Tow truck driver didn't get to tow my car. Do I still owe him?

[dbsmithson]

What is the name of your state? New Hampshire

A tow truck driver recently went to tow my car, and I got in and left before he could hook it up. I now have reason to believe he is still going to try to collect a $130-$150 fee from me for driving out to pick it up.

Here are my state's laws on towing:
[url]http://www.gencourt.state.nh.us/rsa/html/XXI/262/262-mrg.htm[/url]

The section on towing begins at 262:31.

Another important bit of information is that I sold the car in question a couple days after the incident. I only found out today from a third party that he may try to collect. The law seems to indicate that the money should be collected by a lein on the vehicle, but I don't see how they could place a lein against a vehicle I no longer own. This being the case, will they have any legal authority to attempt to collect in any other way?

Also, the police charge only $75 to tow a vehicle. The tow operator quoted me $150 which I recall because I replied that that was twice as much as the police charge, though the owner of the building insists it was only $130. I suspect the tow operator quoted him a different price, perhaps because $150 is unreasonably high, and the law seems to indicate that unreasonable towing fees are illegal.

So given all this info, what do you think, does the tow truck driver have a right to collect any fee from me, and if so should I look for certain things he would be allowed to charge me for on the bill, and certain things he would not be?

When I was at the scene he said if I didn't pay the $150 right then then he would tow the car and I'd have to pay a hooking charge and a storage charge. If he attempts to include those charges for services not rendered would that be illegal and grounds for me to refuse payment?

[moburkes]

And, your vehicle was going to be towed because...

[dbsmithson]

I was parked on private property (apartment building's driveway) without permission because vehicles on the street would be towed due to snow removal, and the nearest place where you could park legally was eight blocks away and none of the sidewalks or roads had been cleared.

The property had one small wight sign with red lettering one or two feet wide at the entrance mounted high on a garage that said vehicles would be towed. I could not see this, as it was placed inconspicuously and it was nighttime when I parked. There was no illumination of the sign. No other signs were posted. Even at dusk after having been told there was a sign in that general area I had to look around for a minute before I spotted it.

The owner called the towing company. I don't know if either informed the police about the tow before I arrived. I don't think that is required, the law seemes to indicate they may do so after. The law in one section appears to indicate the vehicle needs to be blocking a right of way... It was not. But in another section after that seems to have no such requirement or even require private property owners to have signs posted.

So I don't know if the tow would have been legal or not, if it had taken place, but I suspect it would have been.

I infer from Section 262:33 of the General Statutes that your recourse for disputing a towing charge is to pay the towing company and then--within fifteen days--submit a written request for a hearing. If it is found that your car was improperly towed the towing company will be ordered to reimburse you. Simple solution. If you're wrong, you should pay the fee. If you're right, you'll get your money back. I hope it hasn't been more than fifteen days.

I would guess that anything you've read about signage and illumination and blocking rights of way don't apply if you were actually parked on private property, but I have no resource from which to differentiate the concept of what I think of as "publicly private" property (such as apartment buildings) from "privately private" property (such as my house)--if there is even such a difference. So that's not by any means an educated guess. Just something to consider.

What interests me is the fact that you sold the vehicle after this happened, and I'm wondering about the legality of selling property on which a lien was pending and whether that creates any additional liability for you. Again, there may be no such liability; just something else you should be asking of those more knowledgeable than I.

ETA: It also occurs to me that whether the towing company acted improperly may be moot at this point if you are outside the fifteen day time frame provided for in the statute. Of course, that seems to mostly address actually towed or impounded vehicles. Hell, I'm not giving you any answers, I'm just creating more questions! Sorry, not much help, I probably shouldn't have even responded. But it took me for freakin' ever, so I'm leaving it up. There might be something worthwhile in there.

[dbsmithson]

Gevalia:

From that section:

---
I. Upon satisfying the requirements of RSA 262:32, such vehicle may be removed and stored in a suitable place, and all reasonable charges incurred as a result of such removal and storage shall be a lien against the vehicle which shall be paid by the owner, custodian, or person claiming such vehicle, except as otherwise provided in this section.
---

The vehicle was neither removed nor stored by the towing company. It seems to me that no charges should have resulted from removal and storage because no removal or storange took place.

An attempt to remove the vehicle occured, but this does not say anything about charges resulting from an attempted removal.

No, but this is why we need lawyers. They spend a lot of time in law school learning how to interpret the phrase "costs incurred." The towing company did incur costs, whether they actually took your vehicle or not. They dispatched a truck, they used gas, they used an employee's time, etc. Their assertion is that you were responsible for them having to do that. That's why they want you to pay. Whether it's worth what they want to charge you is another matter, and one that can be resolved during that hearing.

If your argument that it was an improper attempt to tow succeeds, you'll be reimbursed and they'll just have to chalk it up to the cost of doing business.

For what it's worth (but I'm in NC, so in this case it's not worth much) I used to have to tow unauthorized cars out of our parking lot. The tow charge was $75 plus storage, but if the owner arrived before the truck hooked him up he'd just charge him a flat $40 and call it a day. So, charging a fee even if you're not towed is not unheard of. It also makes me wonder, though, if what they're trying to charge you is kind of inflated--but, again: different states, different costs of living.

Ask for the hearing.