QuestionOk i was going to a Moes in Orlando florida but the parking lot is completely full. I park my car next door at a BP station and walk to moes. As i'm walking in an attendant says there are tow trucks taking cars. I run back to my car and as I'm running I see a Tow truck speed up to my car, back it and almost immedietly he jumps out and throws his towing hook up to my car. I plead with him that I was gone less than 5 minutes and he has no right to take my car. He says its $110 from the impound or $55 on the spot. Now this guy knew I was coming and instead of letting me go he almost wrecklessly speeds up to make sure I can't tell him to get away from my car. Now he tells me to go get a cop so I do and as soon as I'm gone he takes my car down the street to hook it up better. I return with a friend and sit on the hood saying he can't take my car (the cop told me to do it). After arguing a few minutes he agrees to wait for me to get the money from the nearby ATM in the BP station. As soon as i'm gone he takes my car. Is this enough to make a case out of? As far as I'm concerned they stole my car.
AnswerOK well I have to be a bit of a cynic here as you state you were going to Moe's Southwest Grill (I have not ate at the one here yet, but then again its only been open a few months) and you encountered a full parking lot so you parked at the BP gas station next door..
You ask if you can make a case for small claims or any legal action in the question and I wanted to establish one issue here... First of all you were not and most likely did not plan on being a customer of the BP gas station at any point in this problem, yet you felt that you could use their private property to go somewhere else... This is what a judge will look at and rule on as it is the biggest part of the issue..
Even if you were gone less than 5 minutes that does not matter, you were not a customer of the BP station.
So they will rule that you are in the wrong to start with...
As to the tow truck driver and his actions, well in Florida if they to not have a hook or an towing attachment on the vehicle then they are not able to collect a drop fee... Plain and simple part there... Now as to the rest of the actions it kind of sounds like they were taking advantage of the fact that you did not "provide immediate payment of fees" at that point..
Now this part is kind of my personal opinions here, but he was taking advantage of the fact you did not have the money at the begriming as its kind of hard to prove that he did not "tow the vehicle" when he was "down the street" when the cop told you to "sit on the hood" which is really bad advise at this point as its dangerous to start with..
Now as to the fact that he agreed to wait while you went and got the money that is hard to say as he might of said you have a set time to do that in... But then again there are some tow companies which are just plain dishonest and give the whole towing industry a black eye.. Yes there are a few of them in the Orlando area and they have been in the news a lot lately (this is also the kinds of issues dealing with the booting of vehicles)...
As to "stealing the vehicle" after you agreed to get the money, it might be possible to make a case in court but it would be real hard as I see it... Remember that the vehicle was towed from the BP station and while you talked to the driver and supposedly had an agreement to pay after you got the money from the ATM you basically have a "he said, you say" kind of issue here and the judge will rule on it as to "physical evidence presented". Verbal statements can be real hard to prove even with witnesses.
Now I know that Florida has laws regarding signs and such for towing from private lots and they also state what can and can not be done, but that is on a state level and Orlando has some additional laws-regulations which cover tows inside its city limits.. Yes the are also being changes - revised as you read this and I have not seen the final stuff yet... There will be some major changes with some of the issues..
Check out the laws in section 715.07 which cover this kind of issue which is at the end of the question.
Hope this sheds a bit of light on your question, if not you can ask more questions.
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715.07 Vehicles or vessels parked on private property; towing.--
(1) As used in this section, the term:
(a) "Vehicle" means any mobile item which normally uses wheels, whether motorized or not.
(b) "Vessel" means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a "documented vessel" as defined in s. 327.02(9).
(2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances:
(a) The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance with the following conditions and restrictions:
1.a. Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section.
b. If no towing business providing such service is located within the area of towing limitations set forth in sub-subparagraph a., the following limitations apply: any towed or removed vehicle or vessel must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population.
2. The person or firm towing or removing the vehicle or vessel shall, within 30 minutes after completion of such towing or removal, notify the municipal police department or, in an unincorporated area, the sheriff, of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.
3. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel.
4. A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location.
5. Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements:
a. The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage.
b. The notice must clearly indicate, in not less than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow-away zone" must be included on the sign in not less than 4-inch high letters.
c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels.
d. The sign structure containing the required notices must be permanently installed with the words "tow-away zone" not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels.
e. The local government may require permitting and inspection of these signs prior to any towing or removal of vehicles or vessels being authorized.
f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not less than 4-inch high, light-reflective letters on a contrasting background.
g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub-subparagraphs a.-f., which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner's expense.
A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign.
6. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner, operator, or person in control of a vehicle or vessel to pay the costs of towing and storage prior to redemption of the vehicle or vessel must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessees, or persons in control of property which authorize such person or firm to remove vehicles or vessels as provided in this section.
7. Any person or firm towing or removing any vehicles or vessels from private property without the consent of the owner or other legally authorized person in control of the vehicles or vessels shall, on any trucks, wreckers as defined in s. 713.78(1)(c), or other vehicles used in the towing or removal, have the name, address, and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle. The name shall be in at least 3-inch permanently affixed letters, and the address and telephone number shall be in at least 1-inch permanently affixed letters.
8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel. Such person or firm shall be liable for any damage occasioned to the vehicle or vessel if such entry is not in accordance with the standard of reasonable care.
9. When a vehicle or vessel has been towed or removed pursuant to this section, it must be released to its owner or custodian within one hour after requested. Any vehicle or vessel owner or agent shall have the right to inspect the vehicle or vessel before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle or vessel from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle or vessel owner, custodian, or agent as a condition of release of the vehicle or vessel to its owner. A detailed, signed receipt showing the legal name of the company or person towing or removing the vehicle or vessel must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
(b) These requirements are minimum standards and do not preclude enactment of additional regulations by any municipality or county including the right to regulate rates when vehicles or vessels are towed from private property.
(3) This section does not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such or to property owned by any governmental entity.
(4) When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's fees; and court costs.
(5)(a) Any person who violates subparagraph (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who violates subparagraph (2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph (2)(a)7., or subparagraph (2)(a)9. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 76-83; s. 221, ch. 77-104; s. 2, ch. 79-206; s. 2, ch. 79-271; s. 2, ch. 79-410; s. 1, ch. 83-330; s. 51, ch. 87-198; s. 3, ch. 88-240; s. 9, ch. 90-283; s. 839, ch. 97-102; s. 18, ch. 2001-64; s. 5, ch. 2005-137; s. 11, ch. 2006-172.
