Towing Issues: tow truck issue with my car in fire zone, tow fee, tow yard


Question
Richard,
I live in Colorado Springs, Colorado. I was parked in a fire zone right outside my house 2 nights ago, for a very short amount of time. I saw a tow truck drive by and got a little worried so I decided to move my car. The tow truck at this point was backing up to my car and lowering the lift. I jumped in and moved my car to a "legal spot". At that time I got out, the tow driver stated that he could still tow me and that I had to pay him the tow fee in order for him to  not take my vehicle. When I asked why he stated that he had already taken a picture of it and the plate, as well as reported it to the police. After a hard argument and some negotiation, he gave me his card and said we would work it out on Monday, as that was the next business day. I wasn't the one that initiated the tow call in the first place. I also understand that his time, gas and such where used, but that's not a reason to extort money from me because I caught you trying to nab my ride!

My question is this, as he left without taking the car,how does he still have the legal right to take it after the fact, when I moved it before he got it??

As far as the police are concerned, the only reason for taking the photo of the car and plate is that if i didn't know my car was towed and I called in to report it stolen, the police would know that it was at a tow yard and give me the next steps to get it back. The police don't care that the tow person did or did not pick up my car, the fee for the tow and the fees tom get it out go to the owner of the tow yard, not the police.They dont care if he does or does not tow it. He can just as easily "delete" those photos as he took them, and forget the whole thing.

I cant find anywhere that it states a tow company has this right, or that it is required.He is harassing me and I want it to stop! I am also afraid for my vehicle, I don't want to walk outside and it be gone!

Thanks for your time! I appreciate it.

Answer
Well, fire lanes mean no parking for 4 seconds, 4 minutes or 4 hours and as such do have tow companies patrolling them as needed to keep them clear... But some complexes do call in the tow truck when they have a vehicle in the fire lanes.   

Now as to taking the picture, that is one excuse he gave you, but it also does "PROVE" that it was in the fire lane.. Calling the police, in most areas is required to tell them it was going to be towed, and then there is a phone call when it is in the tow yard to the police.  

Personally I think that he is trying to bluff you into paying the fees, as if he did not hook it up and start to tow it, it would be hard to prove in a court that he really did the job he is trying to charge for.

You talk about harassing you, I am not sure how he is doing that, but it would be a good idea to see about talking to the owner of the tow company. His employee (if he is not the owner) might be breaking the law.

I tried to find some specific Colorado laws and could not find anything on a quick search dealing with the "not hooked up" charges he wants... So I would kind of say (my thoughts here) are that he is wrong...


Hope this helps, if not then the Colorado PUC office regulates tow trucks and as such they would have more ideas on the rules that apply here.