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  #1  
Old 12-29-2003, 04:42 PM
rfitchett
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towed vehicle


What is the name of your state? Arizona

My vehicle was towed on Sat. at midnight.
i called to reclaim my vehicle 6 times. finally got an answer at 2am they said that i could pick up my car at 6:30pm on Sun.
they also charged me $105.00 to get my vehicle back.

after getting my vehicle back i researched the city codes form where it was towed, i found a code that states: the maximum rate and charge for towing, transporting and impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle shall be $75.00. it also states: any person towing or transporting a vehicle from the private parking area shall maintain personnel able and authorized to release any vehicle to its owner on a 24 hour basis 7 days a week.
i filed a criminal complaint with the local pd.

my question is do i have a civil case for reimbursment of my fee?
also who's laws apply sence my vehicle was towed from one city and stored in another?
do the criminal cases help me with my civil suit?

thank you for any response
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  #2  
Old 12-29-2003, 07:00 PM
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"my question is do i have a civil case for reimbursment of my fee?"
*** Based solely on the information in your post, probably. However, before contemplating civil action, you should exhaust all reasonable efforts to get a reimbursement from them for the apparent overcharge.

"also who's laws apply sence my vehicle was towed from one city and stored in another?"
*** The state laws would supercede any local laws. Generally, the local laws where the vehicle was picked up from would limit.

"do the criminal cases help me with my civil suit?"
*** Presuming you mean the criminal complaints you filed against them, possibly. I would reserve any civil action until the criminal cause is cleared.
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  #3  
Old 12-30-2003, 03:47 PM
rfitchett
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Thank you JETX for your advise.

I got a call today from a code efforcement officer who informed me that the local Police have been concerned with many of the towing companies for price gouging. It seems they have been overcharging everyone they tow. They were very pleased to file my criminal complaint against this towing company.

I will take your advise and file a civil complaint once the criminal complaints have been satisfied.
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  #4  
Old 12-31-2003, 10:13 AM
rfitchett
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Exclamation

Another Question?


JETX or anyone out there

I was wondering if I file a civil complaint for reimbersment of my fee. Can I also include "lost wages"?
Lost wages because, beside from working full time I also own and operate my own "registered" pool cleaning service, and on the following day of my truck being towed I was scheduled to perform services for a number of my customers but was unable to because they wouldn't release my vehicle untill 6:30 pm Sunday evening. Which was a violation of the city code I mentioned earlier.

Also if one of my customers decides to cancel their pool service with my company because of my failure to appear on that day.
Would I be able to include "loss of future earnings"?

Thank you in advance for your advice.
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Old 12-31-2003, 12:20 PM
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"I was wondering if I file a civil complaint for reimbersment of my fee. Can I also include "lost wages"?"
*** You can certainly request them, but I doubt if they will be included. As for the claim of 'lost business' due to the towing, you would have to show that you actually LOST that business and that it wasn't simply rescheduled.

"Would I be able to include "loss of future earnings"?"
*** Very unlikely. The opposing party could say that you lost that business because you provided lousy service or any of a variety of other reasons. Simply not worth it.
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #6  
Old 01-01-2004, 12:05 PM
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I agree with JETX on this one.
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  #7  
Old 01-01-2004, 01:06 PM
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Boy, do I feel better now!!
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #8  
Old 01-01-2004, 01:31 PM
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And I am happy for that.
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  #9  
Old 01-01-2004, 01:35 PM
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My response:

Homie!

I'm running out of "padding"!

IAAL
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  #10  
Old 01-01-2004, 01:39 PM
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Sorry, IAAL, but that was not 'padding' under Homies Santa suit. That was the real thing!!
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The Eiffel Tower was constructed so that the French would have something very tall to wave their white flag of SURRENDER from so that the 'enemy' could see it before they actually attacked!!
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  #11  
Old 01-01-2004, 01:49 PM
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[quote]Originally posted by I AM ALWAYS LIABLE
[b]My response:

Homie!

I'm running out of "padding"!

IAAL

**A: why, does my cell need another layer.
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