Removing an unlocked car boot from a tow agency

[ScottBrown1980]

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

Monday a local tow company placed a car boot on my vehicle. I paid the fine and removed the boot myself. It was unlocked and separated by hand.I located the tow company, and returned the boot to ensure it didnt disappear. as they are $650. He called the police who let me go feeling it was a civil matter. I also asked him for a bill to pay him once my taxes came through, but he refused. This was noted by the police that I attempted to obtain a bill. Now the police chief (nice guy) just called me saying the tow man is calling him daily insisting I be arrested for theft of services. Im unsure, as does the police chief, as to if this is. It was improperly installed, not locked, and I did not require the "removal service" as it is called. He should be gracious I returned it and explained how it was removed instead of ditching it and playing dumb as to ever seeing one. "Someone must have taken it. Prove it was me." The police seem to be on my side with this but he is incessantly citing penal law 165-15 theft of services. Is this a civil or criminal issue.

 

[davew128]

Why pay the "fine" if you could remove the boot? Was it a government issued fine or a private parking fine?

 

[HighwayMan]

This is criminal. Theft of service is a misdemeanor.

First of all, if you simply removed the boot and got rid of it you could have been charged with larceny and possibly criminal mischief.

I'm not sure where the TOS comes into play. Why was your car booted?

 

[LdiJ]

This is criminal. Theft of service is a misdemeanor.

First of all, if you simply removed the boot and got rid of it you could have been charged with larceny and possibly criminal mischief.

I'm not sure where the TOS comes into play. Why was your car booted?

IF its theft of service at all. Obviously the police did not feel that it was or the OP would have been arrested.

 

[Zigner]

IF its theft of service at all. Obviously the police did not feel that it was or the OP would have been arrested.

Because every single small-time crime leads to an arrest at a busy police department?

 

[ScottBrown1980]

It was a private tow company contracted to the city. I spoke with the police chief several times. Nice guy. He asked me to contact the guy and see if I could work out a payment. I tried. Hes drunk at the moment acting like a small child. I reiterated my request for a bill to pay him (which he refused to give me in front of the police the first time) when my check comes. He refused. The chief actually offered to pay me to show him how to remove them without damaging them. He made it very clear he feels this is petty nonsense but was obligated to call me. This guys just pissed he didnt get paid on the spot. Ive never heard someone so obstinate. He demands money right now because "I shouldn't have to wait to get paid", and refused my many offers of paying him next week. I think he has a BAC equivalent of his IQ.

 

[ScottBrown1980]

Furthermore, upon going over the theft of service law theres nothing pertaining to anything remotely related to this situation.

 

[OHRoadwarrior]

So you took off the boot, returned it but never paid the bill. I do not see this turning out well in court. In fact, expect another boot.

 

[ScottBrown1980]

Why pay the "fine" if you could remove the boot? Was it a government issued fine or a private parking fine?

It was for overdue parking tickets. I went in December 1st and paid all my outstandings. Turns out 2 early November tickets werent put in the computer til later in December. Why? I have no idea. Those two, added to another delinquent ticket from December, constituted a boot. I might be delayed due to current finances, but I do pay my fines.

 

[ScottBrown1980]

So you took off the boot, returned it but never paid the bill. I do not see this turning out well in court. In fact, expect another boot.

I paid the city not the tow guy. Hes no being too flexible with payment time frame in his current mood. I should call him for a tow, and then call the police since hes drunk as usual.

 

[OHRoadwarrior]

That is called theft of service. Enjoy your game.

 

[HighwayMan]

You failing to pay the tow company the fees they are due can either result in an arrest or you can be sued.

Just because the chief is a nice guy doesn't mean you're immune from future enforcement action.

As far as the drunk tow guy goes, it seems unlikely that he is a one man operation so a sober employee can show up to take care of unfinished business when you least expect it.

 

[HighwayMan]

I might be delayed due to current finances, but I do pay my fines.

That doesn't do you any good since you were late enough to get your car booted. Next time I'll bet they'll skip the boot and just tow/impound your car.

 

[HighwayMan]

Furthermore, upon going over the theft of service law theres nothing pertaining to anything remotely related to this situation.

Then you don't have an understanding of the situation - it certainly does apply here.

 

[ScottBrown1980]

That doesn't do you any good since you were late enough to get your car booted. Next time I'll bet they'll skip the boot and just tow/impound your car.

Yes, I agree that would be the case. Im moving out of state in a week so that's rather unlikely. Also, no. He drives **** faced all the time. hes the only operator. City is thinking of dropping his contract and going with some a little more respectable. Pertaining to my original question...As per wording of penal law 165-15 does anyone see something making this criminal versus civil. Ive repeatedly attempted to come up with an arrangement to pay in a week but hes demanding it NOW