QuestionQUESTION: My daughters car was being worked on at a privet shop for the last three weeks. Yesterday we were contacted by a towing company saying they have the car and she owes $600 however they refuse to give us any documentation around when it was towed and undera who's direction. Any advice? Are they required to give us information or are we expected to just pay the $600?
ANSWER: Here as a quick rundown on the procedure for a repair shop with a signed work order or authorization for repair. The repair shop would have contact the registered owner by certified mail before the vehicle could be removed. The vehicle owner would have a limited amount of time to retrieve the vehicle and pay any fees associated with the vehicle. If the vehicle isn't removed the repair shop can authorize the vehicle to removed from their property. Once it is the tow companies possession, the tow company must notify the registered owner by certified mail and if the vehicle goes unclaimed within a certain amount of time the vehicle will get auctioned. Whatever the vehicle doesn't bring in auction, the tow company can send the remaining unpaid balance (towing and storage) to collections. In my opinion, if it doesn't feel right then most times it isn't. Here is a links for more information
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXI-262.htm
http://www.nh.gov/safety/divisions/dmv/forms/tdmv109.pdf
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QUESTION: Just having a little hard time finding where is says they have to contact us by Certified mail. If they didn't would we still by liable for all the charges? BTW when we went to pay they had raised the rate saying we needed to pay to towing charge the auto shop hadn't paid them before we could get the car.
AnswerMy suggestion at this point is contact an attorney for proper legal advice. As I have seen in the past, for the repair shop to protect themselves from any possible legal liability from the vehicle owner, is by contacting the vehicle owner by certified mail that the vehicle will be removed or a mechanics lien will be place on the vehicle to recoup any expense or repairs made to the vehicle. The only undisputed proof and most legally reconized notification attempt given is by registered/certified mail. After a quick review, in your state, if the tow company or repair shop didn't know who the vehicle owner was then it must be forwarded to the director
262:34 Notice of Removal. – Whenever an authorized official or the owner or person in lawful possession of private property directs the removal and storage of a vehicle as permitted in this subdivision, he shall, if he knows or is able to ascertain from the registration records of the division the name and address of record of the registered owner of the vehicle, attempt to give or have given by the most practicable means, notice of the fact of such removal and the place to which said vehicle has been removed. If the authorized official does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as provided in this section, such notice shall be filed with the director, which notice shall be placed on file by said director and open to public inspection.
You can challenge the tow fees because it doesn't state that the repair shop fees can be added the the tow/storage fees. Please read everything cafefully with the terms and conditions.
262:35-a Review of Fees for Removal and Impoundment. –
I. All fees charged for the removal and storage of any vehicle caused to be removed by an authorized official pursuant to RSA 262:32 or RSA 262:40-a shall be reasonable, and may reflect market variables, including, but not limited to, distance traveled to and from the storage facility, vehicle size and weight, the amount of time needed to remove and store the vehicle, and personnel costs. If the owner or other person lawfully entitled to possession of the vehicle wishes to challenge the reasonableness of the fee charged, the owner or other person may pay over to the custodian of the vehicle an amount equal to the towing and storage charges to secure the release of the vehicle, and, within 15 days of the release of the vehicle, request in writing a review by the commissioner of safety. The commissioner of safety shall review the towing and storage charge and determine if there are sufficient grounds to conduct a hearing to determine whether the charge was reasonable. If the commissioner determines that a hearing is necessary, the hearing shall be held within 30 days after review by the commissioner, at which time the extent of removal and storage fees shall be determined. The commissioner shall issue a decision within 30 days after holding a hearing. Notwithstanding RSA 262:25, any person aggrieved by a decision of the commissioner under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. If no request for review is filed within the 15-day period, the owner or other person lawfully entitled to possession of the vehicle shall be deemed to have waived all rights to review under this section and shall be liable for the total amount billed.
II. Nothing in this section shall prevent a review of the reasonableness of the towing or other action as may be permitted by laws of this state by a court of competent jurisdiction.
III. Any time that a person is storing a vehicle pursuant to the provisions of this subdivision, the person may remove any items from within the vehicle that are not a part of or accessories to the vehicle. The person may hold any such items, other than wallets, purses, legal documents, car seats, eyeglasses, medicine, or medical equipment, pending payment of any fees due under this subdivision. If fees remain unpaid after 60 days, the person may dispose of the items.
If there isn't a signed work order and the shop changes the story and claims the vehicle was trespassing or illegally parked, then are there towing enforcement signs?
262:40-a Vehicles Removed From Private and State Property; Conspicuous Notice in Parking Lots and Garages. –
I. The owner or person in lawful possession of any private property or the manager of a state-owned park and ride facility on which a vehicle is parked without permission or is apparently abandoned may:
(a) Cause the removal of the vehicle in a reasonable manner provided he or she gives notice of such removal to a peace officer as soon as reasonably possible; or
(b) Notify a peace officer that he or she wishes to have such a vehicle removed from the property, whereupon the peace officer or another authorized official shall cause the removal of such vehicle pursuant to the removal, impoundment, and notice procedures required by this subdivision.
II. The department of transportation shall give authorized persons permission to remove vehicles which are abandoned, as described in RSA 262:32, at state-owned park and rides.
III. The department of transportation shall give authorized persons permission to move any vehicle within a state-owned park and ride facility when such vehicle is improperly parked in a bus storage or travel lane which is properly marked. The owner of the vehicle shall be responsible for the costs of moving the vehicle.
IV. The costs of removing a vehicle under this section, including towing costs, shall, consistent with RSA 262:35-a, be the responsibility of the last registered owner according to department records. If a vehicle is towed from a parking lot or parking garage, charges for removal and storage shall not be assessed against the vehicle owner unless there is posted in the parking lot or parking garage conspicuous notice that illegally parked vehicles are subject to towing at the owner's expense.
V. Any police department which receives a request to have a vehicle removed or receives notice of a removal as provided in this section shall maintain a log of such requests and notices.
I am only hitting the high spots here as with more searching more information can be found. Remember that laws are rules of conduct formally recognized as binding or enforced by a controlling authority and are only as good as attorneys (or judges) can interpret them.
