Azure Jane Lunatic (Azz) 🌺 (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
azurelunatic) wrote2010-06-23 07:28 pm
azurelunatic) wrote2010-06-23 07:28 pm
Entry tags:
Return of the Car
My car has been retrieved. My budget is reeling/sulking at the blow, but my car is retrieved, and it (and contents) are intact. I was not given the most professional impression of the private towing company in question, for a number of reasons, but most strikingly the way that there was a great honkin' tow truck parked in front of my car (this did not strike me as out of the ordinary for an impound lot) -- which they had to unlock with the coathanger-tool to unset the brake, and then tow out of the way with a forklift.
Backing up for a bit -- so we arrive at the address, making our plans for presentation -- I channel a particularly prim and unimpressed hen; my aunt prepares to look menacing. We crack the sunroof, put up the shades, and make sure the poodle's OK. Some of the wind goes out of our sails when we find that it's a locked impound lot on a street with a lot of impound lots, junkyards, and (apparently) metalworking places. The impound lot is unmanned. "Maybe they're out to lunch? Oh, but it's one," my aunt says.
Unimpressed, I call the number, and the fellow says that he will send the guy. My aunt and I wait. And wait. We chat. The guy next door asks us to move out of range of the shower of sparks from the metal he's about to cut. We perch on the other side of the road where there's a retaining wall and some flowers. My aunt pulls her vehicle around to park closer, so we can sit out of the sun and out of the bees.
A guy emerges from somewhere and begins wrestling with the lock on the gate. Apparently it is stuck due to the two pieces of metal with the holes in no longer being quite as well-aligned as they were when it had been locked. He waves off help from my aunt, who had been debating over wearing her weightlifting T-shirt (she holds, or held, some records for her age and weight class). A second guy emerges. The gate is eventually opened. (Throughout this -- and throughout the entire operation -- there are calls back and forth to the main office and other people; these guys are clearly on the very low end of the 'in charge' stick, and are not the decision-makers or the people with the information. I only have enough Spanish and Romance roots to catch one word in ten or twenty, but nothing about the subjects discussed in the calls sounds unprofessional or out of line with what the guys are telling us. They treat us perfectly politely, professionally, even warmly, in word and deed. The overall professionalism of the *operation*, however, remains unimpressive.) Intelligence is given that "my friend" will be along shortly, to make things happen.
The "friend" arrives, in a towtruck for yet another tow place. This is at least the fourth towing company I have seen represented here. Paperwork ensues.
I have been unimpressed with the outfit from word one starting last night, and had prepared to pay in cash, rather than sharing even so much financial information as my bank card with them. I am suddenly happy at this choice. I perch on the lip of the trailer that serves as the on-site office, but not on the random nuts, bolts, and perhaps broken glass piled to one side.
My aunt fields two calls. She was supposed to have been to some dog event at 2. Now both the other people she is meeting there have called: they are both lost and cannot find the place, but at least they have found each other and are lost together. She will get there when she can.
My car is behind a large tow truck, one with a beat-up car on its platform. Discussion ensues. The upshot of this involves the guy with the other tow truck extracting this fantastical, long, snaky, green, handled device from his box of tricks and hopping up onto the side of the tow truck. I realize with mingled hilarity and consternation that this is the modern equivalent of the coat hanger, and they, in the absence of the keys to the tow truck, are breaking in, in order to get it moved. I am a bit in too much shock to get a photo.
I wonder if it's going to get hotwired, too, or if ... and the tow chains are brought forth. And ... holy mother of pearl, it's a forklift. Yes. They're towing the tow truck out of the way of my towed car, using a forklift.
I begin to wonder if the shenanigans with the towtruck and forklift are the "dolly fee" on the invoice. If so, I am not impressed.
They claim that I'd been blocking the access to private property. I ask after the photo that establishes this. They say that they will be sending me the photo when the guy who does this is in town, and take my phone number. I am distinctly more unimpressed than previously.
I become antsy. The folks that I dogsat for in May are going out of town again, and I'd previously scheduled a briefing-and-key-handover for 1pm. I'd rescheduled it to 3 upon realizing that my car had been taken. I begin to have doubts about whether I'd make it.
Finally the tow truck is cleared, and my car stands ready. I express my doubts about getting into the driver's side, as it is approximately one inch from the fence on the side of the lot. "Do you have the key?" one of the fellows (the second one) asks. I produce it. He unlocks the passenger-side door on the second try, and crawls in, over and around the blanket-wrapped bundle of desktop computer in the passenger seat. I wince.
He drives the car away from the fence and up to me, and I take over. And we're off! I wave to my aunt. She heads off behind me, and we split our separate ways. I do not pass go, I head directly to the dogsittees' place, and am there in plenty of time for the 3pm briefing, where I share the highlights. Mrs. Dogsittee advises me that, well, at least I got a good story out of it, and towing the towtruck with a forklift is actually kind of hilarious.
I am planning to set the computer up tonight. We'll see how it's fared in these adventures.
Backing up for a bit -- so we arrive at the address, making our plans for presentation -- I channel a particularly prim and unimpressed hen; my aunt prepares to look menacing. We crack the sunroof, put up the shades, and make sure the poodle's OK. Some of the wind goes out of our sails when we find that it's a locked impound lot on a street with a lot of impound lots, junkyards, and (apparently) metalworking places. The impound lot is unmanned. "Maybe they're out to lunch? Oh, but it's one," my aunt says.
Unimpressed, I call the number, and the fellow says that he will send the guy. My aunt and I wait. And wait. We chat. The guy next door asks us to move out of range of the shower of sparks from the metal he's about to cut. We perch on the other side of the road where there's a retaining wall and some flowers. My aunt pulls her vehicle around to park closer, so we can sit out of the sun and out of the bees.
A guy emerges from somewhere and begins wrestling with the lock on the gate. Apparently it is stuck due to the two pieces of metal with the holes in no longer being quite as well-aligned as they were when it had been locked. He waves off help from my aunt, who had been debating over wearing her weightlifting T-shirt (she holds, or held, some records for her age and weight class). A second guy emerges. The gate is eventually opened. (Throughout this -- and throughout the entire operation -- there are calls back and forth to the main office and other people; these guys are clearly on the very low end of the 'in charge' stick, and are not the decision-makers or the people with the information. I only have enough Spanish and Romance roots to catch one word in ten or twenty, but nothing about the subjects discussed in the calls sounds unprofessional or out of line with what the guys are telling us. They treat us perfectly politely, professionally, even warmly, in word and deed. The overall professionalism of the *operation*, however, remains unimpressive.) Intelligence is given that "my friend" will be along shortly, to make things happen.
The "friend" arrives, in a towtruck for yet another tow place. This is at least the fourth towing company I have seen represented here. Paperwork ensues.
I have been unimpressed with the outfit from word one starting last night, and had prepared to pay in cash, rather than sharing even so much financial information as my bank card with them. I am suddenly happy at this choice. I perch on the lip of the trailer that serves as the on-site office, but not on the random nuts, bolts, and perhaps broken glass piled to one side.
My aunt fields two calls. She was supposed to have been to some dog event at 2. Now both the other people she is meeting there have called: they are both lost and cannot find the place, but at least they have found each other and are lost together. She will get there when she can.
My car is behind a large tow truck, one with a beat-up car on its platform. Discussion ensues. The upshot of this involves the guy with the other tow truck extracting this fantastical, long, snaky, green, handled device from his box of tricks and hopping up onto the side of the tow truck. I realize with mingled hilarity and consternation that this is the modern equivalent of the coat hanger, and they, in the absence of the keys to the tow truck, are breaking in, in order to get it moved. I am a bit in too much shock to get a photo.
I wonder if it's going to get hotwired, too, or if ... and the tow chains are brought forth. And ... holy mother of pearl, it's a forklift. Yes. They're towing the tow truck out of the way of my towed car, using a forklift.
I begin to wonder if the shenanigans with the towtruck and forklift are the "dolly fee" on the invoice. If so, I am not impressed.
They claim that I'd been blocking the access to private property. I ask after the photo that establishes this. They say that they will be sending me the photo when the guy who does this is in town, and take my phone number. I am distinctly more unimpressed than previously.
I become antsy. The folks that I dogsat for in May are going out of town again, and I'd previously scheduled a briefing-and-key-handover for 1pm. I'd rescheduled it to 3 upon realizing that my car had been taken. I begin to have doubts about whether I'd make it.
Finally the tow truck is cleared, and my car stands ready. I express my doubts about getting into the driver's side, as it is approximately one inch from the fence on the side of the lot. "Do you have the key?" one of the fellows (the second one) asks. I produce it. He unlocks the passenger-side door on the second try, and crawls in, over and around the blanket-wrapped bundle of desktop computer in the passenger seat. I wince.
He drives the car away from the fence and up to me, and I take over. And we're off! I wave to my aunt. She heads off behind me, and we split our separate ways. I do not pass go, I head directly to the dogsittees' place, and am there in plenty of time for the 3pm briefing, where I share the highlights. Mrs. Dogsittee advises me that, well, at least I got a good story out of it, and towing the towtruck with a forklift is actually kind of hilarious.
I am planning to set the computer up tonight. We'll see how it's fared in these adventures.
Let's talk about the V.C. Section 22658 violations.
--I did not see same. They asked whether I would prefer cash or card, but that is not a conspicous display.
(3) A person operating or in charge of a storage facility who refuses to accept a valid credit card or who fails to post the required notice under paragraph (2) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.
(4) A person described in paragraph (1) who violates paragraph (1) or (2) is civilly liable to the registered owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges.
(C) (i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.
-- did not provide. Not even after. The only thing I got was the receipt thingy.
(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.
-- did not provide. Only provided with receipt thingy.
(E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.
--This is the only thing that they could have towed me for, as I was on the street.
(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner's agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.
(2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.
--No, I do not have a copy.
(3) Has a public pay telephone in the office area that is open and accessible to the public.
--No.
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That's impressive fail at following the regulations thar.
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Their extravagant, blatant disregard of the CA law is amazing and if nothing else, it's important that someone stand up to them before they continue to harass other people. *hugs* Good luck and have fun!
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I'd look over this, since I'm too fuzzy to pick out the bits that specifically apply to you, and make them prove EVERYTHING they're legally required to do, as well as pursuing all applicable action against them. They have a legal obligation not to fuck up, as well as to pay for it when they do. Will ask the husband (ex Glendale PD) if he's had any experience with this, too.
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--I did not see same. They asked whether I would prefer cash or card, but that is not a conspicous display.
(3) A person operating or in charge of a storage facility who refuses to accept a valid credit card or who fails to post the required notice under paragraph (2) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment.
(4) A person described in paragraph (1) who violates paragraph (1) or (2) is civilly liable to the registered owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges.
(C) (i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.
-- did not provide. Not even after. The only thing I got was the receipt thingy.
(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.
-- did not provide. Only provided with receipt thingy.
(E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property.
--This is the only thing that they could have towed me for, as I was on the street.
(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner's agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization.
(2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle.
--No, I do not have a copy.
(3) Has a public pay telephone in the office area that is open and accessible to the public.
--No.
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! I hope you get a happy outcome!
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2) Sue 'em in small claims for your costs.
One advantage to paying with a credit card is that one can reverse the charges. This is a trick tow companies are very familiar with.
Being someone who occasionally authorizes tows, the very best reason is always fire lane or within 15' of a fire hydrant. We always take a picture, without fail, and the tow company we use also takes a picture.
I hope it all works out well for you in the end.
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