Towing Issues: illigal tow, taxi industry, ticket fee

Question
QUESTION: How can I get my money back for an illegal tow?

I parked on 1st Avenue between Market and Harrison in Portland, OR on September 14, 2007 at a street parking. It is free after 7 p.m. - 8 a.m. There were no signs warning about any parking restrictions at the time I parked. There were many other cars parked along the street. When I wanted to get my car next morning, it was gone. The parking space was turned into a construction site and all cars were towed shortly after 7 a.m. as we learned form the tow company. There was a new sign put on stating that there should not be any parking from 9/6/07- 9/20/07 from 7 am to 6 pm. When we asked one of the construction workers about the timing this new sign was put up, he said that it was done last night.

I would like to recover the towing fees and the parking ticket fee since I feel that the towing was unjustified and illegal. If someone forgot to put the sign restricting parking timely and did it after the fact, I do not have to pay for this person’s forgetfulness. I believe it is illegal to come up with new parking rules and restriction without informing people about them in advance and tow their cars.

I would like to find people whose cars got towed. What are the ways to get in touch with them?

what are the steps that need to be taken to return my money?

thanks in advance,
Olga


ANSWER: Ah, Portland. Some place I know about ...

Ok first of all, you were not close to the gas leak up at 6th and Yamhill, but anyway that brings up the issue of construction zones..

First of all some construction is done on an emergency basis, and as such the rules change real fast regarding parking. If you are in the way, do you really want your vehicle trapped or damaged while they work on the street or underground..

That said, Portland does have some great rules about towing and problems or ways to resolve issues.  First of all the City of Portland has a department which oversees the Towing and Taxi industry (both) and the contact person (I hope she is still there) is
Marian Gaylord, Towing Coordinator, (503) 823-5146

Now as to the others who were towed, since that area is down in the Riverfront area behind the Marriott I am going to think that most of them were visitors or motel guests who parked there.  There are not many apartments in that area other than the KOIN Tower..  Depending on the towing company, you might get a list of who was towed, that or you might get information from the City.. They were towed from public streets, and as such the records division of the Police Department should have records. Yes they keep records for Parking Patrol also.


Now as to the Forgetfulness of the people you claim,  I do hate to say that it was 1 week after the restrictions were placed, and also signs do get posted on small barriers, or on poles as such... Some times they get destroyed or moved.. And of course "mad people" do tend to vandalize or remove them...

Best advise is to check with the towing board of review and see what that office advises you to do...

But remember at times you will not get the answers you want and as such you can always take it to small claims court...

Just remember one thing in this case, the Tow Company was acting on orders from the Police Department and the rates charged are also under contracted rates with the police department (read City of Portland tells them what to charge)



---------- FOLLOW-UP ----------

QUESTION: thank you so much for your prompt response.

Portland has a few high-rise buildings with condos next to this street parking lot now. i would say it was not an emergency construction project. there were repairing a roof of one of the buildings of Regents.

so, i can just call the police and request the car plates numbers (names?) of the cars that were towed? Who in the City of Portland (what department) could provide these records?

what can the tow review board do? will they be able to make a decision to have my money paid back to me and have the city reimburse me? or i have to go to court to claim a refund. is Marian Gaylord a member of the two board? how can she help?

i appreciate your time and advice in advance, and i hope you have a happier Saturday than me.

thanks, Olga


ANSWER: Well it has been a few years since I moved from Portland (1998 to be exact and only been back 3 times for 4 days total)

Ok the roofing project, well not sure about the reason for the whole street to be a tow zone, but not uncommon..

The Towing Review board, will not automatically refund money, it's purpose is to review reasons for tow and to see if things are legal or not..
If the City was at fault then you would get the refund from them, if the construction company did something wrong, they would be responsible.. If the tow company overcharged or did something Illegal they would be responsible...
I think you can understand that part..

It will not hurt to check with Marian
They might help you also find out if others have complained or might be able to also provide you with the info on others towed... BUT do remember there is also a thing called "PRIVACY ACT" which they might not be able to tell you the information.

Yes Marian is part of the board (I think she still is actually) and she is a fair person to deal with.

As for a department in the police or city, I would guess that the Records Division of the Police Department "MIGHT" provide the information...



---------- FOLLOW-UP ----------

QUESTION: ok one more question.

I got a parking ticket with regard to this illegal tow. I guess that they had to issue me a ticket before they had "nexus" to tow my car.

Pay or not to pay? should i wait for a tow board's decision or pay it and include it in the disputed sum (towing fees & parking ticket).

thanks, Olga

Answer
Oh yes, pay the ticket as they increase the fees (fine) after time and also have a thing called "tag warrants" for unpaid tickets where they "ARREST THE CAR" till all the tickets are paid...

And yes they had to issue the ticket in order to have the vehicle towed...