SERIES7

Rotor-Rooter, Mild7, Batmobile and myself were eating at Pink's Hot Dog tonight. The parking lot was full as usual so Batty and I parked on the street in a residential. Mild was riding shotty in Rooter's FD and they parked in an adjacent parking lot right next to Pink's. We returned to Rooter's car only to find out that it has been towed. The worse part was that there was a witness who informed us that the ****** who towed his ride didn't even do it right and the car was being pulled without a dolly, flatbed, or carefully for that matter. Needless to say these animals did not want to tell us anything and were absolute ******** when speaking to us. They were even more irked because the police were called to intervene by the person who's car was currently being towed. We get to this hole in the ground lot where all the towed cars sit and wait for their victim owners. Rooter gets his car back to find out that the entire front left rim (Volk Racing SE37A) was scraped up really, really bad. The Entire Rim! They would not claim responsibility for any of it and when I brought up the fact that when I ran my fingers alongside the scrape there were metal flakes coming off signifying that the scrapes are very much brand new, they just threw up their hands and said, "you did that"!
So it's off to small claims court we go. I informed the gentlemen ( I use the term very loosely) that if their time is worth the $400 bucks for the refund on the tow and the repairs on the rim, then they's better show up to court, especially if we have a deputy serve them with a subpoena. They said, "okay, iffa eat have to be that way, then itta have to be that way".

Gonna **** these boys in court.

r0t0r-rooter

Yeah, what Series7 said!
If Batmobile could post some pics, plz...

MILD7

and the fact that the DRIVER'S side rim was hashed to hamburger even proves that it COULDN'T be due to parallel parking... and yes... the metal flakes were rubbing off indicating a fresh grind against the curb. THe car being towed backwards would mean that the dumbass driver made to close a right turn OR went up a curb (impound lot curb for example) and the FD didn't quite clear it. Of course... this is all circumstantial evidence... but Rotor-rooter, Series7, Batmobile, and myself all know that rim was NOT like that before that evening. Those guys were absolutely unprofessional and should be reported. Time for small claims court.

Williams Tow Services
8919 1/2 Ellis Ave.
Los Angeles, CA 90034

SERIES7

I'll be there in small claims with ya homie. No worries bro.

r0t0r-rooter

OK, I have a question to anyone who might know...

In order to get the car back, I had to sign the receipt and prove I paid. On the receipt, in small print, it states:
"I, the undersign, do hereby certify that I am legally authorized to take possession of the vehicle described and all personal property therein. I have received vehicle and all personal property in satisfactory condition."

At the bottom:
"Not responsible for loss or damage to vehicles or articles left in vehicles in the event of fire, theft, or any other cause beyond our control."

Does this mean I'm screwed?!?!

SERIES7

This prolly means that you are going to have to come up with a flawless and very compelling, accurate account of what happened. In other words, I would start recording everything that was said, everything that transpired, what was exchanged, what was agreed upon, the dates, the times evrything happened, names, everything! Just go to a word document and start typing. Type everything you remember about what happened tonight and make sure you include every detail. Start taking into account everything that is said between you and this tow company when you speak to them again on Monday monring. Also, record everthing the court clerk says to you, when, who, and where the deputy says, does, and hears when you pay him/her to serve the subpoena.

HeX

Dude, tell us when and where the hearing will be. I'd like to be there and give my support.

-HeX

jr426

This story makes me . SERIES7 is right, you want to record everything, use pictures when possible. Show that it was not clearly marked as a tow away area and that regardless of what you signed the car was not in a secure location. Be prepaired if you need to go to court because they won't be, most people just accept that they got screwed, don't let up on them!!!!

Batmobile

Here are the pics

http://photos.yahoo.com/bc/djdinoe/v...src=ph&.view=t

http://photos.yahoo.com/bc/djdinoe/v...c=ph%26.view=t


http://photos.yahoo.com/bc/djdinoe/v...c=ph%26.view=t

tekno62

in this case I ( not saying I have ever done this ) would go and play baseball with the guy that towed your car... That is of course after the court date. I find that people get down right respectful when there stuff is getting beat to ****..


Tekno62

PS do you need someone to come show you hows its done.

artowar2

You should seek the advice of a lawyer or educate yourself on the applicable laws, BUT:

Generally speaking the court will decide (if the other side brings up the language) whether such language applies, but just because it's there does not mean that it is binding on you. Based on your description, it's not term that you negotiated, rather it's a term that you had to sign under duress:
- your car was taken without your knowledge or consent (based on your description)
- you were forced to sign the receipt in order to get your car back, or face the prospect of incurring daily storage fees (my guess) - in other words your car was held hostage
- you had no means of transportation without your car and therefore had no choice but to sign or walk (if it applies)

Make sure to find and itemize all damage to your car. In your lawsuit, include all costs that you have incurred, including the cost of the filings and service of process.

You can hire a lawyer (and include their fees in your damages), or if you want to handle it yourself, see the Nolo Press for self-help guides to California Small Claims court, etc.

Rotary13B1

iTrader: (8)

man that's some F'ed up ****!! so these ***** just wanted to make some bucks and just pulled your rides just for kicks? i woulda beat their asses even if they touched my FB.. man is the economy this screwed that these low lifers have to start making **** up and pull cars to make some dough??... hate it when panochas touch your ****..

TheBigOne

On one hand they should have taken a "condition inventory" when they towed your car. this is not likley unless it was impounded because of a police call.

On the other you took possesion of the car. and signed off on it. Your going have to prove 51% it was their liability. And that they were wreckless in towing your vehicle

I have received vehicle and all personal property in satisfactory condition." Although this disclaimer is in the slip it is very broad.
When your in court.....

Have the Tow company acknowledge that you both argue regarding the damage before pulling out any documents (ammo) in front of the judge.

Once he acknowledges the both you argued about it. The Tow Co. should have a document that shows the vehicle was towed in satisfactory condition. The key here is to have the Tow Co. acknowkledge that you guys argued over the damage and have the tow company acknowledge the car was in "satisfactory" condition. *Side Note next time write on the tow slip-before you sign it- that there is damage to rim(s) or whatever part is damaged.

Also contact BBB or Consumer affairs with the Tow companies Licence # and find claim history. you might also want to get the driver-who towed you car-name so he can show up to court. Maybe he doesn't have a license. Or maybe he wont show up..

Good luck

HeX

Sounds like them ******** aren't too familiar with 7s. They probably took one look at it and figured the owner had to have lots of $$$ (the 7 looks so exotic and expensive) and probably wouldn't care to let $202 go.

artowar2, excellent advice! Why hire lawyers? Just hire everyone on this thread.

Find out whether or not it was in a marked tow-away area. This will probably be the most significant factor. Good luck!

-HeX

legendr35

jesus, take those bastards to court and sue them. if u don't win, i suggest you set that place on fire.

Dorifto_Tengoku

I suggest you file a complaint about those ******** to the BBB also. www.bbb.org

Good luck.

r0t0r-rooter

Thanks for all the suggestions, guys!
I'll go get the damage appraised and look into filing a claim tomorrow... The receipt indicates there was no damage to any part of the car when received, and I wasn't thinking enough at the time to carefully examine the car. I've been told that there's not gonna be too much luck if I took them to court, since I wasn't supposed to be parked there in the first place (since the damage appears to be tow-related). There WAS a sign that said "Customer Parking Only", only that it didn't specify which establishment's customers could park there. There were about 5-8 other cars there when I left the lot who thought so too.
Here's the breakdown of the costs:
$90 hookup fee
$45 dolly fee
$22 storage fee (for the 2 hrs)
$45 for the gate fee (opening the fence gate)
These people must be in league with XS or BofA

legendr35

i need to run a towing yard damn it

artowar2

No, generally the towing company would be responsible for damage done to the vehicle while in their possession. It should not matter where you were parked.

I really suggest that you speak with an attorney. The initial consultation should be free (get that straight with the attorney).

What you don't want is legal advice from non-lawyers.

HeX

If all else fails, I totally agree.

-HeX

suprfast

also what way was the 7 towed. if it was on the rear wheels you might as well kiss the differential goodbye. no car with a diff should be towed on the power wheels. it will snap the diff. i read this in a BMW owners manual, shouldnt be different than ours. also, do accept help from an attorney. when you win, cause you will, they will have to pay all your fees and you will have a new close friend(attorney) for whenever something else bad happens. since your car is blingin' im sure you take plenty of pictures. go ahead and get dates that the pictures were taken and show that you did not have the damage prior to ******** R us towing you. if you need that notarized let me know. my mom is a notary public and for a super low fee(ill talk her into hooking it up) she can legally provide information being dated. you can say that they pictures were actually taken the day before as you just put the rims on. they are going to lose cause the IQ of a tow yard is not any higher than mud
PM me if you need help as im in the process of getting my law degree. i can help you where i can, but my work is not official
kris

scratchjunkie

dayam that sucks for you jerry. your hotdog turned out to be an expensive one.

SERIES7

Scratchie, the first thing we said that night was, "damn Jerry, that was one expensive hot dog". LOL!! We all have been there, Mild, myself, and anyone else who has gotten either a bench warrant for FTA, driving too fast, expired tags, you name it. We've all been there one time or another, and if you haven't experienced something like this yet, then you're way too young and will eventually. In any case, I really like all the advice Jerry's getting on the forum. I see that we all really do have friends on such a broad arena, I for one can appreciate it. I'm sure Jerry does too...

maxcooper

Damn that sucks. From the pics, it looks like they scratched the paint on the bumber cover and scuffed the lip spoiler, too. I just had a car wash (I know, I know...) scratch up one of my Volks, so I feel your pain.

It sounds like they towed it on the front wheels, but I don't see how towing on the rear wheels would kill the diff. It doesn't seem like it would be any different than coasting with the engine off.

-Max

DomFD3S

Just to help you guys w/ your situation. Please review the links I have provided below.

Vehicle Code Provisions.
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm

California Vehicle Code Division 4 - Special Antitheft Laws

http://www.dmv.ca.gov/pubs/vctop/vc/tocd4c4.htm
10850. The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State.

Theft and Unlawful Taking or Driving of a Vehicle
http://www.dmv.ca.gov/pubs/vctop/d04/vc10851.htm
"10851. (a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment."


Breaking or Removing Vehicle Parts
http://www.dmv.ca.gov/pubs/vctop/d04/vc10852.htm

10852. No person shall either individually or in association with one or more other persons, wilfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner.

California Vehicle Code Division 11 - Rules of the Road
http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c10a1.htm
Chapter 10. Removal of Parked and Abandoned Vehicles
Article 1. Authority to Remove Vehicles
Prohibition of Removal


22650. It is unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or to any other place, except as provided in this code.

(a) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal. (THIS IS IMPORTANT. The Storing Agency has the burden of establishing the autority of removal. Meaning, The towing company has to PROVE who authorized the removal of a vehicle.)

Circumstances Permitting Removal
http://www.dmv.ca.gov/pubs/vctop/d11/vc22651.htm
(THIS ONE IS LONG. So I did not copy and paste it. Very important though).

---------------------------------------------------------------
Also, just to let you know. Tows CANNOT be done unless there is someone who is authorizing it. In this case, a police officer OR a parking enforcement official MUST be present (because they are authorizing it). Ever notice how there is always a parking enforcement officer or a police officer when a tow occurs (in a red zone for example)? There is a reason for this. Otherwise, this tow company basically STOLE your vehicle. You can check w/ the police department (that has jurisdication in that particular tow area) to see WHY it was towed.

Also, this may or may not help you. But tow companys have to run a criminal history check on their drivers. Check the Vehicle Code Guidelines

Good luck.