question for socal leo's re: car towing...

[seansean]

Well, I had an interesting morning. We have the hollywood christmas parade here today, and they put up "tow-away" signs last night where I normally park my car(I have to park on the street), I didn't see the signs. Sure enough, I get up, all ready to go to the gym, and find..no car. It was towed, I had to walk to the impound yard(hollywood tow) wait 30 min in line and pay 177.00 to get my car back. I'm going to contest this, because I think they put those signs up late last night on purpose to catch everybody out there, and make a little extra money for the city. any ideas on the best case I can make at the hearing would be appreciated...

 

[SouthpawShootr]

If you do contest it, make no mention of "didn't see the signs." Tell them the damn things weren't there. I've never been in this situation, but it seems to me that $177 is absolutely outrageous. Here, you break down, a tow costs about $50. In your case, there would likely be a citation for illegally parked which really shouldn't be more than $30 tops. I believe what you suspect is true, this was intentional.

Good luck.

 

[seansean]

Thanks, southpaw...actually there was a 65.00 parking ticket on top of the 177.00..this is how they break it down. 96.00 for the tow, storage: 30.00(they had my car all of 3 hours), city of los angeles parking tax 3.00, VEHICLE RELEASE FEE, 48.00, to arrive at 177.00. And, of the course the 65.00 parking ticket. I've never been so pissed off...please keep the suggestions coming everyone... :banghead:

 

[Sheldon J]

1. call the city attorney.
2. make appointment to see.
3. tell them the the signs were not there when you parked the car, that they towed after the fact
4. be sincere use low tones, it is very possible they will at least drop the ticket.
5. this accomplished and the ticket washed, contact the tow company tell them you expect a full refund, when they do not comply tell then that you are going to take them to small claims court and sue them. If you get a understanding judge you stand a chance of winning.
rules for small claim court
1. only call the judge 'your Honor" any thing else will piss him off and you loose.
2. only speek when spoken to, if you have something to say you will get your chance bite you tongue untill it is your turn.
3. reherse what you are going to say, keep it short then shut up.
4. close with "thank you Your Honor"

 

[Devonai]

This happened to my friend's brother in Massachusetts. The city was doing construction and put up signs after he'd parked. In the morning his car was gone. A call to the city revealed the car had been moved to an adjoining street. There was no fine. Obviously more cities need to adopt this policy.

 

[SouthpawShootr]

This happened to my friend's brother in Massachusetts. The city was doing construction and put up signs after he'd parked. In the morning his car was gone. A call to the city revealed the car had been moved to an adjoining street. There was no fine. Obviously more cities need to adopt this policy.

That would be the logical and would earn some brownie points with the taxpayers (some would be PO'ed that it was done without due notice). BUT, in some cities, everything is about money. To these people good will of the general citizenry is not a concern.

 

[Oldtimer]

Seansean, THIS is how you need to start the process! Go to the Hollywood police station and explain to the desk officer that you would like to talk with a supervisor regarding your impounded vehicle. Either a Sergeant or Lieutenant will discuss the matter with you, and they will also document your "protest". From there, the situation will be reviewed by other police supervisors, and they MAY feel that you shouldn't have had your car cited and towed to an impound lot.

Take your copy of the parking citation, the receipt that the impound lot gave you, and any other document that you might have. Explain that when you parked on the street, there were NO signs posted, and that no one contacted you regarding the temporary signs that were to be posted.

If your "protest" is reasonable enough, the supervisor has the authority to cancel the citation and you will be sent a letter on how to recover all of the expenses. From experience, I know that close to 50% of all vehicle impound "protests" are adjudicated in FAVOR of the owner of the vehicle.

 

[jcs271]

In San Diego county we require that signs be posted AT LEAST 24hrs before any work/closures/parades etc. Check with the supervisor in your PD's traffic division for any such requirement. If it is required, contact your local TV news "troubleshooter" they love putting stuff like this on the air and making the city look stupid. Refunds will be on the way soon if it gets the press!

 

[patrol120]

3. tell them the the signs were not there when you parked the car, that they towed after the fact

How exactly is a blatant lie the best policy? I agreee that the incident is unfortunate, but he stated that he overlooked the signs, yet he is encouraged to adamantly deny the signs were there. What is this world coming to?

 

[seansean]

How exactly is a blatant lie the best policy? I agreee that the incident is unfortunate, but he stated that he overlooked the signs, yet he is encouraged to adamantly deny the signs were there. What is this world coming to?

Hey, I parked my car on that corner friday morning, and there were no signs posted then. The car stayed there until early sunday morning, until it was towed. I passed my car on foot, late sat. night/sunday morning, and didn't see a sign then either, and since my car was parked next to a light pole, I would have noticed if there had been a sign there. The only time I saw a sign was when I went out sunday morning and found the car gone. I stated before that I didn't see the signs, not that I'd overlooked them, I assumed they were put up the night before,but now I think they weren't there. About 500 people got towed, it made the news this morning, and in that news segment, there are several people saying the same thing, no signs posted. I'm not gonna lie about anything. I just came back from a DOT office and filed for an impound hearing, I'll work it out there, and I'll tell the truth. I also contacted the city attorney's office, and the local NBC affiliate's investigative dept. We'll see what happens.

 

[Oldtimer]

Patrol 120, I know that I misread the original post by Seansean, for I thought that he said that the signs were NOT posted prior to the towing of his car....not that he had "not noticed". That may be the same case for Sheldon J.

 

[SouthpawShootr]

I must have misread it also. I thought he said the signs were put up late OR he missed them. Well, of course tell the truth, but don't give the police supervisors any way out unless absolutely necessary. Sure you could say the signs were not prominently posted and were posted after dark.

 

[Camp David]

How exactly is a blatant lie the best policy?

Cities lie all the time!

They conduct sobriety checkpoints under the lie that they wish to slow drunk driving, whereas the truth is they wish to collect further revenue from arrests and fines...

They conduct speeding checkpoints under the lie that they wish to slow speeders, whereas the truth is they wish to collect further revenue from arrests and fines...

They conduct illegal towing of vehicles and contract with second-party contractors to illegally remove private vehicles from public property and frequently lie about reasons for such towing...

While the "best policy" of lying is certainly not moral, I can completely understand it as a response to city government...

I had my car towed for no reason whatsoever, its transmission was damaged, and I ended up spending over $1,000 to fix it for no reason whatsoever other than a city that is more interested in revenue than individual rights.

In the west if you stole someones' horse you could be shot; I see no reason whatsoever that tow truck drivers shouldn't be subject to the same penalty...

 

[seansean]

Cities lie all the time!

They conduct sobriety checkpoints under the lie that they wish to slow drunk driving, whereas the truth is they wish to collect further revenue from arrests and fines...

They conduct speeding checkpoints under the lie that they wish to slow speeders, whereas the truth is they wish to collect further revenue from arrests and fines...

They conduct illegal towing of vehicles and contract with second-party contractors to illegally remove private vehicles from public property and frequently lie about reasons for such towing...

While the "best policy" of lying is certainly not moral, I can completely understand it as a response to city government...

I had my car towed for no reason whatsoever, its transmission was damaged, and I ended up spending over $1,000 to fix it for no reason whatsoever other than a city that is more interested in revenue than individual rights.

In the west if you stole someones' horse you could be shot; I see no reason whatsoever that tow truck drivers shouldn't be subject to the same penalty...

Can I GET an amen???? (I'm still not gonna lie though).

 

[patrol120]

Cities lie all the time!

While I admit I must havemisinterpreted the original post, I still cannot condone lying, even id the "city does it". Just because a wrong is committed, it is not justified to commit yet another to counter it.


By the way, I work for a city as a police officer. I have never once stopped a speeder in an effort to increase revenue, nor have I EVER arrested soemone for the same. I do my job to ensure the safety of the city I am employed by. Trust me, if my job was revenue generation, Id have been fired long, long ago.

 

[Camp David]

While I admit I must havemisinterpreted the original post, I still cannot condone lying, even id the "city does it". Just because a wrong is committed, it is not justified to commit yet another to counter it..

I said lying was immoral, but, on the same basis, its practice is so widespread that normal moral practice in today's society sets one up for failure! Indeed, if you live in the belly of the beast today, as in a typical society, you are subject to living amid a society's discretion and a society's morality, not your own... towing private cars is immoral and illegal for whatever reason... Further, hiring a private contractor to tow cars, as cities routinely do, invokes an outsider to determine whether car is parked illegally and it is in their interest to lie and tow any car (they frequently do)!

By the way, I work for a city as a police officer. I have never once stopped a speeder in an effort to increase revenue, nor have I EVER arrested soemone for the same. I do my job to ensure the safety of the city I am employed by. Trust me, if my job was revenue generation, Id have been fired long, long ago.

I salute you and your service but question how you meet your daily allotment of tickets officers need to assign? I am very familiar with many jurisdictions which assign tickets to law enforcement in terms of a quota; are you not familiar with this? If you've never handed out illegal tickets that I salute you for your dedication but don't tell me it doesn't happen becuase it does...all the time!

 

[patrol120]

I have heard of quotas, but around here, they do not exist. The few quotas I am aware of are contact quotas, which entail a set number of written contacts, which may be warnings or citations.

I have never, ever, ever, nor will I ever, isue an illegal citation.



By the way, the towing and impoundent of private vehicles on public property is quite legal, and often necessary. I try to avoid it at all costs, but I impond cars quite often for a variety of reasons.

 

[Camp David]

By the way, the towing and impoundent of private vehicles on public property is quite legal, and often necessary. I try to avoid it at all costs, but I impond cars quite often for a variety of reasons.

"quite legal"?

Do we impound houses? computers? anything else? No. Cities have illegally assumed the "right" to impound vehicles based on an improper interpretation of "public good" in the Constitution... a vehicle is a privately-owned object and most of "impound" laws are illegal! While I grant that occasionally there exists a vehicle that needs movement to assure public transportation, the way impounding largely works today is illegal for the following reasons:
-Car is moved from its improper location to an impound lot rather than just moved out of public right of way.
-Car is moved by private contractor who is insulated from suits about damage.
-Car is moved at significant and unfair expense to owner...
-Car is impounded at expense borne by owner who legally should be innocent until proven guilty yet owner needs to pay expense not repaid when found innocent at DMV!
-Cars should be impounded and towed by city employees rather than private contractors as representation for movement of private property (vehicles) is transferred by city illegally.

Substitute private ownership of firearms for vehicles then make your impounding case and see how foolish it sounds!

 

[patrol120]

I do wish that we were able to employ a department to impound cars by sity employees, however such is not feasible. However, there does exist a system in which to contest an impound. Whether or not the person chooses to take this route is up to him. Impound Hearings are rare, but they do exist.

Your analogy to homes and such is not relevant. Homes are, by nature, on private property. The vehicle is not. If the vehicle is left unattended, and becomes damaged, it is the city's liabilty. If the vehicle is left in the roadway, or near the roadway, it is a hazard.

 

[Camp David]

I do wish that we were able to employ a department to impound cars by sity employees, however such is not feasible..

Why not? "not feasible" sounds like you support passing the buck... why not contract with private group to provide policing like cities do with towing?

However, there does exist a system in which to contest an impound..

Good luck there! I've tried it without success! Tow truck drivers are immune from almost all lawsuits... Most states still have laws against horse theft yet private tow truck drivers can operate almost immune from any monitoring...

Whether or not the person chooses to take this route is up to him. Impound Hearings are rare, but they do exist...

Winning the lottery is an option too I suppose!

Your analogy to homes and such is not relevant. Homes are, by nature, on private property. The vehicle is not. If the vehicle is left unattended, and becomes damaged, it is the city's liabilty. If the vehicle is left in the roadway, or near the roadway, it is a hazard.

This is an interpretative assessment which someone makes on behalf of another. One example=>I can't tell you how many times city vehicles are parked illegally and are hazards to public navigation yet are immune to impoundment. Yet, any citizens vehicle can be arbitrarily impounded. In order to collect vehicle citizen needs to pay both impound fees and fine fees, THEN contest fine in court. If proven innocent, as frequently happens, only parking fine fees are reinstituted, NOT IMPOUND FEE. Further inconvenience to owner is NEVER repaid.

Show me one example of city recompensing private owner for damage to vehicle caused by tow company? Never heard of that!

 

[seansean]

update: I had my impound hearing this morning in west L.A...it went well, the officer who allegedly posted the signs couldn't make it, so it was a one-on-one hearing with the hearing officer(not sure if that's what her title is) and she audiotaped it. According to that officers(the "sign poster") written statement, the signs had been up since 11/22, which I KNOW is total BS. It was about 15 minutes, I told my side and showed documentation of the impound fee I paid, and the financial hardship it caused me. I even managed to say a few words in support of all the other people who were towed. I find out in 10 days the outcome...If I win, I get the $177.00 back.