QuestionQUESTION: Dear Richard:
It would be highly appreciated that you could give me advice on this towing issue.
This happened in Huntington Beach, CA. I live in a appartment complex. On that day I heard car alarm ringing and took a look. I saw someone towing my car then I immediately ran after the towing truck. He didn't stop for me. He wanted to change the hookup position. The truck parked at the main entrance of our community. The driver put down the car, I went to him and asked why he towed my car. He refused to tell me and hook up the car again. This time he hooked the front wheel. I asked him again why. He still didn¡¯t tell me. It is my personal property; I am entitled to know why it got towed. He just didn¡¯t want to tell me. But he turned around and asked me whether I have the key. I didn¡¯t have it with me because I didn¡¯t have time to think about it when I got out of door. I believe any reasonable person will do the same thing when they see their property being removed by someone without permission. Then I went to my husband and told him to get the key. At that time he was with my baby in the swimming pool. Then I went back to the driver and asked the same question why. He still didn¡¯t tell me. He said I had one minute to get the key after that he would go. We live in the back of the area. How could we get the key in one minute? Then my husband brought the key, but it is our another car¡¯s key. Then I ran back like a horse to get the right key. My neighbor gave me a ride to the entrance so that I could be there faster. We tried our best to get the key. Now the driver saw the key. Then he said he needed our ID. How come he didn¡¯t tell us in the first place. He just wanted to delay everything. He did this on purpose. Then I went back again to get my ID. Now he has our ID. Then he said we had to pay $67 for the drop fee. Because it has been more than five minutes he had waited for us. And $67 he wanted in cash. I went back again to get the cash. So far we brought everything he needs. We asked whether there is a receipt for the $67. He refused to show us the receipt. At the same time, my husband checked our car and saw two scratches on the roof. He scratched it when he put the light on the roof. We asked him what he is going do with this scratches. He called the police. The police came and asked about the situation. Until then I know the reason why my car got towed. I parked on the wrong spot. But this is really an honest mistake. My spot number is 181 and I parked on 185. I agreed the driver had a lawful reason to tow my car. But he should not have treated us that way. This is not even the end. When we paid him to drop our car, he asked another $175 to charge his time dealing with us. He said it is company¡¯s policy. We didn¡¯t agree to pay. First, he didn¡¯t inform us there was such a charge. Second he has not provided us any service besides harassments during the time, why should we pay him. I am CPA. I also charge for my time. Should I do the same way and charge him for my time?
There might be certain law regarding towing. We are not supposed to know each every law. We just did any reasonable person would do in such situation. The towing driver obviously took advantage of us (we don¡¯t have any experience on this, this is the first time our car got towed) and played tricks on us. He just wanted to make money on this. It is not fair. It is not the way it should work.Should I pay the $175?
ANSWER: Well, let me get this straight, you were towed, he did take the drop fee payment from you (did you get a receipt?)
Then you noticed damage and he called the police.. Ok billing for time is a practice for when trucks are tied up...
But was he still hooked to the car?
Or had he released it to you.
Something does not sound right here..
I hope the car was not towed off... I do think that he was reaching for more straws to collect that fee.
Are they billing you for the fee? if so I would talk to the tow company management or owner about this...
Something is just fishy here... Since you mentioned Huntington Beach, I know that the local police department does have a officer in charge of the towing issues.. That might be a person to contact also.
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QUESTION: Yes He did take the drop fee and gave me a receipt. He released the car after we paid the drop fee. But that happened after the police came to resolve the issue. The driver asked for another $175 for the time. But we didn't pay it. He said his company is going to sue me to get the money.
Thank you so much for your time and answer.
ANSWER: Well, that answered a few questions...
As to the fee, if they want to sue you, my thoughts are to let them go for it... After all it will take and go to court and that would take and let them "PROVE THE LEGALITY OF THE FEES"
I think they might just be bluffing...
---------- FOLLOW-UP ----------
QUESTION: What if they send me a bill? If I don't pay it and they will send it to collection bureau and ruin my credit record. Maybe I think too far, I don't know. Do you think it is possible?
Thank you again!
AnswerYes its possible for them to send you a bill, go though a collection agency, but remember when you have a bill in hand then you have a legal basis for disputing the bill...
Oh yeah if it got far out of hand then it could get to what you think, but also remember till then its a bluff...
remember it has to follow a legal course of action to get to that point. That is what will help you..
