Removing an unlocked car boot from a tow agency

[justalayman]

Vehicle Booting





When a vehicle is booted, a device is attached to a wheel of your vehicle to prevent you from moving it. Your vehicle can be booted for owing the city more than $350 in parking ticket or camera violations that are in judgment.

Frequently Asked Questions (FAQ)

Removing the Boot from Your Vehicle

To get the boot off, call the toll-free phone number on the boot notice (877-207-2134) to pay all of your outstanding judgment debt, plus the additional fees listed below. You can pay over the phone with your debit/credit card or an electronic check. We also accept cash, money orders or cashier's checks at our Business Centers. After you pay what you owe, you will receive a release code immediately. When you enter the code, the boot will unlock and you can remove it. You need to return the boot to a return location near you within 24 hours to avoid a late fee of $25.00 per day. Note: If your car is booted or is at risk of being booted DO NOT PAY ONLINE. If your car is at risk of being booted and you choose to pay online then your vehicle may be booted or towed before your payment is processed. You will be responsible for all booting or towing fees.

that's from NYC.gov http://www1.nyc.gov/site/finance/vehicles/services-booting.page

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Fees

There is a $159 fee for the boot and a $80 Sheriff’s execution fee as well as a poundage fee (5% of all fines including penalties and interest). If you do not pay the parking ticket or camera violation judgment debt and related fees within two business days of being booted, then your vehicle may be towed. The total amount that you must pay to get your vehicle back can be calculated using the chart on the Redeem a Towed Vehicle page.

then from their FAQ http://www1.nyc.gov/assets/finance/downloads/pdf/faq/booting_faq.pdf

16. WHAT HAPPENS IF I DON’T PAY THE FEES AND FINES?
If you do not pay the parking ticket or camera violation judgment debt and related fees within
two business days of being booted, then your vehicle may be towed. Your vehicle may also
be towed immediately after it is booted if you threaten to remove the boot or your vehicle has
previously had a boot that was unlawfully removed; if you owe more than $2,500 in judgment
debt; if the vehicle is illegally parked in a manner that affects public safety (i.e., in a bus stop,
on the sidewalk, etc.); or if the vehicle is unable to be booted due to some other physical impediment.

so, if you don't pay the fees and fines, it would appear one day you may walk out to where your car WAS. Then to get it back, you get to pay everything.


I don't see anything suggesting it would be considered a crime.


so, if you don't pay the tow guy I suspect he may follow you around and one day when you hop out of your car he's going to hook it up and go. Then you can argue all you want but I would bet you don't get it back unless you pay everything you owe him.

 

[ScottBrown1980]

Yeah, I was assuming along those lines. I wouldnt even have considered it if it was city property or put on by an officer. Its a small city. They hand over the booting/towing to this guy currently. It was a calculated risk knowing Ill be moving. Next time they would definitely tow it right away. Luckily I'll be in another state out of a city with their odd parking laws. They got me on the transistion from the 31st-1st. Most of us switched sides as usual, but that was incorrect for that night. Considering the Chiefs offer I may see if he'll up it to $100 to show them how I removed it, pay the tow guy, and make everyone happy. A simple modification would prevent someone from taking the 10 seconds it took to open. So would putting it on properly, and locking it. Might as well leaned it against the car with a note saying pay me or else.

 

[HighwayMan]

As per wording of penal law 165-15 does anyone see something making this criminal versus civil.

You're not getting it. The New York State Penal Law is a collection of criminal statutes.

Theft of Service is a CRIME.

 

[HighwayMan]

that's from NYC.gov http://www1.nyc.gov/site/finance/vehicles/services-booting.page
...then from their FAQ http://www1.nyc.gov/assets/finance/downloads/pdf/faq/booting_faq.pdf

If he's dealing with the "chief of police" then this is definitely not New York City.

 

[OHRoadwarrior]

So the point of this is he fully intends to rip off the tow operator by moving away with the car. A smart tow operator would put a lien on the car, then have it repossessed after a judgment for costs plus interest. They are chummy guys. Meet from around the country every year for the Tow Show and happy to enforce judgment for a fellow operator in another state. VIN numbers can be tracked.

 

[justalayman]

If he's dealing with the "chief of police" then this is definitely not New York City.

Ya mean there's more than one city in NY?

For some reason I started searching for something and got stuck on NYC stuff.

 

[ScottBrown1980]

For you trolling "Officers of the Law" If you read my posts fully, instead of looking for any chances to insult, and speak down, youll notice I am paying him. Ive since checked your other posts, and you're the resident trolls on this forum. Your comments will be weighted as such. This was trivial inquiry searching for understanding into that law. I'm reading it, and all I see is statutes about stealing metered uti;ity services such as cable, or other services you request, and then circumvent payment of. While I am sure you are very knowledgeable you seem to lack appropriate delivery for imparting any knowledge to people looking for advice. I'm seeking to learn. Considering you've iterated what a very vindictive person might due I will be relocating my car until I pay him Friday. Thank you for the advice

 

[justalayman]

For you trolling "Officers of the Law" If you read my posts fully, instead of looking for any chances to insult, and speak down, youll notice I am paying him. Ive since checked your other posts, and you're the resident trolls on this forum. Your comments will be weighted as such. This was trivial inquiry searching for understanding into that law. I'm reading it, and all I see is statutes about stealing metered uti;ity services such as cable, or other services you request, and then circumvent payment of. While I am sure you are very knowledgeable you seem to lack appropriate delivery for imparting any knowledge to people looking for advice. I'm seeking to learn. Considering you've iterated what a very vindictive person might due I will be relocating my car until I pay him Friday. Thank you for the advice

Hey, chill. We have fun and hopefully, provide some info along the way. If this was a stodgy boring forum you would have to wait forever for an answer and you wouldn't get the rapport between the regulars tossing things about which actually results in a more complete answer. Don't be a spoiled sport.


While I won't say theft of services it a valid charge, in the end, if the tow operator can convince the chief of police it might be, it really doesn't matter. Cops arrest based on probable cause. Some cops have an odd understanding of what PC is but even worse; some cops simply don't care. While I don't know if the charge itself is valid (I suspect not but I have not delved into it enough) if the tow operator has the ear of the chief, it may not matter in the end.

 

[HighwayMan]

For some reason I started searching for something and got stuck on NYC stuff.

Well, that's a pretty easy thing to do!

 

[ScottBrown1980]

Lol I admit I didn't investigate this forum properly before posting. I mistook it as something akin to AVVO with actual legal advice instead of interpreted opinions by bored police officers with an axe to grind. The chief is more on my side, but this guy is thumping that penal law at him every day. Partially why he's considering finding a a more respectable and professional tow service to contract. He felt I handled the situation responsibly considering. He knows I very well could have removed the boot, and ditched it hiding behind the fact they'd need to prove I removed it with more than just motive as proof.. Nothings going to happen. Ill have him paid before anything occurs legally. If he keeps being a douche I'm making an instructive youtube video on how to remove them in 30 seconds with damaging the boot. In the interest of freeing up cars that have been booted illegally of course. Itd be a shame if the next guy decides to lose the boot instead of return it.

 

[justalayman]

There are folks from all walks of life that post here, including several attorneys. What people fail to read is the TOS when they sign up, or scroll down to the bottom of any page.


As to you thinking you could have tossed the thing and gotten away with it;

Not likely. If the tow operated could document he installed a boot on your car, the presumption is you removed it and discarded it. That will result in you being charged for the loss of words. That would be enough evidence to convict you unless you had some defense. The assumption is that it was secure and on your car. You would have to overcome that presumption to win.

 

[HighwayMan]

nd. The chief is more on my side...

Bully for you.

The police aren't the only ones who can interact with the District Attorney's office or the local courts.

The drunk guy could decide to pursue the matter with one of those entities and if said entity thinks there's a case you will be charged with the crime. Once an arrest warrant is issued then your friend the chief won't have a choice but to arrest you.

The chances of that happening are slim but it's certainly a real possibility.

 

[OHRoadwarrior]

Why do people break the law, come here for reassurance they can get away with it, then get mad when we do not give them an ATTA BOY?