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Old 01-13-2005, 12:43 PM
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liability when not authorized to drive


What is the name of your state?What is the name of your state? Canada

I received notice of parking violation from Detroit police 2 years after the date of infraction. The notice was forwarded to Canada from a previous California address. The infraction occurred while my car was in the care of a moving company (from California to Michigan on the back of a ladder car ramped truck) that did not have the authority to drive my car on public roads. My car registration was changed to Canada within a month of pickup.

I have the receipt of pick up of my car with a time stamp on it that is after the time of infraction on the parking infraction notice. I picked my car up from behind a gate that had to be opened for me while driving out onto a road. I was not told of any parking tickets and there was nothing on the windshield.

Who is liable for parking tickets in MI when owner is unaware of car being driven? It is now about $175 and in arrears. I have not approached Detroit police yet but intend to write a letter to them this week stating the situation. Should I pay the ticket and then sue the moving company? I doubt they will pay me. I have reported them to the BBB.

Thank you.
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Old 01-13-2005, 12:53 PM
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Join Date: Jul 2004
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The car transport/driver should have responsibility, and since this was not a single car driving transport, no reason to have the car off the truck except for loading and unloading, was this a joy ride or perhaps cited while cars being offloaded? You may want to check first with the transport company, perhaps they simply forgot to pay the ticket, if so, they should pay the ticket and all the fines. However if they deny it, then report the car stolen to the Detroit police with the documentation and let them go after the transport for both.
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Old 01-17-2005, 11:39 AM
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Thanks - which company is liable?


I left a voice message for the business where I picked up by car in Detroit 'Garden City Towing' when I first received the notice but never heard back. I have now sent a registered letter to the business in California 'Ultimate Auto Transport' based in Los Angeles with whom I had the moving contract. I included copies of the traffic violation notice and the receipt of auto pick-up COD with time-stamped USPS cashier's check. In the letter and voice message I did not mention the potential to file a stolen car report with Detroit police as I have not been successful in contacting the police by phone to validate it as a possible course of action.

I looked up the terms and liabilities at the back of the contract (it was very fine print, mostly about damages to the car such as scratches and dents, and some of the text is beginning to fade) and it does not say anything about traffic violations liability.

I am now wondering about the following:

1. Who exactly is liable for this violation - Garden City Towing in Detroit (the company that received my car and is contracted to the California company) or Ultimate Auto Transport (the company with which I contracted in California).
2. If either auto company does take care of the situation, will my name remain on record for the violation? Is that anything to be weary of?
3. Would it be easier/better to just let the police deal with this? I have never dealt with Detroit police and am not sure about how efficient they are (it took them 2 years to send me the notice of violation).
4. In Canada, you could get a citation for failing to report a violation immediately or within 24 hours of the learning of the incident. Not reporting the car stolen could perhaps result in a 'failing to report' citation issued to me in Detroit. I think the citations are rare and mostly for hit and run situations (the victim and bystanders are obligated to report whether the victim suffered damages or not).

Thank you.

Mira
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