illegal towing?

[a043029]

What is the name of your state? MN

I received written permission from the Police Chief to park in front of my house on a county road right-of-way posted no parking 2AM-6AM as long as the tires were not on the pavement and have been parking there for almost 15 years.

My neighbor plowed his snow onto my property and buried my trailer parked there in 4 feet of snow after I asked him not to. I contacted the Police to stop this nuisance and property damage thinking that rules were in place about plowing snow onto adjacent properties. The snow gets so high I can't even see oncoming traffic when exiting my driveway.

The Police issued me a ticket to move the trailer. When I explained that I had permission the chief claimed that he never gave permission for a trailer to be stored there but the written permission letter does not agree. I told him that it wasn't being stored and that I needed to use it but it was buried by my neighbor in snow. He assigned the parties involved mediation but has not given us the time to comply.

He replied there were no rules about plowing snow onto adjacent properties and that I need to move the trailer. I tried but even with a jack I couldn't move the trailer. He turned down my request to wait for more clement weather to move the trailer. We have had subzero wind chills during this period.

He towed the trailer and now all charges will be added to my property taxes. I am on my way to pick up the trailer from the impound lot.

Driving the county road I see 3 other people in violation of the no parking ordinance. He is selectively prosecuting me after reneging on our agreement. We are a small suburb of the Twin Cities in Hennepin County with no Internal Affairs Division. Besides City Council is there any agency that provides oversight on the discriminatory practices of unreasonable police? The chief is retaliating for a previous incident which I won.

Is there no remedy for a Police Chief with a personal vendetta against me?

 

[moburkes]

How did he have your trailer towed, yet you were unable to access it?

 

[Zigner]

Is there no remedy for a Police Chief with a personal vendetta against me?

Maybe, maybe not.
My question, though, is how did they tow your trailer if you could not?


EDIT:
Mo beat me to it!

 

[CdwJava]

Is there no remedy for a Police Chief with a personal vendetta against me?

Mayor, city manager, city council, media ... there are a number of avenues you can travel.

However, the bottom line will come down to: Were you in violation of the ordinance? If the answer is: "Yes .. but, I had this letter," then you may well lose. The Chief cannot unilaterally change the law. He can always direct his officers to exercise discretion, but he cannot exempt you from the law. That letter has no real legal foundation any more than it would if he granted you permission to exceed the speed limit on city streets.

You can always seek advice of counsel and make a claim to the city for your damages. If the city fathers agree that the letter granted you this special relationship (by way of an exemption) then they may suck up the cost of the tow.

- Carl

 

[a043029]

Thanks to all who commented on this.

They towed it by getting a huge, flatbed tow truck and using it's industrial sized winch to yank it out.

Naively, I thought that since my neighbor had trespassed by plowing snow from his property onto mine and buried the trailer in 4 feet of snow he should bear some responsibility. Now, when I return the favor and plow snow onto his property I guarantee that I will be charged again. Equal protection under the law is a myth!

 

[a043029]

I forgot to mention one other thing.

Seems to me I didn't do anything wrong. I got permission from authority and followed his direction. I asked the neighbor to stop his trespass. I contacted authority to stop the trespass. The authority is not interested in stopping the trespass or the property damage. I agreed to move the trailer but needed more time which was refused.

My point is there is very little I would have done different. And just like in the 3rd world there is no one likely to intervene to stop an unreasonable authority who has a personal ax to grind. The local council is in bed with the police. There is no outside agency that provides oversight. I expected to go before an independent judge...

 

[Zigner]

Thanks to all who commented on this.

They towed it by getting a huge, flatbed tow truck and using it's industrial sized winch to yank it out.

Naively, I thought that since my neighbor had trespassed by plowing snow from his property onto mine and buried the trailer in 4 feet of snow he should bear some responsibility. Now, when I return the favor and plow snow onto his property I guarantee that I will be charged again. Equal protection under the law is a myth!

In order to recover money in this situation, you would have to have damages that were NOT caused by your illegal actions.

 

[a043029]

The point I'm trying to make is about unreasonable and arbitrary authority.

I demonstrated good faith by asking the police for permission and I expected good faith from the police. Instead I got bait and switch (permission to park there--permission revoked without cause). I demonstrated good faith by agreeing to remove the trailer but needed better conditions to comply. The trailer could not be moved by a person without a tow truck in his name.

"In order to recover money in this situation, you would have to have damages that were NOT caused by your illegal actions."

This came about because my neighbor dumped 4 feet of snow onto my trailer and because of the bait and switch. What about trespassing to plow snow into my trailer resulting in the property damage of a flat tire? Turnaround would be plowing snow into my neighbor's vehicles. Would I be prosecuted if I flattened my neighbor's tires doing that?

I know the police have discretion. But it's not right that I suffer for doing the exact same thing my other neighbor is doing at this moment. We're not talking about being granted permission to speed. Or not pulling over every speeder. We are talking about the police ticketing me and willfully ignoring the exact same behavior literally across the street.

 

[moburkes]

I don't know that dumping snow was trespassing. If that was the case, then every snow plow that pushed snow against your lawn or driveway when it is plowing the streets is trespassing. Also, do you have a no trespassing sign? If I turned my vehicle around in your driveway, so that I could head in the other direction, would I be trespassing?

 

[Zigner]

If I turned my vehicle around in your driveway, so that I could head in the other direction, would I be trespassing?

*Technically*, yes .
However, OP's problem is that he thinks his fines were caused by his neighbor, when in fact, they were caused by his illegal act.

 

[moburkes]

*Technically*, yes .
However, OP's problem is that he thinks his fines were caused by his neighbor, when in fact, they were caused by his illegal act.

Alright. Would it be illegal?

 

[Zigner]

Alright. Would it be illegal?

Are we talking Tort or Criminal?

 

[moburkes]

Are we talking Tort or Criminal?

Both. Help me here...

 

[Zigner]

Both. Help me here...

Can't speak to the criminal side...
However, if *any* damage were caused by driving up on the driveway, then it is trespassing. That doesn't mean that one could collect, as the "damage" may be so minor as to make any attempt to pursue recovery pointless. (ie: what are the monetary damages if the tires leave slight marks on your pavement?)

That's why I used the word "technically" <grin>

 

[moburkes]

Can't speak to the criminal side...
However, if *any* damage were caused by driving up on the driveway, then it is trespassing. That doesn't mean that one could collect, as the "damage" may be so minor as to make any attempt to pursue recovery pointless. (ie: what are the monetary damages if the tires leave slight marks on your pavement?)

That's why I used the word "technically" <grin>

You're wroking my brain WAY too hard!