Unbelievable! Please tell me what you would do.

sbbamafan

New member
This will be long.

Today I went to check on something at one of my client's buildings. I parked my 8 week old 4runner in the Service / Vendor parking as always at 2:46. At about 3:15 I came out NOT to find my car. My first thought was that it was stolen. I soon realized that it had been towed.

We watched on the surveillance video. It was towed at 3:01 by the kind of tow truck that picks up one end (in this case, the back). The manager (my client) totally blew a gasket at the towing company. Facts are I was parked legally and nobody directed them or authorized them to tow my car. By 3:30 my client was cutting loose on them. They told us they would contact the driver and have the car back within 30 minutes. I stood out in the rain waiting...and waiting...and waiting. We called the towing company about every 30 minutes. I even called the Police to report it stolen (to me, it was).

The cop was a real jerk. When he arrived an hour after I called he did nothing but complain that the street numbers weren't big enough. First he said that since it was towed from private property there is nothing he can do. I responded with "so if i go to someone's house and steal their car, I get to keep it since it is not a police matter or crime."

Then he said the car wasn't stolen, it was impounded. I explained that impounded would imply that the authorities had it because of something I did. I said it was taken by someone without my permission or direction to do so. It was STOLEN!!! HE again said it did not constitute being stolen since it was taken by a tow truck. I again responded with "so if I buy a tow truck I can take any car I want without fear of criminal prosecution"

He asked if I had called the towing company and I told him we had numerous times and they claimed for hours that they would be here in 1/2 hour without showing up. He said it was a civil matter and that he could not do anything just because they would not respond fast enough for me. He went on to say "I'm not in the customer service business". I said "obviously not".

I really don't know what made me more angry, the towing company or the City of Atlanta cop.

Tonight my truck showed up on a flatbed. The guy proceeded to offload it right in front of me. They tilted the bed and let the wheels skid (one backwards, one forward) as it came down the tilted bed. Obviously they did not break into the car to put it neutral. I can only assume when they picked it up from their storage yard, they put it on the same way. It's almost like the T4R was protesting; kicking and screaming... I'm really concerned that they might have damaged something. A friend of mine (an attorney) said not to worry because it is so new and under warranty anyway. There is no visible damage and it doesn't appear that anything was disturbed. Just the rear end / transmission issue.

The other thing that really left me steaming is that the towing company never even apologized and they were extremely beligerent over the phone when I was trying to get my car back that they TOOK!
 
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sbbamafan said:
There is no visible damage and it doesn't appear that anything was disturbed. Just the rear end / transmission issue.

The other thing that really left me steaming is that the towing company never even apologized and they were extremely beligerent over the phone when I was trying to get my car back that they TOOK!

What is wrong with yor rear end/transmission? That cop is just a jackass.

You are probably screwed by this whole matter. I doubt that you could do much unless you can find that they damaged your 4runner.

Good luck.
 
What you do is you SUE THEM!

You sue them for everything under the sun and them some! :mad:

You have everything that happened documented.

You have your T4R inspected to ANY issues (not just those that might have happened because of the improper towing.

You HIGHER a Lawyer (having a "friend" who is one does NOTHING for you unless they are Officially working for you).

You collect all the eyewitness data (people in the area, the cop, the surveillance tape, etc).

And just to be thourgh, you sue the Police Department as well!

:mad:
 
You can exact some retribution but it will take considerable effort. It depends on how mad you are.

At least things are a little better than they were until just recently. In the past towing companies were regulated by the Feds but the Republicans had defunded the regulatory agency so there was no one in practice to enforce the rules and the towing companies could do pretty much whatever they liked.

Within the past year or two the feds passed a law returning control of towing companies to local governments.

First you need to preserve that security tape that shows you were legally parked and for how long. Then you need to start gathering all the other information - what local agency regulates towing companies, who can give authorization to tow from that lot etc.

Where I live, Los Angeles County, they have recently amended the rules to require that towing companies get written authorization from an agent for the property before towing a vehicle. This was done expressly to stop what happened to you - which is called "predatory towing".

You need to contact your city councilperson or whatever there is in Atlanta and see if you can get any help there.

Perhaps you can put the towing company in fear of losing their license and thus get an apology and compensation. The towing company will of course say that there was no damage so no need for monetary compensation to which you reply that it is part of the apology and will help you decide if you are going to make it a life mission to see that they lose their license.

The most cost effective thing to do though is to just forget about it.
 
Is it a 2WD or 4WD? 4WD needs to be flat bedded or dollied. How far was it towed, from place parked to the yard? Only thing I can think of is have the dealer take a look at your drivetrain.
 
I can't help ya on the legal end as I'm no lawyer BUT:

1. Is your 4runner a v8 with Full Time 4WD?

If no then No biggie
If your answer is YES
Then Do the following:

A. Get a written document from the tow company that states that your 4runner was towed by the two wheels out of the spot. This will guarantee that if you encounter any transmission/transfer case/gears damages the improper towing would be at fault causing them to pay for damages.
B. Get the vehicle inspected at the Toyota Dealership
C. Have the tow yard PAY for the inspection
D. The inspection should include complete inspection of the tranny/trasnfer case/both diffs. Have them drain the oil to inspect the oil for chips in the gears. If the Toyota dealership wants to go the extra mile, have them pull both differentials to inspect the teeth. Do the same for the transfer case and pull the transmission oil pan to inspect the base of the tranny.
E. Any and all damages found during or after the inspection for the lifetime or atleast during the duration of your warranty should be covered by the Tow company.

Sorry to hear the bad news but just some food for though. Towing a full time 4wd system in 2wd is just asking for trouble. Most tow drivers won't know the difference.

Good luck
 
Contact your Sealer and find out if your vehicle needs to be inspected because of the way it was towed. If so, send a certified letter to the tow company stating that the Stealer advised you to have it inspected and that you will be forwarding the bill to them. If no damage you pretty much have to bite the bullet. The only other thing you could do is show some monies lost because of the time lost by having to wait for the vehicle being returned and file a small claims suite. You will need to show a loss of time that cost you money. Other wise let it go and be on your way.

Koz
 
Check the BBB (Better Business Bureu) for the Tow Company if they have previous issues. If not (or if there is), make a report.
 
As dcampen sort of mentioned, you'll first have to find out if the towing company has any sort of agreement with the building/lot owner where you parked. If they've got some sort of blanket agreement, like when you see those signs that say "Private Parking - Violators Will Be Towed By (so-and-so Towing)." If they had the right to be there, you'll have an uphill battle even though they screwed up. I'll bet the police officer assumed this was the case, but he did a pretty crappy job of explaining that and his attitude about the weather and the nature of the call didn't help.

On the other hand, if this towing company had no right at all to be there, I'd make an appointment to take the video to a police commander (somebody in charge of the precinct or area/division, like a Captain or Commander) and calmly discuss whether or not anything criminal actually took place. I agree that it's absurd to think that with a tow truck you can do anything to any car.

You'll also have to prove something was damaged. That might be difficult, too. I don't know if I'd have a dealer disassemble everything as posted earlier. If you go as far as removing and inspecting gears, then you'll have no future recourse. If all that is done and the truck gets a clean bill of health today, then there's no way you can argue that a problem a month from now is related to the botched towing job. Talk to your dealer, and maybe even Toyota corporate, and find out what should be inspected and what might have been damaged. I'm sure this isn't the first time an SUV was towed improperly, so I'll bet there's a known list of things to check. I'd also be afraid of the dealer doing unnecessary work... what says they'll put it back together correctly?!

The situation completely sucks, and I'm sure the most upsetting part is somebody did something that drastic to your truck (new or not). But like others have said, you'll have to see how much damage has really be done to see if it's worth pursuing legal action.
 
If the truck picks up on one side and uses dollys on the other your truck was probably fine. But no telling how it was handled/damaged once the towing company found out they weren't getting paid for their time and gas.

Find out the exact agreement the building owner has with the towing company, how towing is initiated. Make sure you were illegally towed and have a case.



Call a few dealers and speak with the service department head. Ask them about damaged caused by towing, and possible inspections/pre-cautions after towing. I'm sure they have dealt with it before, and can offer advice.
 
You sir have a law suite on your hands for 2 diffrent people.

1) the tow company for illegaly taking your vehicle without your permission since it was not violating any laws.

2) the company that it owned the business or parking lot. No tow truck can come on to private property and tow any vehicle it wants, the owner of someone in charge has to autherize it, and sign the reciept for it to be towed.

What i would do if find out who autherized this, and why. Then go after their ass and the tow company. You can sue for lost wages, like if you had some other business to do that you couldnt do since your vehicle was gone, and you lost money on it.
 
Where did this happen? I live in Atlanta & work in midtown & I want to make sure I avoid this location at all costs.

Also, what is the name of the towing company?
 
Jay said:
You sir have a law suite on your hands for 2 diffrent people.

1) the tow company for illegaly taking your vehicle without your permission since it was not violating any laws.

2) the company that it owned the business or parking lot. No tow truck can come on to private property and tow any vehicle it wants, the owner of someone in charge has to autherize it, and sign the reciept for it to be towed.

What i would do if find out who autherized this, and why. Then go after their ass and the tow company. You can sue for lost wages, like if you had some other business to do that you couldnt do since your vehicle was gone, and you lost money on it.

And after you pay all attorney fees, you will wind up with nothing... That's the problem today, everybody is suing over everything and only the lawyers are getting rich, and the one who wins the battle is the one with the best lawyer.

Take some of the advice offered previously...
1) Have you car inspected by Toyota - tell them it was towed without your permission (this should take about 20 minutes).
2) Talk to your client and find out who authorized the tow. Someone had to make the call to say that the vehicle was parked illegally (that's not up to the towing company to decide - that is the property owner's responsibility). If they can't find out, talk to you boss about taking your business elsewhere because they lack proper communications skills to be an added value to your business... Phone records are kept, and the towing company will have a record of who called them.
3) If the tow was done without approval from the property owner, you can discuss with your client about fining the tow company (the owner pays money for the towing service). And you can contact the local news stations about the way this towing company is seeking to increase revenues by towing cars without authorization.

I have not had this situation, but I have had issues with contractors. Rather than suing them and getting into court battles, I have talked with the press about these bad business practices... 1 of the contractors I had big problems with lost his business and ended up paying steep fines because the press dug a lot deeper than I could have... The other contractor called me up after the story aired and offered to fix all of the issues if I would call the press to do a follow up story...
 
boston_kevin said:
And after you pay all attorney fees, you will wind up with nothing... That's the problem today, everybody is suing over everything and only the lawyers are getting rich, and the one who wins the battle is the one with the best lawyer.

Take some of the advice offered previously...
1) Have you car inspected by Toyota - tell them it was towed without your permission (this should take about 20 minutes).
2) Talk to your client and find out who authorized the tow. Someone had to make the call to say that the vehicle was parked illegally (that's not up to the towing company to decide - that is the property owner's responsibility). If they can't find out, talk to you boss about taking your business elsewhere because they lack proper communications skills to be an added value to your business... Phone records are kept, and the towing company will have a record of who called them.
3) If the tow was done without approval from the property owner, you can discuss with your client about fining the tow company (the owner pays money for the towing service). And you can contact the local news stations about the way this towing company is seeking to increase revenues by towing cars without authorization.

I have not had this situation, but I have had issues with contractors. Rather than suing them and getting into court battles, I have talked with the press about these bad business practices... 1 of the contractors I had big problems with lost his business and ended up paying steep fines because the press dug a lot deeper than I could have... The other contractor called me up after the story aired and offered to fix all of the issues if I would call the press to do a follow up story...


Fining the tow company? If im correct, no one is going to pay you if you come to them and say, "Hey, you owe me a fine". They will throw the finger in your face and walk off while you stand there with your hand open. To enforce a fine, you need a lawyer, and a good cause behind it. And if you think the person sueing doesnt get any money, and only the lawyer does, then you need to find a new lawyer, cuz your getting ripped off.
 
Jay said:
Fining the tow company? If im correct, no one is going to pay you if you come to them and say, "Hey, you owe me a fine". They will throw the finger in your face and walk off while you stand there with your hand open. To enforce a fine, you need a lawyer, and a good cause behind it. And if you think the person sueing doesnt get any money, and only the lawyer does, then you need to find a new lawyer, cuz your getting ripped off.

Jay - did I say ask the towing company for money??? The owner of the property can fine the towing company for illegal towing (if they did so without authorization - unless they also own the towing company). And by the way, if they owe you a fine, does that mean you have to pay them for towing your car?? Nope... The victim of the tow cannot do anything about getting money back unless the owner of the property (who has the contract) fines the company (towing in violation of the contract). And if you lose, you not only have attorney fees, but court costs and lost wages to contend with as well.

I hate lawyers, I hate the press but when you sue someone, they can recoup their losses by increasing their costs to the consumer... If you go to the press, and you have a valid story/reason you cut them off at the knees... They can't recoup their costs because they lose their customer base and they are often forced out of business due to poor business practices. For me, gaining a couple of grand for a questionable lawsuit is not nearly as satisfying as forcing good business practices.
 
boston_kevin said:
They can't recoup their costs because they lose their customer base and they are often forced out of business due to poor business practices. For me, gaining a couple of grand for a questionable lawsuit is not nearly as satisfying as forcing good business practices.
:iagree:
 
Everything seemed ok. I decided it wasn't really worth the fight if no harm was done (other than wasting a few hours of my time) so I just let it slide.
 
Yeah, Where I used to work I saw alot of that with a particular Towing Company, certain buildings have contracts with towing companies and these tow truck drivers actually "patrol" looking for cars to hook up.
Alot of these cars actually have the building decal on the car or permit still in the window but are towed because "out of stall" or some other BS.
Civil action against the Building Manager who called them and who made the contract and against the towing company are the "victims" only option here in Hawaii, but sadly most people decide fighting it in court to recoup the few hundred dollars spent to get the car back, feel it would cost too much in time and effort.
Thats exactly what the Towing Companies hope for.
Try the Better Business Bureau (BBB) and file a complaint.
We also have a thing called Action Line on one of the news channels that broadcast dirty business practices, especially if the shady business has complaints on file with BBB.
Dont give up, you can still stick it to them..I hate those types of Tow Companies! Best of luck!
 
Were there signs anywhere on the lot stating unauthorized vehicles will be towed at owners expense?

Being as you were in a vendor/service parking area, your Runner might not have fit the normal vendor/service description. Although I agree you shouldn't have been towed, the tow truck may have thought you were just a normal car parked there unauthorized.

Do any of the employees at this building have stickers designating them as allowed to park in the lot? If so, you may not have had the proper tag displayed to the tow truck.

Unfornately its probably not up to the manager who is towed and who is not. many building/lot owners will contract with the towing company to tow any vehicle that appears to be unauthorized. In that case, nobody has to call you in, or give them permission, the permission was granted in the contract that was negotiated with the building/lot owner.

However you were a vendor and indeed parked in the right, your vehicle may not have appeared so and thus got towed. If you had no markings that would indicate you as service or vendor, then the tow company is techinically in the right.

Unfortunately the cop was in the right if this is the case, his hands are tied in what he can do in that situation. The Cop appears to have handled the situation improperly, but cops are not known for customer service friendliness.

I don't mean to sound as though I'm siding with the cop or the tow truck company as I am not, their ways are very unethical. I live in a college town where the campus parking is suffering a major lack there of and this is a daily occurance around many of the parking lots/businesses in the general vicinity of campus.
 

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