tootsielove
Junior Member
Utah
I recently had a boot put on my car. I was on a private street and apparently you cannot park on this street between the hours of 11pm and 6am. The street I parked on is a dead end street, the house I was parked in front of was on the corner right as you enter the street. There is not a sign posted until later on down the street, it is not visible from where I was parked, stating you cannot park past 11pm. After I realized there was a boot on my car I waited for the tow truck to arrive. When it finally did arrive, the driver told me he would tow the car or I could pay $80 to have them remove it. I paid for them to remove the boot, $80 cash (had to run to an atm because he would not make change), I also requested they give me something saying that was the amount they charged for removing a boot and the driver did not have one on him. I researched the laws on this and I have found out the following...
Utah Code 41-6a-304 under 2a reads any provision of this chapter, for which a traffic-control device is required, may not be enforced if at the time and place of the alleged violation the traffic-control device is not in proper position and sufficiently legible to be seen by an ordinary observant person. (traffic-control device would be the sign that should be posted)
Utah Code 72-9-603 under 6 reads A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees and rates for tow truck service and storage if a vehicle in accordance with rules established under subsection 7
I contacted the towing company with this information and before I was even able to give them the information I had, they told me if I wanted a refund I would need to take them to small claims court.
My dilema is... is $80 really enough to file with a small claims court?What is the name of your state?
I recently had a boot put on my car. I was on a private street and apparently you cannot park on this street between the hours of 11pm and 6am. The street I parked on is a dead end street, the house I was parked in front of was on the corner right as you enter the street. There is not a sign posted until later on down the street, it is not visible from where I was parked, stating you cannot park past 11pm. After I realized there was a boot on my car I waited for the tow truck to arrive. When it finally did arrive, the driver told me he would tow the car or I could pay $80 to have them remove it. I paid for them to remove the boot, $80 cash (had to run to an atm because he would not make change), I also requested they give me something saying that was the amount they charged for removing a boot and the driver did not have one on him. I researched the laws on this and I have found out the following...
Utah Code 41-6a-304 under 2a reads any provision of this chapter, for which a traffic-control device is required, may not be enforced if at the time and place of the alleged violation the traffic-control device is not in proper position and sufficiently legible to be seen by an ordinary observant person. (traffic-control device would be the sign that should be posted)
Utah Code 72-9-603 under 6 reads A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees and rates for tow truck service and storage if a vehicle in accordance with rules established under subsection 7
I contacted the towing company with this information and before I was even able to give them the information I had, they told me if I wanted a refund I would need to take them to small claims court.
My dilema is... is $80 really enough to file with a small claims court?What is the name of your state?