Part I- Last year our second home was burglarized and my ATV stolen. Last week we were notified by the CHP that it was recovered and it is at the local tow yard (later informed that it was towed in the back of a pickup). When we arrived at the yard, we were informed that the fees to get the bike were $950. After further discussions I was able to talk the person down to a fee of $185. In the condition the bike is in now the value is most likely less than $50.
I have researched and found that the CA V.C Section 106525.5 that the tow company cannot charge more than 15 days storage fees once the registered owner’s name is ascertained. Since I was there at the tow yard within one hours time of being notified, basing my interpretation of the V.C, the tow company should not be able to charge more than ones days fees, or $46.
Does this seem logical, or does anyone have any input regarding this, besides just paying the $185? I think most everyone agrees that the tow industry bilks the general public on a daily basis.
Part II- I am trying to find the PR number from the tow company to get a copy for they are the only ones to piece the names of those involved. I want to sue in Small Claims, the person whom had possession of the bike when the police recovered it or at least pursue the path of the person that burglarized our home. I want to recover the costs of refurbishing the bike to its original condition ($2000), the costs of replacing the garage door they vandalized ($500) and of course the tow storage fees if I get the bike back ($46 – 185)
Any thoughts on suing someone that may be in prison or jail? Any success to suing a thief and recouping any costs related to the theft of personal property?
Part III- I also want to pursue with the DA’s office the action of prosecuting the person whom had possession for 1) Possession of stolen property, or 2) Breaking and Entering.
Any thoughts on how to persuade the DA’s office to pursue this course of action?
Thank you for your Reponses.
I have researched and found that the CA V.C Section 106525.5 that the tow company cannot charge more than 15 days storage fees once the registered owner’s name is ascertained. Since I was there at the tow yard within one hours time of being notified, basing my interpretation of the V.C, the tow company should not be able to charge more than ones days fees, or $46.
Does this seem logical, or does anyone have any input regarding this, besides just paying the $185? I think most everyone agrees that the tow industry bilks the general public on a daily basis.
Part II- I am trying to find the PR number from the tow company to get a copy for they are the only ones to piece the names of those involved. I want to sue in Small Claims, the person whom had possession of the bike when the police recovered it or at least pursue the path of the person that burglarized our home. I want to recover the costs of refurbishing the bike to its original condition ($2000), the costs of replacing the garage door they vandalized ($500) and of course the tow storage fees if I get the bike back ($46 – 185)
Any thoughts on suing someone that may be in prison or jail? Any success to suing a thief and recouping any costs related to the theft of personal property?
Part III- I also want to pursue with the DA’s office the action of prosecuting the person whom had possession for 1) Possession of stolen property, or 2) Breaking and Entering.
Any thoughts on how to persuade the DA’s office to pursue this course of action?
Thank you for your Reponses.