What is the name of your state (only U.S. law)? GA
I live in GA. I was parked in a private party lot, that can be used for a Post Office. Anyway, I accidentally parked in an employee parking spot instead of a regular post office spot. Long story short, I was in the post office for quite a few minutes, and also went next door to the PO for like 5 mins. Came back to get in my vehicle and saw a tow truck backing up to my car. By the time I get to him, the wheel lift is under the front of my car, and he is getting out of the cab to hook up. At this point, it is just the wheel lift under the front of my car, he hasn't even done anything else but get out of the truck. I ask "Can I get my car?" He says no, and if I want it I have to pay $100. I ask again "Can I just get my car?" He says no and he will do $80. Being as it is my lunch break and I need to get back to work, I pay him $80 and get my vehicle back. Anyway...
GA Subject 515-16-15.04 NON-CONSENSUAL TOWING states...
Rule 515-16-15-.04 Vehicle Not Towed Upon Operator Returning (1) The operator or driver employed by a wrecker service summoned to tow away any vehicle from private property, shall not tow the vehicle away and shall not charge any fee if the operator or owner of the vehicle returns, and produces the ignition key to the vehicle, and immediately removes the vehicle from the private property. (2) If the vehicle has been hooked with hoisting apparatus, including wheel dollies, or loaded by the wrecker service and the vehicle has not left the premises, the vehicle shall be released and the operator's fee as prescribed in the Maximum Rate Tariff may apply. A receipt, containing the date and time of the release of the vehicle, total amount charged, location of the private property, wrecker service's name, address, and telephone number shall be issued to the owner/operator of the vehicle. (3) Once the wrecker service has left the location to which it was summoned charges may be assessed in accordance with the Maximum Rate Tariff. The operator's fee, as described in paragraph (b), shall not apply in this instance.
Should I be able to get my $80 back from the Tow company?
Any assistance is appreciated.
I live in GA. I was parked in a private party lot, that can be used for a Post Office. Anyway, I accidentally parked in an employee parking spot instead of a regular post office spot. Long story short, I was in the post office for quite a few minutes, and also went next door to the PO for like 5 mins. Came back to get in my vehicle and saw a tow truck backing up to my car. By the time I get to him, the wheel lift is under the front of my car, and he is getting out of the cab to hook up. At this point, it is just the wheel lift under the front of my car, he hasn't even done anything else but get out of the truck. I ask "Can I get my car?" He says no, and if I want it I have to pay $100. I ask again "Can I just get my car?" He says no and he will do $80. Being as it is my lunch break and I need to get back to work, I pay him $80 and get my vehicle back. Anyway...
GA Subject 515-16-15.04 NON-CONSENSUAL TOWING states...
Rule 515-16-15-.04 Vehicle Not Towed Upon Operator Returning (1) The operator or driver employed by a wrecker service summoned to tow away any vehicle from private property, shall not tow the vehicle away and shall not charge any fee if the operator or owner of the vehicle returns, and produces the ignition key to the vehicle, and immediately removes the vehicle from the private property. (2) If the vehicle has been hooked with hoisting apparatus, including wheel dollies, or loaded by the wrecker service and the vehicle has not left the premises, the vehicle shall be released and the operator's fee as prescribed in the Maximum Rate Tariff may apply. A receipt, containing the date and time of the release of the vehicle, total amount charged, location of the private property, wrecker service's name, address, and telephone number shall be issued to the owner/operator of the vehicle. (3) Once the wrecker service has left the location to which it was summoned charges may be assessed in accordance with the Maximum Rate Tariff. The operator's fee, as described in paragraph (b), shall not apply in this instance.
Should I be able to get my $80 back from the Tow company?
Any assistance is appreciated.