Thinking of two scenerios.
The first one I was thinking about for a while because of the stories of the pirate towers - those that tow “parking violators” without anyone calling them. So I go into the office on a Saturday to get caught up on some work. Of course the office park has signs that unauthorized vehicles will be towed. So a pirate tower comes and impounds my car.
Do I have to pay their fees since they took my car without authority. If so, what is to stop them from randomly towing cars and then saying, “Oops my bad but you still have to pay.”?
Since my car is an “authorized vehicle”, did the tower in effect steal my car. Instead of paying the fees, can I call the police and have someone arrested for grand theft auto?
The second is inspired by “Parking Wars”. My license plate is called in and my car is towed in for $600 in parking tickets. The only problem is that they called in ABC123 but my license plate is ABCI23.
Do I still have to pay the fees since it was the police’s mistake and the car should have never been towed?
2a) Since it is the police, I assume there is some sort of sovereign immunity for honest mistakes, but it still seems unconstitutional to make me pay to get my car out of hock when I didn’t commit any crime. Am I right in this [legally since morally would be a Great Debate]
2b) If I show that it was in error, why shouldn’t they release my car? They can’t hold and charge storage for evidence that they collect in an investigation if your alibi checks out can they?
Is there some sort of circumstance (like the police contracting out with a private towing firm) that would make this into a grand theft auto instead of an accidental towing?
As they have the vehicle, its going to be up to you to prove they have taken your legally parked vehicles, many TT drivers take pictures to avoid just such a defense. TT’s are required by law in CA to contact the police within 1 hour of towing an illegally parked vehicle, failure to do so gets them fines (like triple the tow charge)
If they towed the right vehicle, and something like a subtle typo but the correct make and model car is not going to save you. Just like you are not going to get a traffic ticket dismissed because the officer said you were driving a 1985 Camry not a 1986 which is what you have.
The tow company needs to have an arrangement with the property owner to remove illegally parked vehicles from private property. The TT company gets fined for not playing by the rules so there is a heavy disincentive for doing so. If challenged in court the TT company would need to produce their contract authorizing them to tow on behalf of the property owner. IF you were authorized and the business screwed up, you will probably end up paying for the tow then suing the business/property management for the fees and probably winning.
PD impound contracts include a “release without payment” clause to cover something where an officer screws up, this is going to be very very rare.
Nope, They are acting on behalf of the police department, attacking the tow company because they look like the softer target is not going to get you far.
Even 100% legal, honest, totally legit tow companies doing a legit tow deal with a variety of frothing denial and screaming fits when a car gets towed/impounded. They know their rights, and they will pretty much politely tell you to go fuck yourself if they are within them.
On your first paragraph - yes to the first question and “good luck trying” to the second.
Anyone from Chicago is probably familiar with Lincoln Towing Service, better known as the Lincoln Park Pirates.
Here’s a recent account of an improper tow. The driver had to pay to retrieve their car, then had to file a claim with the Illinoise Commerce Commission to get a refund.