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Wrongful vehicle towing in CT

Discussion in 'Small Claims & Municipal Court' started by sebarrett, Jan 20, 2008.

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  1. sebarrett

    sebarrett Law Topic Starter New Member

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    My car was towed from a lot adjacent to a restaurant where I was having dinner. The lot in which I parked was clearly signed in the following manner: "Shopping plaza parking only. Police take notice. All others will be ticketed and towed. Parking permitted after 8:00 pm".

    I parked in the lot at 8:30 pm, and the receipt from the towing company reflects a tow time of 9pm.

    I had to take a $40.00 taxi ride to the towing company's office several towns away, and pay a fee of $154.00 to recover my car.

    Speaking with the towing company, I was shown a copy of their contract with the plaza owner stating an order to tow any restaurant patrons parked in the plaza lot. No time restrictions were listed on the contract, although, again, the lot was clearly signed in several locations. I was told that the parking restrictions were generally unenforced, but that the plaza owner had called the towing company directly on the day that my car was towed.

    As I was in a restaurant that appeared to be part of the shopping plaza, and as I was parked after the stated expiration of the no parking period, do I have a case? Against whom: the restaurant, plaza management, or tow company? Would I be able to recover the cost of both the taxi service and the towing charge? Would this be a matter that I could address in small claims court, or would I need to consult a lawyer?

    I, of course, have pictures of the signage, video of the plaza, a copy of the contract between the towing company and the plaza owner, and all appropriate receipts.

    Thanks in advance-- any help is much appreciated.
     
  2. garykittrell68

    garykittrell68 New Member

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    You may want to get a copy of your dinner reciept to show the time you were there, and maybe a statment from a waitress, or waiter.......But if the sign posted states you can park there after 8:00 PM then I would start off by writing a letter to that plaza owner demanding an explanation, and reimbursment of your cost(s) for the towing. I would ask him to reply with-in 10 days. If that don't work then go to small claims court...

    Good luck

    Gary
     
  3. Scooterdog

    Scooterdog New Member

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    I beleive, in that situtation, without a court order denying you of your property, they would have to have a hearing to deprive you of that vehicle.

    I'm sure the city and state have their little rules. But, you have a Federally protected right to keep your propterty until it can be ordered otherwise through due process. You cannot be deprived of property, liberty or any rights without due process (aka: a hearing). I don't care what your state or city says, that is Federal.
     
  4. ndusa1

    ndusa1 New Member

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    follow gary's advice! the other is just an opinion anyway. it would also be helpful to know what time the plaza owner called the towing company, if he called after you parked.
     
  5. Scooterdog

    Scooterdog New Member

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    Wrong again cyber stalker! I posted the case law in another thread.
     
  6. seniorjudge

    seniorjudge Super Moderator

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    Nothing in your post is correct.
     
  7. Scooterdog

    Scooterdog New Member

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    Really? Because I'm looking a Writ that worked in the District Court of Oklahoma for Noble County. Perry Okahoma.

    The date on the Writ is "Thursday 8 november 2007. Petitioner was Michael Thomas. The document is entitiled "Application for Writ of Detinue".

    Sure worked for Michael Thomas. They stole his pickup truck because he didn't have a DL. I think I'll stick with this Writ.

    Fuentes v Shevin (1972) 407 U.S. 67 The U.S. Supreme Court
    ruled that Firestone was prohibited from repossessing its gas stove. The statutory scheme there, as here, denied due process prior to the taking.

    Goss v Lopez 1975 The Supreme Court ruled that one
    cannot suspend a high school student without giving him due process - a hearing

    City of Redmond v Dean A Moore (2004)held that summary taking of a driver license is unconstitutional.

    Illinois constitution. Section 6. Searches, Seizures, Privacy, and Interceptions: The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.

    Illinois Constitution. Section 1. Inherent and Inalienable Rights: All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among
    men, deriving their just powers from the consent of the governed

    I don't think they can just hook up to it and take off without a court order, a hearing to deprive you of your property. Again, the state may say they can, but the higher courts(which the lower are bound by) tells us they must give us a hearing, or buy the property from us. As does the states constitution.

     
    Last edited: Jan 20, 2008
  8. ndusa1

    ndusa1 New Member

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    once again, follow gary's advice!
     
  9. Scooterdog

    Scooterdog New Member

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    Ya, don't file a Writ that works. Dont' follow case law, take someone advice who has never lititgated such a case.

    If there was no hearing, there was no duepocess. Look in your states constitution, it tells you this entire thing is ilegal. No due process=no jurisdiction.

    State law or city ordance means less than nothing. The Federal law and the Law of the Land, the United States Constitution tells you they cannot take your property without due process. The cases I have provided tell you they can not take your property without due process.

    As Hiltler said, "The bigger the lie, the easier it is to beleive.", just like in Amerika today. "victimless crimes", what a hoot.
     
  10. garykittrell68

    garykittrell68 New Member

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    Ok guys........the 13th ammendment does carry weight.......I was just trying to help the guy get it settled without going all the way to the supreme court......

    Gary
     
  11. Scooterdog

    Scooterdog New Member

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    Why would you be going to the supreme court? They have already ruled.

    I would file a tort action in court against both parties. Demand $10,000 for violating your constitutional right not to be deprived of property without due process of law aka hearing. Demand a jury trial. Include all of your cost's that have come from this.

    You can get a simple complaint form from the clerk of court. Get the rules on how to properly serve the parties. IF you can't afford to pay the filing fee, ask for a form for a waiver of fee's. The jury will have to follow the Constitution as well, easy win if you want it.
     

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