24 hours of storage, and the storage facility fails to comply with
the request to release the vehicle or is not open for business during
normal business hours, then only one day's storage charge may be
required to be paid until after the first business day. A business
day is any day in which the lienholder is open for business to the
public for at least eight hours. If a request is made more than 24
hours after the vehicle is placed in storage, charges may be imposed
on a full calendar day basis for each day, or part thereof, that the
vehicle is in storage.
(j) Any person who charges a vehicle owner a towing, service, or
storage charge at an excessive rate, as described in subdivision (i),
is liable to the vehicle owner for four times the amount charged.
(k) Persons operating or in charge of any storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing and storage by a
registered owner or the owner's agent claiming the vehicle. A person
operating or in charge of any storage facility who refuses to accept
a valid bank credit card is liable to the registered owner of the
vehicle for four times the amount of the towing and storage charges,
but not to exceed five hundred dollars ($500). In addition, persons
operating or in charge of the storage facility shall have sufficient
moneys on the premises of the primary storage facility during normal
business hours to accommodate, and make change in, a reasonable
monetary transaction.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies as described in subdivision (i).
(l) (1) A towing company shall not remove or commence the removal
of a vehicle from private property without first obtaining written
authorization from the property owner or lessee, or an employee or
agent thereof, who shall be present at the time of removal. General
authorization to remove or commence removal of a vehicle at the
towing company's discretion shall not be delegated to a towing
company or its affiliates except in the case of a vehicle unlawfully
parked within 15 feet of a fire hydrant or in a fire lane, or in a
manner which interferes with any entrance to, or exit from, the
private property.
(2) If a towing company removes a vehicle without written
authorization and that vehicle is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or in a manner which interferes
with any entrance to, or exit from, the private property, the towing
company shall take, prior to the removal of that vehicle, a
photograph of the vehicle which clearly indicates that parking
violation. The towing company shall keep one copy of the photograph
taken pursuant to this paragraph, and shall present that photograph
to the owner or an agent of the owner, when that person claims the
vehicle.
(3) Any towing company, or any affiliate of a towing company,
which removes, or commences removal of, a vehicle from private
property without first obtaining written authorization from the
property owner or lessee, or an employee or agent thereof, who is
present at the time of removal or commencement of the removal, except
as permitted by paragraph (1), is liable to the owner of the vehicle
for four times the amount of the towing and storage charges, in
addition to any applicable criminal penalty, for a violation of
paragraph (1).
(m) (1) It is the intent of the Legislature in the adoption of
subdivision (k) to assist vehicle owners or their agents by, among
other things, allowing payment by credit cards for towing and storage
services, thereby expediting the recovery of towed vehicles and
concurrently promoting the safety and welfare of the public.
(2) It is the intent of the Legislature in the adoption of
subdivision (l) to further the safety of the general public by
ensuring that a private property owner or lessee has provided his or
her authorization for the removal of a vehicle from his or her
property, thereby promoting the safety of those persons involved in
ordering the removal of the vehicle as well as those persons
removing, towing, and storing the vehicle.

 

[gobler]

More detail

Wow! I just glossed over it (will read it when I'm not so tired) but the details are such:
I parked the Ford in the Rite-Aid parking lot which is shared by two other businesses at about 10:20 pm. I bought a mini roll of Tums at the Rite-Aid and left the property until 12:05 am. The signs that are posted read this: Customer parking only…No overnight parking allowed. Vehicle will be towed at owner’s expense. Then a sign under it with the towing companies number. The Rite-aid closed at 11:00 pm and the towing company finally admitted in front of two police officers they processed it at 11:45 pm. Now I don’t know if that means they hooked it up at 11:45 or it was put into the impound yard at that time. Rite-Aid put the signs up and hired the towing company to do the tows. NO police were ever called nor was there a call to have the Ford towed. They just drove into the parking lot at 11:30 and towed it away. I hope this clarifies things. Oh, no I did not become furtive or physically aggressive in any way. I did insult the guy once but this was after 20 minutes of his runaround and insulting my intelligence. One more thing, the two kids (yes kids) who drove the tow truck might not even have the proper license, the oldest looked like he might have been eighteen.

:cheers1:
Jeff

 

[Mycroft]

Ouch, I mean all you had to go through and more just to get a car back. I am sorry it happened to you.

 

[Andykev]

My final thought

Unfortunately, you are basically screwed. I don't say that in a mean fashion. Let me explain.

I was parked in Berkeley (need I say more?). I put the .50 cents in the meter and went shopping with the Mrs. Came back up the street, added another quarter to the meter, as my wife wanted to go up the other end of the street to check out more stores. We came back to the car, and HOLY COW! A parking ticket, to the tune (then) of $14.oo!

Was I mad. Oh. Church and candles were required after I vented my anger.

I had put the money in the meter as a good citizen. WAIT!! The meter closest to my parked car (and near the painted lines) were for the car NEXT TO ME! YAAAAAAAAA! The meter DID NOT have the "this meter- arrow - this car" sticker. Diagonal parking, you see.

My options? 1.) fight it! YEA! but this means going down to Berkeley Court House on Addison St. and wait in line at 8:30 AM six weeks from the ticket and then take a chance with some court commissioner. Also I have to drive there, pay for parking (hey, didn't I really do that in the first place?), and take time off from work. For WHAT? a lousey $14 bucks?

OK now your tow adventure. OK.."they"...whoever that turns out to be, wrongfully towed your car. So you got raped with a "tow fee". Then there is the "daily storage fee". Then the "gate fee". And of course, the "real legal" owner of the car had to come down as well. Did that require time off from work? Oh and the drive down, and back, gas, parking, etc., etc.

Then you wanna show "those guys" that they can't to that to YOU! I mean, what is with those guys anyway? So you open the phone book and call "The Peoples Lawyer" and give them the 30 second Cliff Notes version of your case. They say they're happy to oblige, but it will require a $750 retainer, a consultation, and of course, the court appearance fees! Plus you are still out of pocket on the tow, store, gate, release fees (should you not win in court).

Is it any wonder why MOST corporations and individuals "settle out of court" and pay the "nuisance costs" associated with the action(s) against them?

It is CHEAPER In the LONG RUN.

SO, maybe a nasty letter to the Rite-Aid Company, and maybe they will cave in. Or they can tell you to pound sand. Then you are back to plan "A".

It all adds up to costing you money. Sometimes it is expensive to be right.

 

[gobler]

Part II

Well after two weeks of gathering "evidence" having decided to take the towing company to small claims court, I spoke with the manager of the store where the vehicle was towed from and she (the manager) agreed and signed a letter stating that the towing company did in fact tow my truck way too early. So I then head over to the tow company with all my information in hand to try to resolve this out of court. I have the envelope in one hand and a camera in the other (they are displaying a Better Business Bureau plaque and do not belong to the BBB and in fact have the lowest raring a business can have plus nemours complaints) and hand him the envelope and say that I wish him to read the letter. He tells me no and at that point I say I am taking a photo of the BBB plaque on his wall. I raised my camera to my eyes pointing it at said plaque and he hits my hands with closed fists so hard the camera slams against the wall hits the floor and bounces into another room. The camera is now very broken. My girlfriend who was with me was stunned by this action. We called the police and filed a report. So what could have been resolved out of court by this man is now going to cost him dearly. :rage: The camera was a gift from my GF's dad to us.

Jeff

 

[ITG]

I hope the judge reimburses you your full costs (for time, towing/impoundment/, camera replacement, and physical assuault). Have you considered telling a local news station about this, as they would eat up a story like this.

 

[gobler]

Hey Holly, well as I was going the Small Claims route now however I may persue Civil Court. S.C. allowes $5000 max where as C.C. is what ever is "justified" $5000 - $500,000,000. I am going to talk to an atterny on Tuesday (Monday being a Holliday) The fact that he now has assalted me may require Civil, but untill I speak with someone in the ol leagal area I'm stumped. I'm still rather shaken and have a pounding head ache.

:cheers1:
Jeff

 

[ITG]

Jeff, keep us updated.

 

[Biltmore Bob]

You should have the offender arrested. Plain and simple case of Assault and Battery. I am a retired Police Officer and I see no reason why he was not arrested. The charges would have been Assault and Battery and Malicious destruction of property.

 

[Renderking Fisk]

I hope you take this character to the cleaners... tramatize him so that he'll get the shakes everytime he sees someone in a fedora.

 

[gobler]

Well, here is the thing about California law. Since the assault took place out of view of a police officer it's concidered a misdamener and the only option was to put him under citizens arrest or to go to court. If I did place him under arrest the officer told me he might have me arrested. Now here is something odd, he atmited to the officer that I never even raised a hand (which was true) but the officer said that he could change his story and thus have me arested. So I opted to go the court route ans have the incident number on the officerd card. And yes I am never going back their...

:cheers1:
Jeff

 

[Biltmore Bob]

Police Officers arrest offenders all the time for incidents that don't take place in their presence. You had a witness for crying out loud. I would have had EMS come and take me away on a back board. You still need to go to the ER and/or your doctor and have your face checked out. I've known injuries to take days or even weeks before they start to hurt. You may even need to take a few days off from work. Contact a personal injury lawyer, the consult is usually free.

Stuff like that don't happen where I live 'cause "an armed society is a polite society". GOD BLESS TEXAS!!

 

[Biltmore Bob]

Furthermore...

If an Officer can articulate Probable Cause, an arrest for a misdemeanor can be effected, ie. witnesses, injuries etc...

I would be on the way to owning a towing operation my friend...

 

[Andykev]

You are gonna win this one

Well, here is the thing about California law. Since the assault took place out of view of a police officer it's concidered a misdamener and the only option was to put him under citizens arrest or to go to court.

** WRONG! Misdemeanor is the severity of the crime. The officer must accept a citizen's arrest, or himself be in violation of PC 142:

142. (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.

If I did place him under arrest the officer told me he might have me arrested.


** FOR WHAT? Sounds like the cop didn't want to be bothered with writing a report for his perceived assessment it was a "nothing call".

Now here is something odd, he atmited to the officer that I never even raised a hand (which was true) but the officer said that he could change his story and thus have me arested.

** Sounds like you have the officer now on your side to testify that the suspect made admissions that he in fact battered you.


So I opted to go the court route ans have the incident number on the officerd card. And yes I am never going back their...

:cheers1:
Jeff

And I would call the Police Department and lodge a Formal Complaint with the Internal Affairs unit that the officer FAILED to receive a Citizens Arrest (if you wanted to make one) and in fact tried to talk you out of it (dissuade you)!

You Sir, are really frosting the cake of victory

 

[Andykev]

You are gonna win this one

Well, here is the thing about California law. Since the assault took place out of view of a police officer it's concidered a misdamener and the only option was to put him under citizens arrest or to go to court.

** WRONG! Misdemeanor is the severity of the crime. The officer must accept a citizen's arrest, or himself be in violation of PC 142:

142. (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.

If I did place him under arrest the officer told me he might have me arrested.

** FOR WHAT? Sounds like the cop didn't want to be bothered with writing a report for his perceived assessment it was a "nothing call".

Now here is something odd, he atmited to the officer that I never even raised a hand (which was true) but the officer said that he could change his story and thus have me arested.

** Sounds like you have the officer now on your side to testify that the suspect made admissions that he in fact battered you.

So I opted to go the court route ans have the incident number on the officerd card. And yes I am never going back their...

:cheers1:
Jeff[/QUOTE]


And I would call the Police Department and lodge a Formal Complaint with the Internal Affairs unit that the officer FAILED to receive a Citizens Arrest (if you wanted to make one) and in fact tried to talk you out of it (dissuade you)!

You Sir, are really frosting the cake of victory

 

[Biltmore Bob]

Petty shoplifting is a misdemeanor and cops never see that happen. They make those arrests all the time. I would still file criminal charges against the guy. Pursue civil charges too if you want. Most tow truck operators/owners have criminal records so you may even violate his probation/parole. Put the screws to this creep. Use the system partner.

 

[Wild Root]

Wow, I am a little late but I want you to know that I hATE HOLLYWOOD PARKING!!! IT SUCKS A BIG ONE!!!

Any time I'm over in that area, it's so hard to find parking. But, I have never had my car towed though. I guess I'm a lucky man since I have been parked in areas or streets that state the hours and such which one can not park there. I never take any chances with my Old car bing towed.

Those guys are so wrong and I know you will win this case! Listen to AndyK! He knows California law and he will help you any way he can. He's a good guy.

All the best of luck my friend in your case!

GO GET THEM BAST@%DS!

Root.