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Legal matter regarding my Z


Jesse OBrien

How should I handle this? (I have to pay all fines on Monday either way)  

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  1. 1. How should I handle this? (I have to pay all fines on Monday either way)

    • Go to WAR! (call a lawyer and organize my case against both the PD and the towing company)
    • Open a dispute with the City (hoping the PD would pay all fines)
    • Dispute the charges with the towing company
    • Contact the Solano County Jury to have the towing policy redefined
    • Pay the fines and move out of this crappy town


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step1

get physical possession of your car back and pay the fines and towing costs before they increase! put the car in storage where its not easily located for awhile and get it running

step 2

only then fight the battle, because getting your car (parted out) (LOST) or (STOLEN) or deliberatly (SABOTAGED ) is A VERY STRONG POSSIABILITY if you DON,T

step 3

youll loose ....ONLY because they don,t give a crap about the cost, car or you, its all about money,....YOUR MONEY and how much of it they can force you to spend, and the longer it drags on the more of YOUR MONEY NOT THIERS gets at RISK

 

HOW do I know,

I had a radiator hose burst at 3 am, I pulled into a shell station and ask if they sold them, (they said the mechanic came in at 7 am, ask him then, I came back at 7am to find they had towed my car accross town to a differant shell station owned by his brother and now owed $175 in towing fees.....(two weeks pay in 1967)I was PISSED OFF but I PAID AND GOT THE CAR BACK, FIRST! AS I HAD SEEN TO MANY TIMES WHEN CROOKED TOW COMPANYS HAD STRIPPED CARS THEN CLAIMED THEY WERE (FOUND IN THAT CONDITION)

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There's no disputing that the car was 'non op', but it wasn't registered as 'non op', which I think should still be legal to park on the street (plenty of people get away with it, anyway). My big complaints come from the fact that by the time I could take action, I've already been charged for almost $300 in storage fees, and was given no option to do otherwise, since nobody informed me of where the car was, and I could not get an answer out of the PD (seems awfully suspect to me).

 

I really appreciate the input, and see where you're coming from.

 

 

 

I'm definitely picking up the car on Monday, and I'm trying pretty hard not to point any fingers at shifty behavior, as I don't know the specifics of the situation. I'm going to assume they were pressed for time or something to that effect.

 

 

 

That's one of my biggest complaints. If I don't know I've done something wrong, how am I to fix it? Some sort of notice/warning/citation/ticket would have gone a long way for me.

 

 

Bottom line

I would have appreciated some sort of contact and a chance to move my car before it was towed. I think this is a clear-cut case of overzealous towing (disagree all you like, there were many options open to this Officer, and he chose the most extreme).

 

Disregarding the lack of contact beforehand, wouldn't it make sense to inform someone that their car has been towed? Leaving a note on my door or a message on my voicemail would have allowed me to pick up the car on the same day. I would still be upset, but wouldn't feel as taken advantage as I do now.

 

If not, at least send me a mail notice so that I can act on it immediately, not on Saturday when the PD is closed (and impounded cars cannot be released). Also, I'd really appreciate if the tow company would reply to me, and actually give me some means to pay them and get the matter resolved. Refusing my request to speak to someone who can help me, and wasting my time by not calling me back does not help the situation.

 

On top of this, Vallejo has a shooting almost every week. The crime rates have steadily increased over the past few years and most of the "business district" has closed down (antique shops remain, but ~75% of the buildings are empty). And while I'm offer a rock or an ounce every time I go to/from the bus stop, the PD is still centered on immediately addressing the car that looks like it doesn't run right now. I'm disgusted.

 

Thanks for all the input so far, guys! I can't tell you how much it helps to hear other peoples' takes.

 

 

The practical answer is to pay the towing charges, get your Z out of the wrecking lot and get on with life. By the way, be sure to take photos of the Z in the lot..... sometimes parts off interesting cars can disappear.

 

I wouldn't recommend litigation in this matter because I don't see any solid basis to sustain it. You parked your Z in either a public or private location: if it is private, then that owner can have you pulled with no notice other than posting the lot as a "tow away" zone and the address of the towing company.

 

If you began to make roadside repairs to a non op car and then left it, you accepted the risk that it would be towed or stripped. Consider yourself lucky: in my neck of the woods your entire Z would have been treated as a "pick a part" and "salvaged" out in about 4 hours. The lack of a hood, like rolled down windows and unlocked doors would be seen by our roadside foragers, or for that matter, by the police as proof of abandonment.

 

Did you leave a note in the car with your name, address, and telephone number?

 

But, I do know how you feel: I just paid a bit over $300 to recover my new operating Mx5 from storage after exceeding my private parking lot's allocated time by 30 minutes. Paid for 3 hours; car was towed 15 minutes after time had run out. Some cities, need the money and use tow companies to collect, what amounts to a heavy tax. Is Vallejo still in bankruptcy?

 

g

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Throwing my 2 cents in here: First of all get the car back as stated by others (and I am guessing was done today sometime). Second document everything done from the time you parked your car to the time you got it back from the yard, write down names, places, times, comments and notes about everything (if you have not done any of this do it now while most of it is still fresh in your mind... and go into as much detail as possible).

 

After having done the above make copies of everything and file it as a complaint to the police department and to the city. The reality is that it will be almost immediately burried by both but it will still be there and with enough complaints from enough people sooner or later changes will be made and you can at least feel better about doing your part to cause that change.

 

As pointed out by others it is all about money and fairness has nothing to do with it. I would also say that IMHO getting a lawyer for the situation you described would be about as benificial as tossing your wallet in a bonfire and probably twice as costly. As a side note, go buy a cheap car cover, if you ever have to leave your car looking "non-op" put the car cover on it and still move it at least once every 24 hours.

 

Dragonfly

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I agree with everyone here. Just go get the car (if you haven't already) and call it a day. If you want to get your money back the first thing i wouldn't do is claim ignorance ( you did several times in the first post) research the towing policies as you stated you would and if you find a GROSS negligence then go to court otherwise move on.

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Here on http://municipalcodes.lexisnexis.com/codes/vallejo/ I found the following:

8.24.010 Prohibited or restricted in certain places--Exceptions.

A person shall not stop, stand, or park a vehicle:

A. Where an official traffic control device indicates that it is prohibited;

B. Except a licensed taxicab, in a taxicab stand;

C. Except a passenger bus or licensed jitney in a bus stop zone;

D. On any street, alley or parkway for the principal purpose of:

1. Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency;

E. On any off-street public property unless a traffic control device indicates that such action is permitted, and then only in accordance with directions of such traffic control device;

F. Except as otherwise provided herein, in any red zone;

G. In any loading zone, except while in the process of loading or unloading passengers or materials;

8.26.030 Police powers.

A police officer is empowered to remove or cause to be removed to the nearest available public or private garage or other place of safety, or to a garage designated or maintained by the city, any vehicle, boat, trailer, or motor-driven cycle, that is stopped, standing, or parked on a municipal off-street parking lot for a period of time in excess of twenty-four hours without having prominently affixed thereto in the manner and location prescribed, a special permit issued by the collections and permits division of the finance department of the city, when authorized signs are in place giving notice thereof. Upon any such removal, the provisions of Article 3 (Procedure to Remove and Store Vehicles), Chapter 10, Division 11 (Sections 22850-22856) of the Vehicle Code of the state of California shall apply. (Ord. 157 N.C.(2d) § 5 (part), 1971: Ord. 32 N.C.(2d) § 18.03, 1973.)

 

 

 

I might just have a leg to stand on with this.

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Fight and get both your car and your money back. The law is taken too far sometimes and this I think is one of those situations. If it's being towed for being a non-op vehicle then nobody in California ever has a car break down apparently. I gather from the story the car was parked in front of your domicile (whether that is an apartment complex or otherwise I don't know) which should have told the officer after running the plates that vehicle was parked at residence and not abandoned. Anyone with half a brain (long shot for most cops) would have known the car was being worked on and if they weren't sure could have easily left a warning. Being a prick doesn't come with the badge. Fight it, lodge a complaint with department and get a lawyer. Good luck.

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Print that sucker out!

Take a picture of the area you parked in from all angles and include any NO-parking signs nearby.

Make sure you have someone with you who can help to prove the car was not parked more than the ONE-day(24 hr) period.

Take all of your receipts

 

Go to the best lawyer you can find.

 

For God's sake, The PD, City Hall, etc... will keep you running in circles until you give up. Just hire a lawyer and sue the rat-bastards for the towing/storage fees, your time, legal fees, and mental anguish. Your car is one of the most important things you own. You can take the town to the cleaners for stealing your car and then forcing you to pay to get it back.

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Hope you got the car back.

 

I'd fight for more than just your money back personally. I'd demand money for the time YOU spent fixing THIER mistake. You're clearly BY LAW in the right. There's ZERO proof your car was there more than 24 hours and you IN NO WAY violated any law.

 

Vallejo has lots of old beaters and dead cars driving around. This makes me think the city is getting tow happy.

 

That being said last time I talked to a vallejo PD, I'd left my car in a parking lot (private, and I know the owners like family) ALL DAY, and it was the only car there. They'd seen the car earlier in the day and were worried it bellonged to a burgler trying to break in but didn't find any disturbance, so they left it. When I went back to the car later in the day THREE squad cars rolled in after me. They were just going to the same lot to write their reports and talked to me about seeing the car earlier in the day. They were extremely nice, surprisingly so, and let me go on my merry way and said they'd remember the car next time and it wasn't a problem at all.

 

I also had a completely dead/undrivable CRX parked in benicia nearly a month before it got a tow away warning, which gave me 72!!! hours to move the vehicle.

 

I don't know about you, but I'd fight kicking and screaming if I had to. The laws are written in detail, and you were in compliance and there's zero proof otherwise.

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Sorry I've left you guys waiting so long. The only reason I haven't updated is because I'm waiting for a solid answer from SOMEBODY as to what needs to be done. The PD has told me twice now that I need to pay the tow company before they can release it, and the tow company is telling me to go to the PD first.

 

Yesterday, I kind of threw the nice lady from the tow company against the wall (verbally) and demanded some kind of answer. I was told I'd get a call back by noon today...

 

It's 6:36 now, as I write this. I'm more than a little pissed off. Again, I'll keep you all updated.

 

Anybody know if AAA will tow from the impound lot?

 

I'm moving down to San Leandro on the first of July, I'm ♥♥♥♥♥♥♥ sick of this town's inconsistencies (public transit rates/hours of operation, police coverage, laws that get enforced, gang moods, etc). It sucks, and there's no payoff. I'll get pictures of the new place asap, and I'll be bringing my CRX down there as well.

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This is more than a week later and you haven't had your car released? Storage fees are still being racked up? You are being bulldozed my friend or you are not doing what is nessesary. I would hate to think that there is a police department sanctioned plot to relieve you of your money or car. Get some local help before you lose your car and still have fines you owe.

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Wow... Just plain wow.

 

I hope all goes well with getting your car back man.

 

We should hook up before you move to san leandro, though I'm down that way now and then to visit my sister.

 

I really hope nothing like this happens to my car while parked in vallejo.

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I am not even going to vote in your poll because it is moot. You can't even figure out how to get to square one.

 

You cannot be very interested in getting your car back if you are still in limbo about how to get it.

 

I have a friend who gets into these situations more than anyone else I know. To hear him tell the stories, he can't find the right person to talk to, he can't get answers from people in charge, they wont listen to him, he doesn't have the time, he doesn't have the money, etc, etc, etc. Over the years I have come to realize that it is his approach that fails him. He simply lacks the communication skills to get things done.

 

I have a very short fuse when people give me the runaround. I don't allow anyone to tell me NO without a sensible explanation. They have your car, they are charging you money evey moment you allow this to go on. DO NOT ACCEPT NO FOR AN ANSWER FROM ANYONE. That means the police, the impound lot, or GOD himself. They had better have a detailed explanation or they are liable in court for any costs you incurr beyond the first encounter you had. You don't walk away from anyone who has told you to talk to someone else without a name, a physical description, serial number, form number, contact information, and the names of supervisors going 3 levels up in rank. You get phone numbers, addresses, maps and GPS coordinates for evey single contact you have in this meatpuppet show.

 

This stinks of ineptitude on everyone's part in this freakshow. Get a freaking grip on life or you are destined for failure. This is child's-play compared to what you are in for with insurance and healthcare issues.

 

Dont take this as an attack on you personally, call it tough love. I just see this as a repeat of the things my friend had been through. It is NEVER that complicated. It is always a matter of life skills.

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Sorry I've left you guys waiting so long. The only reason I haven't updated is because I'm waiting for a solid answer from SOMEBODY as to what needs to be done. The PD has told me twice now that I need to pay the tow company before they can release it, and the tow company is telling me to go to the PD first.

 

Yesterday, I kind of threw the nice lady from the tow company against the wall (verbally) and demanded some kind of answer. I was told I'd get a call back by noon today...

 

It's 6:36 now, as I write this. I'm more than a little pissed off. Again, I'll keep you all updated.

 

Anybody know if AAA will tow from the impound lot?

 

I'm moving down to San Leandro on the first of July, I'm ♥♥♥♥♥♥♥ sick of this town's inconsistencies (public transit rates/hours of operation, police coverage, laws that get enforced, gang moods, etc). It sucks, and there's no payoff. I'll get pictures of the new place asap, and I'll be bringing my CRX down there as well.

You should had the lady call the impound and see whats going on. or have someone IN WRITING tell you that you need to do this and this. When things like this happen to me I like to have EVERYBODY'S response in writing with dates.

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I spoke with the Chief's assistant, and consider this matter completely resolved.

 

I get my car back on Monday (they can't release anything over the weekend) and am legally bound to not disclose any aspect of the settlement reached.

 

But I will say this: I came out on top.

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