Taken by the towman!

What is the name of your state? Wisconsin

Hello, Hope someone can help.

A month ago I was pulled over in my home town about three blocks from my home. I was taken to jail for a warrent for an unpaid traffic ticket. My vehicle was sent to impound despite the fact that I had already called my wife to come and drive the vehicle home.
My wife called the towing company that night and asked them what the charges were and was told they were "unsure" right then. She asked them if she could come and get all or some of the property from inside right now or in the morning as I had just purchased several thousand dollars of ski equipment(and didn't pay a fine, I know), and it was still inside the car. They told her no, positively not.

Two weeks later......I get released from jail and call the towing company to get the vehicle out of impound. The owner of the repair/impound yard tells me that the cost of towing (30 mile) is $1200.00. BUT nothing was left inside. He actually said all the ski equipment was stolen. He also said he thought I had somehow, while I was in jail, taken the items and he was not responsible for them, meaning he wasn't planning on replacing them and I still had to pay the $1200.00 towing fee.

Is the city in any way responsible for the towing? The car was not parked in a restricted area and it would have been move within minutes.

I have reciepts for most of the items.
Any help please? Do I have a leg to stand on in small claims court?

inked1488 said:

What is the name of your state? Wisconsin

Hello, Hope someone can help.

A month ago I was pulled over in my home town about three blocks from my home. I was taken to jail for a warrant for an unpaid traffic ticket. My vehicle was sent to impound despite the fact that I had already called my wife to come and drive the vehicle home.
My wife called the towing company that night and asked them what the charges were and was told they were "unsure" right then. She asked them if she could come and get all or some of the property from inside right now or in the morning as I had just purchased several thousand dollars of ski equipment(and didn't pay a fine, I know), and it was still inside the car. They told her no, positively not.

Two weeks later......I get released from jail and call the towing company to get the vehicle out of impound. The owner of the repair/impound yard tells me that the cost of towing (30 mile) is $1200.00. BUT nothing was left inside. He actually said all the ski equipment was stolen. He also said he thought I had somehow, while I was in jail, taken the items and he was not responsible for them, meaning he wasn't planning on replacing them and I still had to pay the $1200.00 towing fee.

Is the city in any way responsible for the towing? The car was not parked in a restricted area and it would have been move within minutes.

I have receipts for most of the items.
Any help please? Do I have a leg to stand on in small claims court?

Click to expand...

My response:

Two weeks in jail for "a warrant for an unpaid traffic ticket"?

Wow, tough town you live in!

Anyway, get a copy of the police impound report. On it is written the policeman's "inventory" of your car as it existed at the time the tow truck came to get your car. Your ski equipment, if it was really in your car (wink, wink) will be listed. If it is, write a certified return receipt letter to the tow company demanding payment for X dollars, or to turn this claim over to their insurance company. If neither happens, sue the tow company in Small Claims court. Bring your proof to court with you.

IAAL

Thanks!

Hey, thanks for the information. Next problem is I went to the police station and requested the police report of the incident and on it was very little information. The whole report is less than half of the page and there isn't even a mention of the vehicle being placed in impound much less an inventory of the vehicle.
One other thing, there isn't much doubt that the items were in there at the start and not there now as the tow guy said that it was now missing, right?

Yeah, very tough county to live in. BEWARE of HAZARD county Wisconsin, otherwise known as Dane County. I like to call it 100 square mile surrounded by reality!

Re: Thanks!

inked1488 said:

Hey, thanks for the information. Next problem is I went to the police station and requested the police report of the incident and on it was very little information. The whole report is less than half of the page and there isn't even a mention of the vehicle being placed in impound much less an inventory of the vehicle.
One other thing, there isn't much doubt that the items were in there at the start and not there now as the tow guy said that it was now missing, right?

Yeah, very tough county to live in. BEWARE of HAZARD county Wisconsin, otherwise known as Dane County. I like to call it 100 square mile surrounded by reality!

Click to expand...

My response:

Unless there was an "inventory" for your vehicle, your chances in court are slim and none. Do you sincerely believe that, when asked, the tow owner is going to admit that there was any ski equipment in the vehicle?

Hey, you can try suing in Small Claims court, because you have nothing to lose by trying. But unless you're able to subpoena the cop to court and have him testify that there was, in fact, ski equipment at the time of the towing; i.e., that you didn't take the equipment before towing, then your chances are very dim.

Good luck.

IAAL