Illegally towed and charged

[KendraMc]

What is the name of your state? New York State, Not NewYork City.
Sorry, but usually when I just put NewYork it gets taken for NYC.

I was parked in a public city parking lot. That has no signs saying no parking, nor does it have any hours of restricted parking. My car was towed by a tow truck company that said a place of business that has rights to the parking lot requested it be towed. This business will not tell me who gives them the right to have my vehicle towed.The city police were not aware of this. No tickets were issued. The tow truck driver wanted $100, I refused and drove off his lot. He called the police who said I had to pay or be charged with petit (spelling?) larceny. So I paid, next day I found out that the city ordinance is only $50, so I called to ask for a refund and he told me to forget it. Also found out that in the last 2 months he has towed 35 cars and most people were charged $75-$125. This cant be legal because the city police did not request the tow. Can anyone tell me what my legal recourse would be? Can I have him arrested for stealing my car? And what about getting the overpayment fee back? Thanks for the advice.

 

[kabal]

well here ya go.

I am not a lawyer but here is your dilema.

If the tow truck company has tow rights to a garage "Contract" with the business owner or building owner. There does not need tobe a visble towing sign.

Police rate versus towing rates differ. See when the police call a company out to tow a car, the company is limited to the amount it can charge. "Police rates"

A PPI tow "Personal Property Inpound" Is more loosely regulated but there are some regulations. They are given a maximum they are allowed to charge by law for yor state. But the amount will be alot higher than the police imposed fee.

As far as suing for your money back or charging the driver with a crime, You will most likely lose because all he will have todo is present you with the business towing agreement. And he than will be justified in his actions. The best thing you an do is meet with the business owner and find out if he does indeed have an agreement if not than you have a winnable case and possibly some criminal charges.

good luck

 

[KendraMc]

Dear Kabal

Thank you for the excellent answer. You answered me more directly then the city police dept., (this is not the ny city police dept). It is the Glens Falls city police dept, better than the Mayor and better than the city's attorney. Yes... I have made quit a few phone calls. So basically my understanding from your message is... that even though it is a city owned public parking lot with no restrictions that because the business that had my vehicle towed has rights to the parking lot during special events that as long as they have a contract in place with the towing company then the tow was legal? And the city ordinance fee of $50 becomes void ? Thanks again.

 

[Isotope]

Like Kabal, I am no lawyer, but what Kabal stated just doesn't sound right. It has always been my understanding that a towing company, even if they have a contract with a particular business, has to post in a conspicuous place, a sign stating that the parking lot is for reserved parking only and that violators will be towed at the owners expense. You stated that you were in a city owned parking lot that, in fact, had no signs. If that is the case, then I do not reasonably see how any company, towing or otherwise, can dictate who can and can't park there. The city owns the property and they alone would be able to legally have your vehicle towed. The towing business in general has caught a lot of flack over the last few years for doing exactly what you described. I may be as wrong as wrong can be, so I would suggest that you wait until a legal proffesional posts his/her opinion(s) in response to your inquiry. No offence to Kabal, but neither of us really know the law. I speak simply on my own experiences over the past 25 years of utilizing metropolitan parking lots/garages. Good luck and perhaps, Blonde, Jet, SeniorJudge or one of the other competent individuals who frequent this forum can set the record straight for you.

 

[Janemas]

What is the name of your state? New York State, Not NewYork City.
Sorry, but usually when I just put NewYork it gets taken for NYC.

I was parked in a public city parking lot. That has no signs saying no parking, nor does it have any hours of restricted parking. My car was towed by a tow truck company that said a place of business that has rights to the parking lot requested it be towed. This business will not tell me who gives them the right to have my vehicle towed.The city police were not aware of this. No tickets were issued. The tow truck driver wanted $100, I refused and drove off his lot. He called the police who said I had to pay or be charged with petit (spelling?) larceny. So I paid, next day I found out that the city ordinance is only $50, so I called to ask for a refund and he told me to forget it. Also found out that in the last 2 months he has towed 35 cars and most people were charged $75-$125. This cant be legal because the city police did not request the tow. Can anyone tell me what my legal recourse would be? Can I have him arrested for stealing my car? And what about getting the overpayment fee back? Thanks for the advice.

Something similar just happened to me tonight and I plan to get my money back! McDonald's was next to a place where I get my soda in a can. I usually go to McDonald's first where I park and then get the soda but I it was too cold so I decided to get my soda first this evening. Within 5 minutes my car was booted. I caught them as I was walking towards McDonalds entry and an they said I had to pay them for crossing the street. I was furious since I shouldn't be fined by McDonald's for not drinking fountain soda and getting a can with intent to return and get my food from them as I usually do. My normal routine is to get the food and then the soda but it was cold this evening. I later found they overcharged me 50 dollars since I arrived at the premises before they took my car away. He insisted on moving my car across the street while I argued no, afraid he would take off, but he did so anyway and because he moved the car he thinks he has the right to charge the 100 fee. I did some research and found this:

http://www.newyorktransportation.com/info/towing.html

When a Vehicle is Towed for Being Improperly Parked on Private Property up to:

$100.00 for towing any distance and three days of storage

$10.00 for each day of storage thereafter

$50.00 if the person in control of the vehicle arrives prior to the removal of the vehicle

Placing a "boot" on your car, rather than towing it, is legal on some private property. But if your car is towed, the towing company cannot charge you for both towing and booting. The City set a maximum rate for booting at $25.00.

From a Driveway That You Blocked.
Call the local police precinct.

From the Street for a Parking or Traffic Violation.
Call the NYC Department of Transportation Bureau of Traffic at (212) TOWAWAY, that's (212) 869-2929.

NYC Department of Transportation Tow Charges.
The Department of Transportation (DOT) charges different rates. Call the DOT Parking Violations Bureau Help Line at (718)422-7800 for information.

NYC Department of Consumer Affairs
(212) 487-4444 To file a complaint about a private tower.
(212) 487-4103 To learn if a tower is licensed.

NYC Department of Transportation
(718) 422-7800 To file a complaint about a private tower.

NY State Department of Motor Vehicles
(518) 474-8943 To file a complaint about auto repairs.