QuestionQUESTION: Last night I was towed from the public street in Plymouth, New Hampshire. There is a sign that states there is no overnight parking from 12am-6am on a telephone pole about 100 feet down the street from where I parked. There is no sign that warns that your car may be towed at owner's expense.
That said, the bars in the town close at 1am. The streets are filled with cars at this time. No cars are ticketed or towed. I've left my car here several times without issue. I always return by 2-2:30am to retreive my car.
Last night, I decided to walk two friends home after the bars closed because they were girls and I did not want them to walk alone. We stopped for a quick bite to eat at a pizza place that sells pizza at a window. My car is right behind me and there are several police cars on this road. There is a police car behind my vehicle with its lights on, but I do not see the officer around. I thought he was dealing with drunk college students in the area. I had had a drink, but felt it best to wait a little longer before getting in my car to drive home, so I walked with the girls.
After I got them home around 1:50am, I ran back to where my car was to find out it had been towed 5 minutes before I got there. The police said it had been there 'too long'. However, the town was doing unannounced snow removal (I've called all the sources the town's parking ordinance says they must report snow parking bans to) My car was in the way, and they had it towed. Otherwise, it would have only been ticketed (my guess per my friend's experience). They actually did not even ticket my car!
Also in the town ordinance, it says the police may tow for any violation of the parking ordinance.
My question is:
Was my car wrongfully towed if the police report states it was due to being in the way of snow removal? Regardless that it was not supposed to be parked there during that time, the snow removal was unannounced resulting in my tow.
Do you see anything that I could possibly use in small claims court to try to get my $210 tow charge reimbursed?
On a side note, I met with the employee who towed my car at 4am. He requested $125 cash only to let me take my car. I did not have the cash on me, so I asked if I could pick it up when they open, at the same spot, for the same amount. He said yes. I arrived the next morning to find out they moved my car prior to the time he said they opened, and I was told I would have to pay another $85 for the storage fee. Is there anything wrong with the way the tow company did this? I would have gone to the bank that night and got the money, but the employee said it would still be $125 if I was there when they opened up in the morning. The owner disagreed with my story and said the employee was too new to know and wrong in what he told me. He said it would have been $210 no matter when I picked it up, even though I was literally in my car when the guy said I could leave with it for $125.
What can I do? Any help is appreciated.
A copy of the town ordinance is linked here:
http://www.plymouth-nh.org/node/441
Thank you!
ANSWER: I'll be perfectly upfront and honest with you. If it was a police authorized tow it will be a uphill battle. Regardless of whatever reasoning you had, if the police felt the vehicle was in violation, then that is what they will testify to. As for the tow sign not stating who would be responsible for the tow, you can try to argue it and good luck.
I did a quick reference with the link provided and the state statue http://law.justia.com/newhampshire/codes/nhtoc-xxi/nhtoc-xxi-262.html and didn't find a definite indication of when storage should occur. Some states don't allow storage until the first 24 hours, some are 12 hours and others as soon as it enters the storage lot. With the amount you where charged it does sound about right for a non consent tow and a day of storage. As for the vehicle being moved from one storage facility to another in less than 24 hours does sound unusual but parking/storage may be a premium up there.
---------- FOLLOW-UP ----------
QUESTION: Thank you for your response. To explain a little more about the tow company situation:
My car was towed at approximately 1:55am. I called the tow company at 2:30am to pick up my car. My car had been placed in the corner of the parking lot at their gas station. It was not in gated storage at the time I went to claim the car. I could have gotten in it and drove away, but the police advised me not to do so.
When the employee arrived, he stated it would be $125 to pick up my car. Not having that type of cash on me at the time, I asked if I could pick it up in the morning when they opened for the same amount. He said yes.
That morning, I was down at the station before they opened, but my car was gone. I asked where it had been taken to, and the employee said the other facility. I had to call a friend to get a ride to the other facility which was about 3-4 miles away. When I got there, they told me I would be charged a gate fee of $85 because it was a weekend. Instead of taking my car to the location the employee told me it was taken to, my car had been placed in a gated location approximately 7-8 miles from the 2nd place I went to.
After waiting another hour and 30 minutes, the owner finally had someone take me down to my car to pick it up. He told me that even though my car was not in the gated facility, it still would have been $210 to pick up my car the night before.
Could I have gotten in trouble for driving my car off the non-gated parking lot? And is the owner still correct that he could have charged me a gate fee when the car was never really in his storage facility? What if my car had been damaged in the non-gated facility? The employee who towed my car said he dropped it off there because he did not have time to bring it down to the storage station.
I don't think I will fight the police on the authority to tow with no warning signs, but I may fight the towing company in small claims court.
ANSWER: "Could I have gotten in trouble for driving my car off the non-gated parking lot?"
Well, yes and no. Even though the lot wasn't a secure parking and nothing was in place to prevent you from driving off the lot it could hurt you in the long run. The tow company could try to file a civil suit against you for the fees but then it's only word of mouth of what happened. You did the right thing by not doing it, especially if you are finding fault in the tow company and going to court. The end result doesn't tarnish your character or put you in a negative light.
"..is the owner still correct that he could have charged me a gate fee when the car was never really in his storage facility?"
Again, yes and no. If it went to the storage lot in the first place then yes but your car was shuffled around, an employee said one thing and the owner another, the delays on retrieving the vehicle, etc. Personally, I disagree with the tow owner stating that you would be responsible for the $210 (additional $85, gate fee) if it was picked up at the gas station within the hour and the driver was there. Since the vehicle wasn't pickup within the hour, a fee for storage or after hours release is reasonable.
The $125 for the intial tow seems fair and reasonable but the tow company chose to relocate your vehicle and move it to a secure storage lot. The question is why? If they didn't feel it was secure enough at the gas station then why leave it there in the first place? I do know the answer (that's another discussion) and since you also knew they should have just left well enough alone. I'm not sure about the police tow procedures or contracts there but if it's anything like anything down here the police may find it interesting on how it was handled. An example with police contracts here are once it loaded on the truck it must go directly to the authorized tow storage lot on file with that department. Meaning, we could not do what they did without being in serious violation of our contract.
Unfortunately, some tow companies can operate the way you described which makes the true professional tow companies look bad. My suggestion is contacting the police or resource officer in charge of towing procedures and contracts. Ask for a copy of the town/city tow contract and explain you are doing research and interested in the rules and regulations. Maybe they can help, maybe not but shuffling the vehicle around, word play and jumping through hoops to get your vehicle back is far from normal or proper procedure. Also contact http://www.nhtowingassociation.org/ as they are the watch dogs for your state for possible unprofessionalism in the towing industry. Keep me posted on the outcome and anything else don't hesitate to ask.
---------- FOLLOW-UP ----------
QUESTION: After getting a copy of the police report, going through the parking ordinance again, and finding a few useful state statutes, I'm looking for your opinion in regards to actually going to the town's police department for reimbursement of my towing charges. I will not go to small claims court because of the $60 fee to file.
According to the police report I received, my car was towed due to snow removal. I then asked how the snow removal parking ban was broadcast, and the officer told me that they went to each establishment and gave them a flyer to notify the patrons inside. They mentioned that they usually broadcast over the radio as well, but after talking with the local radio stations, this did not happen.
Now according the parking ordinance (http://www.plymouth-nh.org/node/441), the police department has the right to tow for any violation. I was not issued a ticket for a violation, and in the snow removal section of the ordinance, it clearly states that subsequent to a snow removal parking ban, my car could be towed. However, if proper broadcasting of the ban was not performed, could this then be considered an illegal tow? I mean, no where in the ordinance does it say handing out flyers is an adequate means of notification.
A few extra details as well...
State statutes:
http://www.gencourt.state.nh.us/rsa/html/xxi/262/262-mrg.htm
Under RSA 262:32 and 262:33, I believe I have the right to request a hearing with the town police chief on this matter for reimbursement of the towing charges. This statute seems to give me a way of not going to court, but instead allows me to present my case to the police chief or his designee.
Given this new information and the results of my police report, do you believe my car was illegally towed, and should I request a hearing? I know my chances are still 50:50, but I'm just wondering if I have enough 'evidence' to make my case on.
If you need any other information, please let me know.
Thanks again.
AnswerHonestly, it doesn't matter whether I think you have a good enough case, it's how well it's presented and interpreted by a judge or designated official. If you decide not to use legal counsel and represent yourself, you must have a strong argument/case and present how such laws are implied, enforced and executed. I do have to admit you have done well with the amount of research you have compiled. At this point, good luck and response back on the outcome.
