QuestionQUESTION: Good day, Lisa, thank you for taking the time to help people like myself with limited resources and expertise in finding our own answers.
My vehicle was illegally towed and I have been unable to resolve the matter with the tow company. I plan to sue in small claims court, and need to know:
1. May punitive damages be attached to the claim, and if so, what are they in Florida?
2. Is illegal towing considered to be civil theft?
3. May I claim lost wages, and if so, under what circumstances, such as actual missed work days, stress-related illness?
4. What is the criteria for proving pain and suffering (tow was performed on Easter Sunday and ruined my plans)? I also have an autoimmune defeciency disorder, anxiety disorder (including agorophobia).
5. Any other information that could be useful when presenting my case.
I have strong evidence, including pictures, a letter from the business who contracted with the tow company stating they were not authorized to tow, receipts, notes of conversations with the tow company employee, manager, and owner.
I would much rather contact the tow company again, armed with this information. What do you think my chances would be in being able to collect what I am entitled to, or should I make or wait for an offer?
Kind regards...
ANSWER: You didn't tell me what city you are in. This is important, since each city or county may have their own regulations. What was towed and why? How was it towed, from front or rear, with or without dollies? Did you take a taxi to pick your vehicle up? How long did they have your vehicle? Did you pay to get it back? Did anything spoil in your vehicle while the tow-a-way company had it? You can check with 'Municode' for the laws in your area. In Tallahassee, they have a list of fines for each rule (law) not followed. Here, first are fines, then the operators permit is taken away. You seem to have gathered most of the information needed, now get a copy of the laws the back up what you have proof of. The more info you give me the more I can help you.
Lisa
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QUESTION: Lisa thank you for this. In answer to your questions:
--I am in St. Petersburg, FL 33713 Vehical was towed in the city, in Pinellas County.
--My truck was towed, they said it was in a tow away zone, which is the Dentist office next door. For one thing, I was NOT parked there, I was in my own designated spot for my apartment, 2 spaces away from where they say I was parked (which I never would, I have no need or reason to park there.
--No, my daughter took me, our entire Easter Sunday plans were ruined.
--Not long... perhaps 2 or 3 hours.
--Yes, 130$
--Nothing spoiled.
I will try to find Municode and see if there are any answers there. I am having a difficult time looking, there are so many pages in the statues, and I have a condition that affects my memory and I become easily confused after reading a lot of information, even though I do copy it all into a file.
I did not know about the fines, thank you. I have not filed any complaints yet.
I still need to know the answers to the above questions, if you are able to find that out. Punitive damages, civil theft, lost wages, pain and suffering.
Yes, my evidence is very good, I even have a letter from the Dentist saying they were not authorized to tow, even IF I had been parked there, and a copy of the contract!
Thank you again...
Mahayr
ANSWER: I did a little research for you, seems your not the only person in your area that has had a problem with the tow-a-way companies.Go to the web link below and file a complaint. Hope this is helpful.
Lisa
http://www.pinellascounty.org/consumer/towing.htm
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QUESTION: That site also has a phone number I can call, so I am going to do that about the above questions.
I appreciate your time with this...
Mahayr
AnswerGlad to help. Even if you call BE SURE to follow up in writing. A phone call may answer your questions and get your money back. Yet the problem won't be filed under the company name unless you send it in writing. A little trick the tow-a-way company knows. They give your money back, hope you go away and there isn't a copy of them doing any wrong in their file. Nothing in print, no record if or when they do this same thing to another motorist.
Lisa
