HOW IS THIS LEGAL!?

[PTK]

Okay, short version of the story:

My vehicle was towed because of "missing registration sticker(s)". My registration is up to date, but someone must have taken the sticker off of the plate. The towing company informed me that the vehicle is theirs 30 days from the towing date, or I can sign it over to them now for the wonderful privilege of getting my belongings (INCLUDING A RIFLE) out of the vehicle, or I can pay $794 + $27 for every day it's impounded.

So, folks - how is this legal? I'm in Colorado, IS this even legal for them to do? If so, is there a way to disable/destroy/kill the value of the vehicle legally before I sign it over? Is it worth taking them to small claims court?


What the heck should I do?  :|

[grislyatoms]

I drove a tow truck for an outfit that was contracted to do police tows. In Virginia, they cannot charge you more than $30 for a tow of that nature (well, that's how it was in the early 90's, anyway) unless they need to use a dolly or other special equipment.

There has got to be some kind of recourse, there. Sounds like the towing company is playing loose with the rules.

Call the state cops and see what they say. If they say the towing co. is in the wrong, request that a trooper meet you at the place.

[PTK]

Ok, the cops say that it's a civil matter, end of story. It was ordered by my apartment complex, NOT by any local, city, or state gov't. Not really sure if that's correct, since the woman I talked to seemed sort of lost about the whole thing, as well.

[Perd Hapley]

Okay, short version of the story:

My vehicle was towed because of "missing registration sticker(s)". My registration is up to date, but someone must have taken the sticker off of the plate.

Hey, I wonder who profits from taking the sticker? 

[grislyatoms]

Oh, different can of worms.

My apartment complex did the same thing to me awhile back, my tags expired and I didn't realize it. Stuck orange stickers all over my windows . They gave me three days to renew my tags. N/P there, I just ran down and renewed them.

Check your lease. There should be something in there about this. Unregistered/expired tags are considered "abandoned vehicles", so it would probably be under that section. Make sure they are playing by the rules.

Get an itemized bill from the tow company. $700+ for a tow is nonsense. See exactly what it is that cost so much.

Both are going to claim that they are in the right. You might need some legal help with this one. Some larger Universities have legal clinics.

[MikeB]

It's not uncommon for Apartment/House leases to specify no unregistered cars. It's to keep people from keeping junkers in the parking lot/driveway. You may even have signed a lease stating they could tow unregistered cars.

That said, I would think legally the apartment complex would need to do the due diligence to at least send a letter first, to verify said car is in fact not registered and isn't just missing the sticker. Unfortunately for you the only real quick resource you probably have is to pay the fees to get the car back and follow up with a law suit in small claims court to recover your money from the management company/people running the apartment complex who ordered your car towed.

[PTK]

Can do.. I'll read through my lease and on Monday I'll go get an itemized bill from the towing company. I simply cannot swing $800, not even a bit.

[Brrlgrrl]

I have had a few registration stickers stolen off my vehicles over the years.  Who benefits?  Well, the thief that stole the tags probably used them on their unregistered vehicles so they wouldn't get caught for not registering them.
Now I use a knife to cut a tic-tac-toe pattern into the sticker once it is applied to the plate.  If anyone tries to take the sticker, it would come off in small pieces and be obvious if they tried to reassemble it.

[Brad Johnson]

Another vote on reading your lease.  Chances are there is some kind of clause that tells what they will do and in what order, usually beginning with some kind of notification sticker.  If they didn't post the notification per the rules in the lease, you have them by the short hairs.

Also, do you register your vehicle with the apartment for some kind of parking sticker?  If so, they should have notified you before the tow.

You are a paying tenant who is legally parking on the property.  If you had no sticker and they thought it was abandoned they should have called the police, who would then impound the vehicle after placing the required notifications for the required amount of time (i.e. window stickers for 24 hours).  If the apartment had it towed as abandoned when it really wasn't, especially if they didn't take the time to properly notify you, then you may be able to really rake them over the coals becasue now you're into auto theft territory.  Add in a gun being involved and it becomes a federal thing.

Are you a college student?  If so, I bet your school has a student legal center that provides free services.

Brad

[grislyatoms]

Had another thought. Check with the motor vehicle department and see if there is a cap on towing fees. I bet there is. If they don't know, look it up in the Colorado state code.

[RocketMan]

It sounds like what is called a predatory towing company around here.  There is legislation making its way through in Oregon right now that would put an end to that practice.
It's really bad up Portland way.  There is one company that has, allegedly, just hooked cars up at random or on very flimsy excuses, and charged exorbitant amounts to recover vehicles from their impound.

[go_bang]

I see three possible options here.

1. Show your landlord your current car registration and kindly ask them to go get your car back so you don't have to involve lawyers.

2. Pay off the towing company, get your car back, and then sue the apartment complex for towing your registered vehicle.  Maybe sue the tow company too for extortion.

3. If you are not willing to pursue legal action or negotiations, and the car isn't worth what the tow company wants to reclaim it, go to the tow company with your title.  Tell them you need to get a few things out of the car.  Once you get your stuff, jack up the front and pull the drain plug.  After the oil is all out, fire up the engine and let it run until is siezes.  On your way out sign over the title, toss them the keys, and tell them to have a nice day.

[Azrael256]

It wouldn't surprise me if it were flat-out illegal altogether.

I've met a few tow companies that were honest folk.  They were the minority.

A buddy had a car stolen.  It showed up in a tow company's lot.  They're required to check with the PD on every tow.  They didn't.  We walked up and asked for the car, no dice.  They're allowed $50 for their trouble on a stolen car, but they wanted $800.

We called the PD and said we had found the stolen car.  PD got the car out, and the city is all over the company for this and many, many other illegal tows.

They're vultures, they're liars, and they're thieves.  I've met some reputable tow drivers, but they're about 1%.

[never_retreat]

Just get the ATF involved over the illegal trafficking of fire arms.

[never_retreat]

Or you could do what a friend of mine did on a pos car. Went down at night and torched it, showed up the next day to claim it. Ended up settling out of court because he claimed they destroyed his car.

[gunsmith]

I have had a few registration stickers stolen off my vehicles over the years.  Who benefits?  Well, the thief that stole the tags probably used them on their unregistered vehicles so they wouldn't get caught for not registering them.
Now I use a knife to cut a tic-tac-toe pattern into the sticker once it is applied to the plate.  If anyone tries to take the sticker, it would come off in small pieces and be obvious if they tried to reassemble it.

that's
 what I do, except I cut it into even smaller pieces.

In your situation, if you can prove your registration was up to date, I would use your rent money to pay!
& when they take you to court you prove your car was towed illegaly because of the actions of your apt complex.

plus, move out of that hellhole

[cassandra and sara's daddy]

the new stickers are made to make them very hard to remove in one piece

[Physics]

It wouldn't surprise me if it were flat-out illegal altogether.

I've met a few tow companies that were honest folk.  They were the minority.

A buddy had a car stolen.  It showed up in a tow company's lot.  They're required to check with the PD on every tow.  They didn't.  We walked up and asked for the car, no dice.  They're allowed $50 for their trouble on a stolen car, but they wanted $800.

We called the PD and said we had found the stolen car.  PD got the car out, and the city is all over the company for this and many, many other illegal tows.

They're vultures, they're liars, and they're thieves.  I've met some reputable tow drivers, but they're about 1%.

I got stuck with a $900 bill once, when a tow company sold my STOLEN car at auction.  They stuck me with storage fees when I didn't even know they had it. 

I ended up getting the car back from the guy who bought it from the tow company, after the cops pulled him out of the car at gunpoint.  I feel bad, he bought the car fair and square (or so he thought).  I sold the damn car to pay for the tow bill.   

[Sindawe]

PTK, this may be relevent:

Rates and charges for non-consensual tows.  Subject to the provisions of this paragraph, the
maximum rate that a towing carrier may charge for a non-consensual tow of a motor vehicle with
a GVWR of less than 10,000 pounds performed upon the authorization of the property owner is
$140.00.  Except as provided in paragraphs (b), (c), (e), (f), (g), (h), (i), and (j) of this rule, this
maximum rate shall include, but not be limited to, charges for the following:

Source: http://www.dora.state.co.us/puc/rules/723-6.pdf - pg 76

See also: http://www.dora.state.co.us/puc/trans/TransAboutRatesAuthSched.htm

[PTK]

They won't let me near my car without my signing it over to them. Is specifically that legal?

[CNYCacher]

Can someone explain how this is not theft?

[taurusowner]

I got stuck with a $900 bill once, when a tow company sold my STOLEN car at auction.  They stuck me with storage fees when I didn't even know they had it. 

I ended up getting the car back from the guy who bought it from the tow company, after the cops pulled him out of the car at gunpoint.  I feel bad, he bought the car fair and square (or so he thought).  I sold the damn car to pay for the tow bill.   

 

The owners/managers of companies like that should be jailed, and fined for many years upon release.

[grislyatoms]

Can someone explain how this is not theft?

If he gave them (apartment folks) the authority to do this by signing the lease, it's not theft. Really crappy way to treat folks, but not theft.

[cassandra and sara's daddy]

we had the same thing happen near here guy had the cops help recover his car  towing company is now under investigation

[PTK]

Can someone explain how this is not theft?

That's pretty much wtf I'm wondering right now.... I'm going to check my lease later tonight, I really don't want to deal with this.