Neighbor has my car towed for parking on public street

[ErinGoBragh]

What is the name of your state (only U.S. law)? NY

Here's the short of it: I live in a 2 family with on-street parking. Most of the neighbors also have on-street parking, which is city parking. I dug out a spot after the snowstorm, and someone came along and took my spot. Whatever, it happens all the time, so I just parked around the block, which is a wider street and had been plowed. There's no snow emergency, no signs saying I can't park there, no driveway I was blocking, and no signs that indicate it's private parking- because it's not.

Neighbor calls the city police and has my car towed because it's in "her" spot in front of her house. She pays for the towing, but because I don't figure this out until the day after (I was sick, although it really shouldn't matter), I end up paying storage fees of $80 to get my car out of tow. Needless to say, I'm pretty angry. I called the city police to see what had happened to my car, and they said they towed it because "That's the way parking in x city works, everyone knows that." I asked them if what I did was against the law, they said no.

There are frequently times when I have to park in front of other people's homes. There are around 3 spots in front of my house for 5 cars- with absolutely no room on the property for offstreet parking. Is there anything I can do to prevent the police department from towing my car at the will of a neighbor? Go before city council or something? I get that people are possessive of their spots, but I'm not doing anything illegal here, and frankly, I think this is really petty and ridiculous, and it's money I can ill afford to be spending.

 

[You Are Guilty]

Although I have never heard of a city/local ordinance that would permit this, you don't mention the specific city, so I have no way to know for sure. However, unless you are violating a statute/code/ordinance, (like the one that says you can't stay on the same spot more than 72 hours in a row), then you generally cannot be towed from a public street for parking near someone's house. I'd bring your neighbor and the tow company to small claims to introduce yourself

That said, stuff like this does happen. People (police, tow operators, sanitation even sometimes) call in "favors" all the time. Still doesn't make it legal though.

Good luck.

 

[xylene]

This officers sound like complete morons who just didn't want a hassle. They should be fired to make way for lower paid non-union non-collective bargaining employees who properly fear the citizens power to dismiss them jobs which are privilege like any other employment.

I know for a fact that parking does NOT work like that in any NY city apart from rare permit parking regulations that I know are not applicable to your situation. Not legally.

I personally would park in front of this persons house every day until a real hot war was brewing, because the police are just not going to do their jobs for less.

I would buy the ugliest 1979 Caprice type beater car, just to park in front of her house and rack up damages.

You need to sue the lady and the tow company

You mention only storage? Why were you charged storage if not towing fee?

It is very odd that you had to pay storage on a wrongful tow... and points to what is wrong here.

 

[justalayman]

You mention only storage? Why were you charged storage if not towing fee?
e.

because of this:

Neighbor calls the city police and has my car towed because it's in "her" spot in front of her house. She pays for the towing,

 

[xylene]

because of this:

I was more referring to

I asked them if what I did was against the law, they said no.

Just because some 3rd party ponies up for an illegal tow... doesn't by magic legalize the therefore wrongful impound fee.

Of course the poster is wise to pay the fee, mitigate and go, but it sure seems like a case of the cops, the neighbor, and the tow place having it both ways.

 

[You Are Guilty]

No liability for the police - they didn't tow the car, and giving bad advice is not illegal (which is a very good thing for many posters at FA).

 

[ErinGoBragh]

No liability for the police - they didn't tow the car, and giving bad advice is not illegal (which is a very good thing for many posters at FA).

They authorized the tow. She called the cops, and the cops called the tow truck company.

It's been a helluva month, let me tell you...

 

[You Are Guilty]

Wait. The neighbor called the police (tow company?), who then signed the auth for the tow but the neighbor paid? Either your neighbor is the chief of police, or you have some really corrupt officers.

Oh well, add the PD to the list of defendants!

 

[ErinGoBragh]

Although I have never heard of a city/local ordinance that would permit this, you don't mention the specific city, so I have no way to know for sure. However, unless you are violating a statute/code/ordinance, (like the one that says you can't stay on the same spot more than 72 hours in a row), then you generally cannot be towed from a public street for parking near someone's house. I'd bring your neighbor and the tow company to small claims to introduce yourself

That said, stuff like this does happen. People (police, tow operators, sanitation even sometimes) call in "favors" all the time. Still doesn't make it legal though.

Good luck.

I'll PM you the city, if that helps. I've looked at the ordinances, and I can't find anything- I really try to be on the good side of public parking, because when I was in my late teens I had my car towed twice because I was an idiot and not looking at the signs, and that was really expensive. Twice was more than enough- but at least then I had it coming and it taught me a lesson. Frankly, this is just idiotic.

I think I will do what you suggest regarding small claims. I'm not really sure how I would jointly name them- just sue for $80 and the filing fees and name both as defendants? The tow operation is a local place about two blocks away, so I'm thinking this may not be a bad idea, as I can probably look forward to more of this in the future if I don't address it somehow.

 

[ErinGoBragh]

Wait. The neighbor called the police (tow company?), who then signed the auth for the tow but the neighbor paid? Either your neighbor is the chief of police, or you have some really corrupt officers.

Oh well, add the PD to the list of defendants!

Yes, that is correct.

 

[Zigner]

Of course, without making a proper claim against the PD - having them as defendants won't matter at all

 

[ErinGoBragh]

This officers sound like complete morons who just didn't want a hassle. They should be fired to make way for lower paid non-union non-collective bargaining employees who properly fear the citizens power to dismiss them jobs which are privilege like any other employment.

I know for a fact that parking does NOT work like that in any NY city apart from rare permit parking regulations that I know are not applicable to your situation. Not legally.

I personally would park in front of this persons house every day until a real hot war was brewing, because the police are just not going to do their jobs for less.

I would buy the ugliest 1979 Caprice type beater car, just to park in front of her house and rack up damages.

You need to sue the lady and the tow company

You mention only storage? Why were you charged storage if not towing fee?

It is very odd that you had to pay storage on a wrongful tow... and points to what is wrong here.

The way it was explained to me by the tow truck company was that the initial tow was paid for by the woman who called the police, but that I was liable for the storage fee because it sat in storage for a day and I could have picked the car up the same day.

As for the beater, I would love to, but I have so many medical bills I'm dealing with right now, I don't have a cent to spare. My entertainment these days when I'm not doing the school, work, or internship thing is staying at home, knitting, and watching hulu, because that's all I can afford until I get some bills paid off. $80 might not even sound like a lot, but that will cover almost all of the cost of my visit to the doctor last week, so right now, that's huge to me.

 

[justalayman]

I was more referring to



Just because some 3rd party ponies up for an illegal tow... doesn't by magic legalize the therefore wrongful impound fee.

Of course the poster is wise to pay the fee, mitigate and go, but it sure seems like a case of the cops, the neighbor, and the tow place having it both ways.

all I was referring to was your query of why the OP was charged an impound fee but not a towing fee.

after a tow an impound lot is going to charge a storage fee. That's just what they do. Not saying it is proper but that separates the impound fee from the towing fee.

 

[ErinGoBragh]

Of course, without making a proper claim against the PD - having them as defendants won't matter at all

Well, I just had a thought on the PD. I have the former chief of police's phone number from back when I was a student of his in Criminal Justice. Might it be a bad idea to call him and try to play the nepotism card?

 

[ErinGoBragh]

Either your neighbor is the chief of police, or you have some really corrupt officers.

Oh well, add the PD to the list of defendants!

The neighbor's husband used to be a cop. Not sure where, but my landlord told me that a while back. I think he's been retired for quite a long time though.