complicated vehicle impound question

[hotwheels]

What is the name of your state? arizona
I was pulled over at 2:30 in the morning for faulty tail lights by highway patroll on. The officer arrested me for a bench warrant for a failure to appear. He called a towing company to pick up my vehicle. Being parked in a Dennys parking lot and not wanting any tow charges, I asked if my vehicle could be left there. The officer explained that my car would be stollen by the time I was released. So with little choice, my car was towed.
Not being able to post bond, I was incarcerated for almost three weeks before I saw the judge. The result of my case was that all my charges were dropped "in the name of justice" including the failure to appear.
After I was released, I finally found out where my car was and contacted them. They told me that it was going to take $580.00 to get my car out, $119.00 for tow and "around" $20.00 a day storage. They didnt seem all to interested in hearing that iIwas arrested wrongfully and all charges have been dropped.
Not being able to afford it and not feeling I should have to pay for it anyway, my car is still at the tow yard racking up the fees. There have been numerous people that have told me that legally they cant hold my vehicle for ransom even though it was a police called tow. That I should just go there and demand the release of my car to me. That the only thing they can do is bill me for the fees. I also understand arizona is currantly implementing new legeslature on the subject.
any advise?

 

[BelizeBreeze]

What is the name of your state? arizona
I was pulled over at 2:30 in the morning for faulty tail lights by highway patroll on. The officer arrested me for a bench warrant for a failure to appear. He called a towing company to pick up my vehicle. Being parked in a Dennys parking lot and not wanting any tow charges, I asked if my vehicle could be left there. The officer explained that my car would be stollen by the time I was released. So with little choice, my car was towed.
Not being able to post bond, I was incarcerated for almost three weeks before I saw the judge. The result of my case was that all my charges were dropped "in the name of justice" including the failure to appear.
After I was released, I finally found out where my car was and contacted them. They told me that it was going to take $580.00 to get my car out, $119.00 for tow and "around" $20.00 a day storage. They didnt seem all to interested in hearing that iIwas arrested wrongfully and all charges have been dropped.
Not being able to afford it and not feeling I should have to pay for it anyway, my car is still at the tow yard racking up the fees. There have been numerous people that have told me that legally they cant hold my vehicle for ransom even though it was a police called tow. That I should just go there and demand the release of my car to me. That the only thing they can do is bill me for the fees. I also understand arizona is currantly implementing new legeslature on the subject.
any advise?

ANY ADVICE? Yes, stop listening to "numerous people" as they are idiots without any knowledge.

YOu need to get your car out even if it means borrowing the money. The tow was not only legal, but valid under the circumstances. The fees have nothing to do with the fact that your charges were dropped or the fact that you spent so long in jail.

You owe the fees. plain and simple.

 

[hotwheels]

BelizeBreeze look at this

what about this?
arizona revised statutes
28-3512
G. The storage charges relating to the impoundment of a vehicle pursuant to this section shall either:

1. Be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 28-1108.

2. Not exceed fifteen dollars for each day of storage.

28-3514 the immobilizing agency or the person in possession of the vehicle shall not charge more than fifteen days' immobilization or impoundment when the person redeems the impounded vehicle or has the immobilization device removed from the vehicle.
D. Within two working days after immobilization or impoundment, the immobilizing or impounding agency shall mail or personally deliver notice of immobilization or storage to the owner of the vehicle.

E. The notice of immobilization or storage shall include all of the following information:

1. A statement that the vehicle was immobilized or impounded.

2. The name, address and telephone number of the immobilizing or impounding agency providing the notice.

3. The name, address and telephone number of the immobilizing or impounding agency or justice court that will provide the immobilization or poststorage hearing.

4. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, license plate number and mileage of the vehicle.

5. A statement that in order to receive an immobilization or poststorage hearing the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle, within ten days after the date on the notice, shall request an immobilization or poststorage hearing by contacting the immobilizing or impounding agency in person or in writing or by filing a request with the justice court and paying a fee equal to the fee established pursuant to section 22-281 for a small claims answer.

6. A statement that if the immobilizing or impounding agency does not provide the opportunity for an immobilization or poststorage hearing, the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle may request that the immobilization or poststorage hearing be conducted by a justice court in the immobilizing or impounding agency's jurisdiction or the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle resides.

F. The immobilization or poststorage hearing shall be conducted by the immobilizing or impounding agency or justice court within five working days after receipt of the request.

G. Failure of the owner, the spouse of the owner or other person or the other person's agent to request or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.

H. The immobilizing or impounding agency employing the person who directed the immobilization or storage is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that reasonable grounds for the immobilization or impoundment and storage are not established.


it looks like they are over charging me and i have never been notified of anything by anyone. I know it looks like im fishing, but f these guys. I want my car and I dont want to give them anything I dont have to. dont i have ANY leg in this situation?

 

[CdwJava]

You can speak to an attorney and pay more money. Or, get the car out of impound, request an itemized breakdown of their fees, then go after them in small claims court for overcharging you. By your figures, I see the rate (without fees or assessments imposed by the agency or the state) as being $15 x 21 days + $119 for a total of $434.

The longer you delay, the more money it will cost you.

But, they may collect the police department's release fee, there may be city o rcounty assessments they are lawfully able to apply, etc. Plus, the section you cited may not be applicable to this situation. You will have to do more research to determine if you have any grounds.

- Carl

 

[outonbail]

These charges sound low to me. I work with a local police impound yard, as the owners are personal friends and I have put several trucks together for them.

They charge I believe $30 to 35.00 per day storage, depending on the agency that requested the tow. I understand that this information I'm providing is for California, not Arizona, but I imagine it works much the same in Arizona as it does here.

Basically, my friends agency tows for the CHP, several local PD's and the local County Sheriff department, to name a few.
Each of these agencies require a bid to be presented from each company who wishes to contract with the agency to provide towing services. They are each required to meet specific standards as far as employees (no felons, drug screens, pass testing requirements to be certified by agencies etc) their equipment (new updated trucks, controls on both sides of trucks for safety reasons, carry specific towing and clean up related items etc) the equipment is also inspected once a year by each of these agencies to ensure compliance. They are required to have yard locations within the limits of the city they tow for, must have inside storage capabilities for vehicles stored for long term reasons like trials and evidence in cases. They are required to have specific insurance minimums on all trucks and employees, required to accept major credit cards etc. So it is really quite involved when all things are considered.

Now all the companies which are contracted with each agency, are requested by way of a rotation order and all are required to charge the same rates for storage, hook up, hourly rate etc. when they are towing for that agency. This amount is set at the beginning of the contracted year and can be changed along the way by the towing agencies submitting a request to increase charges, which is reviewed and then approved if warranted.
I know they just all received an increase here recently due to the increase in fuel costs. So when you post the law states fifteen dollars a day for storage, I have to believe there is additional law which makes these things flexable for the reasons stated above.

The storage and related towing charges can also vary depending on which agency requests the tow. The reason being that an agency like the CHP for example, has a higher dollar amount they require for insurance coverage than do most city police departments. So they allow a few dollars more a day for storage charges than do city PD's.

What I'm getting at here is that with all the requirements a company must meet to be in good standings with the agency they are towing for, it is very unlikely that they would do something to be in violation of their contract, as it has got to be really stupid to finance new trucks, pay all the insurance and pay for the countless other costs involved and then lose 80 percent of your towing business over trying to cheat a customer.

These companies are more credible than most people give them credit for. They have fulfilled their end of the contract obligation and have put forth the expense of towing and storing your vehicle. You have no claim against them or their charges at all. If the vehicle was impounded when it shouldn't have been, it is the agency that decided to impound the vehicle that would be responsible, not the towing company. The towing company has no say in what is towed, impounded or held for thirty days etc, this is decided by the police agency and they direct the towing company to proceed accordingly.

The towing companies here in California are also not allowed to release a vehicle which was towed under the direction of a law agency, unless the owner first gets a release from the agency initiating the tow. They only issue a release if the registration information is correct and current, the vehicle is insured and all fines against the vehicle have been satisfied.

The towing company has earned and deserves the charges you are not happy with, pay them or lose your vehicle altogether, it's your choice.

Also, the notice you claim you didn't receive is sent to the last known mailing address on file with the DMV and it is sent via certified or registered mail. If the vehicle was sold and the new owner didn't transfer the vehicle into their name, or if they have moved and not notified the DMV, then they would not receive this notification. But here again, the towing company is not responsible for someone not receiving the paperwork. They are only required to send it to the address(s) on file with the DMV.

So the charges you mention, regardless of what you believe, sound like your getting off cheap. Pay the bill and thank the towing company for taking good care of your vehicle!

 

[CdwJava]

I just did a Google search on the subject and found a load of info from a variety of AZ sources. I also found city Admin (vehicle release) fees as high as $150 (Phoenix) and this fee would put the estimate from my previous hypothesis at $584 ... sounds about right.

- Carl