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Predatory towing is a term that refers to a combination of generally unethical practices used by some towing companies to maximize their income. These practices include using spotters to get your car towed almost as soon as you leave it; charging excessive fees for towing or storage; or making private side deals with owners of stores or parking lots to maximize towing income. Any of these practices can result in unfair and excessive charges for the vehicle owner. If you respond appropriately to predatory towing, you may be successful in recovering you car at no cost. If not, you may still be able to take the company to court to recover any unfair payments you were forced to make.
Steps
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Call the towing company. If your car has been towed and you are being required to pay what you believe is an unfair or excessive towing bill, you should begin by contacting the towing company. The owner of the lot or space where your car was parked should be able to provide you with the contact information, or you should be able to find a sign with the company's name and telephone number.
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Challenge the towing bill. Notify the person at the towing company that you question the towing bill. When you call, you should have in mind some reason for challenging the bill. Some reasons that you might use, which have been codified into local predatory towing laws in some U.S. states, include: [1] X Research source
- the car was only parked in the spot for less than an hour
- there was no “No Parking” or other warning sign
- the towing or storage fee on the bill is unreasonable
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Threaten to take legal action. If your challenges over the telephone do not result in satisfactory action on the towing bill, you should tell the representative that you intend to take legal action. In many cases, the mere threat of taking the company to court may result in some concessions on their part.
- In your conversation, if it is clear that the company is not going to cancel the ticket, you should say, “I am very dissatisfied with this treatment, and I intend to file a complaint against your company in court.”
- If you threaten legal action, you should have a strong idea that the company acted improperly. For example, if you have evidence of a lack of signage or a witness who can testify that you were parked for a brief time, you should mention this.
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Inform the company that you will report them. Many businesses rely on maintaining a positive reputation. If you tell the representative on the telephone that you intend to report them to either the Better Business Bureau, the local Chamber of Commerce, or your state's consumer affairs office, you may get a positive response. Even if your evidence may not be strong enough to take the matter to court, this may prove successful. Companies do not want to build a record of negative reports.
- You can also threaten to post negative reviews online at the company's website or other social media outlets where customers look for services.
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Contact your town hall to investigate the local towing laws. You may also wish to contact the office of your state representative or senator. Several U.S. cities, towns or states have enacted laws to counter predatory towing practices. Visiting your town clerk or contacting a local representative can let them know that predatory towing is a problem. They can also help you understand what the regulations are.
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Research your local or state towing laws. You should investigate the local laws in your area to find out which practices are allowed, disallowed or limited. The more you know about the laws on this topic, the more prepared you will be if you ever run into trouble. Some of the common protections that are included in such laws are: [2] X Research source
- One hour minimum. Many predatory towing companies employ “spotters” to watch spaces and call a tow truck as soon as someone parks illegally. Laws counter this practice by requiring that you must be illegally parked for up to an hour before you can be towed.
- Unconditional release. If you return to your car before it has been removed, the tow operator must release it to you.
- Ten mile limit. A towing operator may not remove your car more than ten miles away from where it was parked.
- Clear warning signs are required. The space in question must clearly be marked as a no-parking, resident only, or some other limitation. Without clear signage, you may not be towed.
- Valid towing permit required. The towing company must be licensed by the state or municipality.
- No profit sharing. The towing company may not pay anybody else, such as spotters or the parking lot owner, any type of fee for contacting them to tow your car.
- Credit cards accepted. Towing companies may be required by law to accept credit cards as payment.
- Reasonable towing and storage rates. These laws often set limits for the amount that the operators may charge as towing and storage fees. If the company exceeds a reasonable limit with its fees, then the company may be liable to you as a penalty.
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Demand the release of your car if it has not yet been removed. In many jurisdictions, local towing laws have been enacted to protect car owners. One provision that is common to many of these laws is that if you return to your car while the tow truck operator is in the process of hooking up the car, but has not yet removed it, then the operator must release the car to you. This release must be unconditional. However, the operator may be allowed to charge a reasonable release fee of up to half of its normal charge.
- If you return to find your car in the process of being hooked up, you should approach the operator and say, “Hey, this is my car. According to the local towing law, you have to release it now.”
- You should investigate your local towing law as soon as you can, to find out if this is true in your area.
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Take photographs of the lot or parking space. If you are going to challenge a predatory towing bill, particularly in court, you will need to have some evidence. The best proof you can have to support yourself would be photographs of the scene where you parked. Return to the spot and look for signage. If there are no warning signs that prohibit parking, you may be able to get the court to rule in your favor on the ticket.
- When you take photographs, you need to get a wide enough shot to show that the whole block or parking lot is not marked. You also need to get close up shots of any signs that are in the area, so they are legible for the court.
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Find a witness to testify for you. If someone was with you when your car was towed, you should ask that friend to testify. Review with your friend where you were parked and the facts of the situation. Try to get your friend to accompany you to court if you schedule a hearing. [3] X Research source
- If nobody was with you when you parked, you may be able to find a witness who happens to be around when you return to the car. If you see a person there, try to get a name and telephone number so you can get back in touch. It may be uncomfortable to approach a stranger, but it could be worthwhile. Ask someone, “If I file a complaint in small claims court, would you be willing to come with me and testify that there are no parking signs here?”
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Get a copy of local parking regulations. If your city or town has any anti-predatory towing regulations, you should print them out. Read through them and find whatever specific regulations you think would help your case. Make additional copies and take them with you when you attend the hearing in small claims court. [4] X Research source
- You can probably expect the court to know the laws, but it would help to take a copy with you. If you want to introduce something into evidence, you will need a copy for the judge and a copy for the opposing party.
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Consult with an attorney or small claims counselor. Most parking and towing issues will involve a relatively small amount of money, probably $200 or less. Nevertheless, if you are going to file a claim in small claims court, it will help to have the advice of someone who knows the legal procedures. If you can afford it, you may want to hire an attorney. Alternatively, some small claims courts in the U.S. offer access to free legal aid counselors who could help you with you case. Ask the court clerk if such a service exists.
- As one example, the small claims court for San Diego, California, provides a free legal service. You can reach the small claims adviser by telephone, Monday through Thursday, at 858-634-1777. [5] X Research source
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File in the county where the defendant lives. In most U.S. states, a complaint for predatory towing needs to be filed in small claims court. You need to file your complaint in the appropriate court. Usually, this is the court in the county where the defendant resides or does business. If you have doubts, you should contact the clerk's office where you believe you need to file and ask if you are in the right place. [6] X Research source
- You can find a handy resource to the local filing rules for small claims courts in all 50 states at http://www.nolo.com/legal-encyclopedia/small-claims-court-in-your-state-31016.html .
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Prepare a complaint or claim form. Small claims courts will often have a simple form for you to complete, while others may require you to draft a complaint of your own. Visit the clerk's office to find out what the local expectations are. Alternatively, you may be able to look up your local small claims court online and find copies of the required forms. [7] X Research source
- When you complete the complaint or claim form, you will be expected to provide the defendant's name and address. Use the name of the company and find out its address for its place of operation. If you know that the company has one address for its offices and a different address for its storage lot, you should be prepared with both.
- You will need to provide your own name and address, as plaintiff.
- You will need to provide a statement of your claim against the towing company. Explain all the facts that you believe support your claim that the company engaged in predatory towing.
- In small claims court, you are generally not responsible for providing notice. You will file your claim form with the court clerk. The clerk's office will set a hearing date and will mail that notice to both parties.
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Prepare your case for presentation in court. Think carefully about your claim against the towing company and the reasons that you think the bill should be denied. Put your strongest arguments first, followed by any supporting reasons. Consider whatever evidence you have as well, and prepare it for court. [8] X Research source
- You should bring additional copies of any documents, photographs, or other items that you wish to introduce as evidence. You will need the original of any such items to provide to the court, and a copy for the defendant.
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Present your case in court. When you arrive for your assigned hearing, you will want to arrive early. Make sure that you have all your documents, copies of parking regulations, and any other evidence you will need. When you present your case to the judge (or perhaps a clerk magistrate), you should begin with your strongest arguments first. As you go through your presentation, provide the judge with whatever evidence you have. [9] X Research source For example, your presentation of a case related to predatory towing may look like this:
- Begin by asserting that you parked in a legal location. Present the judge with photographs of the area, showing that there were no “no parking” signs. If this argument is successful, the court may find in your favor without needing any further argument from you.
- Argue next that you were only parked for a brief time. Even if the space was marked as “no parking,” if you were only there for a few minutes, you should not have been towed. If you have a witness who can corroborate your testimony on this point, this would be the time to have the witness testify.
- Challenge any inappropriate fees that the company may have charged you. Even if your car was properly towed, you may still be able to challenge the amount of the bill. If the company charged too much, took your car to a lot that was impermissibly far from the parking spot, or refused to accept reasonable payment on your part, you may be able to challenge these with copies of the bill.
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Receive the court's decision. After you present your case with whatever evidence you have, the defendant will have an opportunity to present its case. After hearing from both sides, the judge will consider the matter briefly and give you a ruling on the spot. If the judge rules in your favor, particularly if the judge orders that the towing company pay you for some fine or restitution, you should get instructions either from the judge or from the court clerk about the procedure for collecting any amount that may be due. If the order is simply a cancellation of your bill, you should get a certified copy of that order from the clerk before you leave the court. [10] X Research source
- If the order is for the defendant company to pay you any amount, you will need to contact the company some time soon after your hearing to request that payment. Send a demand letter, along with a copy of the court's order, to the company. If the company refuses to pay, you would then need to contact your local sheriff's office, with a copy of your order, and the sheriff will help with collection. [11] X Research source
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Notify the Better Business Bureau. Whether or not you choose to take legal action for predatory towing, you always have the right to file a complaint with the Better Business Bureau (BBB). The BBB is a national organization in the U.S. that maintains records of complaints against companies in business. Your complaint may provide useful information to help future individuals understand the company's business practices. [12] X Trustworthy Source Better Business Bureau Nonprofit organization dedicated to promoting marketplace trustworthiness by educating consumers and reviewing businesses Go to source
- To file a complaint with the BBB, visit its website at BBB.org, and follow the link to “Consumer Complaints.” You will be prompted to provide a brief statement about your complaint, along with the identification of the company.
- The BBB will forward any complaints directly to the company. The company will have an opportunity to provide a written response. It is not the BBB's role to mediate a resolution, but rather to record your complaint and the company's answer, if any.
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Contact your local Chamber of Commerce. In many U.S. cities or towns, the Chamber of Commerce is an organization of local businesses and companies. While its primary objective is to maximize business opportunities and networking for entrepreneurs, you may make some progress by lodging a complaint for predatory towing practices. Look up the Chamber of Commerce, either online or in your local telephone book, and call with the details of your complaint.
- In addition to local chambers, there is also a National Chamber of Commerce, with a website at www.uschamber.com.
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Contact a law enforcement office. If predatory towing practices are illegal in your state or community, you should notify either the local police, your state Attorney General's office, or a state office of Consumer Affairs. Any of these offices should be able to help you contact the towing company and may be able to help you recover your car. Depending on the level of activity that the company engaged in, the law enforcement office may have the authority to invalidate your ticket, cancel any charges, or possibly issue a fine against the company.
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Use social media. If your objective is to notify other members of the public of the problems you have had with a particular towing company, you may be able to use something like Facebook or Twitter as a powerful tool to reach many people quickly. Be careful to present only factual information. Social media may not have an effect on the particular ticket or towing bill you received, but it can put pressure on the company to change its predatory practices.
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Tips
- While a towing bill may be so small that hiring an attorney is not cost efficient, you may wish to speak with legal counsel to understand your rights. Many small claims courts offer free legal counsel to help with simple small claims advice. Contact the court clerk in your area for assistance.Thanks
- This article focuses on towing practices and laws in the United States, but much of the information may be applicable elsewhere. If you are outside the U.S., contact an attorney or the relevant government agency for specific information on the topic.Thanks
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References
- ↑ http://www.consumer-action.org/index.php/alerts/articles/protecting_yourself_from_predatory_towing
- ↑ http://www.consumer-action.org/index.php/alerts/articles/protecting_yourself_from_predatory_towing
- ↑ http://www.dca.ca.gov/publications/small_claims/court.shtml#arrange
- ↑ http://www.dca.ca.gov/publications/small_claims/court.shtml#gather
- ↑ http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424475&_dad=portal&_schema=PORTAL
- ↑ http://www.dca.ca.gov/publications/small_claims/file.shtml#money
- ↑ http://www.dca.ca.gov/publications/small_claims/file.shtml#money
- ↑ http://www.nolo.com/legal-encyclopedia/what-evidence-bring-to-court-29450.html
- ↑ http://www.nolo.com/legal-encyclopedia/presenting-testimony-evidence-small-claims-30120.html
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