Legal recourse when towed

[goblingirl]

I apologize in advance to any people who operate a tow-truck company like an ethical company, any insults below are not directed at that minority.


I live in an apartment complex with permit parking. I have a permit, I also drive a very distinctive vehicle, a pink van (it runs, don't laugh). The permit is a placard that hangs from the review mirror.
Two weeks ago, my van was towed. When finally recovered, it appeared the review mirror had fallen off (3rd time that's happened since the windshield was replaced). It cost me $200 to get my vehicle back.

1 - The security company has seen my vehicle every night. However, they get kick-backs from the tow company for every tow they call for.

2 - If I can't get the money immediately, they keep putting on charges, and after a few days, they sell my vehicle. They will not let me get anything out of my vehicle.

3 - Before they will give me back my vehicle, they force me to sign a waiver claiming I will not hold them responsible for theft or damages. They wrote on my windshield with permanent marker.

What legal recourse do I have? Can I report my vehicle stolen if I can prove I did have a parking permit? Can I sue them for damages to my vehicle (dents and the permanent marker)?

Different instance, a vehicle parked at the same place, with parking permit in dash. Vehicle is unregistered because it hasn't been running for seven monthes, it's been being tinkered with and is just now working. Bought textbooks instead of tags because I needed the textbooks immediately and wasn't driving the vehicle. The parking permit ended up covered by some other papers. Vehicle got towed.

Fortunately I had AAA and had them tow it back to the complex, but what legal recourse would I have had if I'd have had to drive it to recover it? Would an officer have impounded the vehicle if I had explained the situation?

Might be better to ask a lawyer these questions, but the smug bastard at the tow company was bragging to me about how all the cops are on his side. I managed some revenge, but I'd like to know how the cops feel about these guys.

[acreature]

If the guidelines state that the placard must be visible from the rear view mirror, and said mirror fell off, I see no recourse for you other than to chaulk it up and fix the mirror. Hang the placard from a visor right next to the mirror. And in regards to damage, if you sign the waiver, you've signed their responsibilty away.

[goblingirl]

Even if legally you signed it under duress? They refuse to release the vehicle unless you sign it, whether you have paid (and the money been taken) or not? If I pay, refuse to sign, and they refuse to give me the vehicle, are they then guilty of theft?

[acreature]

Civil Attorney time.

[Aggie]

However, they get kick-backs from the tow company for every tow they call for.

I'm not saying you're wrong ... But do you know that for a fact? Tow Companies here keep all earnings.

[goblingirl]

Actually, it was 'call my friend in the IRS and remind him of the favor he owed me time'. I was out 200 bucks, the company was out 45 grand, the jerk that gave me the hard time nearly went to jail.

Yeah, immature of me, but it felt good. I'm normally a nice person.

I was just curious if I refused to sign and he refused to release the vehicle, could I have him arrested for theft?

And what about the second incident?

[Aggie]

If I can't get the money immediately, they keep putting on charges, and after a few days, they sell my vehicle. They will not let me get anything out of my vehicle.

No tow company sells your vehicle after a few days.

[darrell]

1 - The security company has seen my vehicle every night. However, they get kick-backs from the tow company for every tow they call for.

Doubt it. I tow on average 10 cars a month where I work (a college) and we do not get nor does any Police Department or security get a kick back that I am aware of for simply towing a vehicle.

2 - If I can't get the money immediately, they keep putting on charges, and after a few days, they sell my vehicle. They will not let me get anything out of my vehicle.

Yes there is a daily storage fee because it is takign up room in their yard. As for selling there is a set amount of days set by the state that allows them to sell it at auction and I believe it is in some cases 1 calendar year or once the Police Agency scraps the car out to the Tow Company thus signing over title and other pertanent paperwork.

3 - Before they will give me back my vehicle, they force me to sign a waiver claiming I will not hold them responsible for theft or damages. They wrote on my windshield with permanent marker.

Standard across the country. Even when you have your car towed because it don't start the same rule applies. Don't sign no tow, but you will pay them for showing up. At least the local companies charge here. The magic marker isn't permant on the windsheild and can be cleaned off with soap and water or a good window cleaner.

What legal recourse do I have? Can I report my vehicle stolen if I can prove I did have a parking permit? Can I sue them for damages to my vehicle (dents and the permanent marker)?

No you can't report it stolen because I know in Michigan any vehicle that has been towed must be reported to the local police to be put into our LEIN computer so it shows it as impounded. As for legal recourse talk to a lawyer but I highly doubt you can sue them at all for anything unless you can prove that the tow company purposely put dents and marks on your car. The writing on the windsheild should contain thier file number for records and the date of tow and impound.

Different instance, a vehicle parked at the same place, with parking permit in dash. Vehicle is unregistered because it hasn't been running for seven monthes, it's been being tinkered with and is just now working. Bought textbooks instead of tags because I needed the textbooks immediately and wasn't driving the vehicle. The parking permit ended up covered by some other papers. Vehicle got towed.

The vehicle is considered a abandoned and can and will be towed at my place. Our city has a ordiance that any vehicle that sits stationary in public view for more then 30 days unmoved must be registered with the state as still current or the car will be impounded at your expense by the police. Also any and all parking permits, handicapped stickers must at all times while parked must have said sticker or permit fully visable. I do not look on the seat, dash, floor or visor for a handicaped sticker in Michigan (I mean my work), if it isn't hanging from the rear view mirror I write the ticket as havign no sticker and so far the state says thats good enough.

Might be better to ask a lawyer these questions, but the smug bastard at the tow company was bragging to me about how all the cops are on his side. I managed some revenge, but I'd like to know how the cops feel about these guys.

What kind of revenge?

[goblingirl]

Oh, I suspected it because I was once a dispatcher for a different security company and the boss bragged about it, claiming all security companies did it that's why they always used the same tow company.

Then it got confirmed by the IRS guy.

[acreature]

you could not have him arrested for not releasing your vehicle if legally towed, and you refused to sign proper paperwork. >CIVIL ATTY

the second incident.... you cannot drive an unregistered vehicle on a state/city maintained road.

[darrell]

You don't sign you don't get your car period.

Michiganstud would be best suited to answer this because he works at a tow company.

[darrell]

Oh, I suspected it because I was once a dispatcher for a different security company and the boss bragged about it, claiming all security companies did it that's why they always used the same tow company.

Then it got confirmed by the IRS guy.

IRS people know jack squat of who and what gets kick backs for towing. They are just a glorified maffia hitman for the government. (I hate the IRS and not the government so don't confuse what I said.)

[goblingirl]

---The vehicle is considered a abandoned and can and will be towed at my place. Our city has a ordiance that any vehicle that sits stationary in public view for more then 30 days unmoved must be registered with the state as still current or the car will be impounded at your expense by the police. ---

Even if we pay the monthly fee for a parking placard for it? Or it is parked in the space we pay for? I mean, my driveway is technically public view, but it is private property.

[mcsap]

All civil, I would not have gotten involved.

[goblingirl]

---IRS people know jack squat of who and what gets kick backs for towing. They are just a glorified maffia hitman for the government. (I hate the IRS and not the government so don't confuse what I said.)---

Tax writeoff gifts for the security company.