need e-lawyering

Zarcath · 08-27-2007, 03:18 AM

Okay so I parked my car in a private lot and went to a place next door. I come out at 10:43pm and walk back to the parking lot and I notice my car is gone, infact, someone else is parked in my spot. So i look around and I see the towing shit sign. No parking from 10:30pm to 4:30am. Okay.

So I call up the towing company and they say they only give a 5 minute leeway and i'm shit out of luck. I asked the guy who was in my space how long he was there and he said about 10 minutes.

My towing receipt claims that they arrived on scene at 10:39pm, hooked it up and towed it away by 10:43pm. The time they claimed they towed it off is the time I was walking towards my car, i would have noticed a fucking tow truck dragging my car off, but there was no such truck.

Now I don't know this other guy who says he was there for 10 minutes. i don't have his phone number and his testimony certainly wouldn't stand up in court, if he'd even testify. Even if this guy was lying to me and was only there for 5 minutes, it still would have overlapped the time in which my car should have fucking been there.

I admit I fucked up because I was trespassing, fine. But I think the towing company falsified their records. I want to get the surveillance footage (my car is within the fov) from the private owner and see if the time period matches up. If what they wrote on my receipt doesn't match up with the video, I'm going to take them to court for illegal business practices.

MY QUESTION IS - How do I go about getting the footage from this private business. Should I say I need evidence in a court contestion case? I don't think I need to involve a lawyer until I can prove the towing company falsified the timetable. AND is falsifying records something I can sue them over?

Malakriss · 08-27-2007, 04:07 AM

I don't believe that you can compel them to release the video footage without a lawyer involved, and probably not without starting some legal process against the towing company and then issuing subpeonas for evidence.

Bad news is, it might not matter what the video shows, since this problem arose from fault on your part. Even if you can get a case against them, as long as they towed you any time after 10:30pm, they'd be 100% in the clear. The driver could just claim his watch was off by a couple minutes, or their computer system was, or a host of other circumstances. Their 5 minute leeway is courtesy only and not bound by law, the sign clearly details the policy. By your own statement the receipt lists a 4 minute difference, whether it was really 10:26 and towed right at 10:30, you'd still be shit out of luck.

Regardless, the other guy won't do any good. Eye-witness accounts with exact times are typically unreliable, no one stares at a watch or a clock at every instance of the day. Anything that could corroborate their account you should just use as direct evidence anyways and forget the witness alltogether. So the only remote chance is the video, which you probably can't get ahold of since you were trespassing in their private lot to begin with. Hate to be the bearer of bad news, but you're probably screwed. Pay the fine and learn a lesson.

Aegdaien · 08-27-2007, 06:10 AM

You're screwed. Pay the impound fee. Tow truck drivers work on commission for things like this, so I can guarantee that as soon as 10:30pm hit they were towing everyone who didn't have a pass.

On the Friday before home football games here, you need to be out of the parking lots by 5:00pm. At 4:55pm there are about 10 tow trucks lined up and by the time it hits 5:15 20 cars are already gone.

Not to mention there's no way to prove definitively that they falsified any records. The place that you got towed from probably hired the tow trucks so they aren't going to be exactly helpful when it comes to acquiring the CCTV footage. Short of hiring a lawyer and filing suit against the tow truck company and apt complex (or whoever owns the lot), you're SOL. Pay the $85 and learn from it.

Eomer · 08-27-2007, 09:58 AM

Stop and consider how much your time is worth to you, compared to how much the fine/fee is. If it's $150 bucks, and you can't get them to drop it with less than 4 hours works on your part, why in the fuck would you even bother? If it's under $100, you've already wasted your time.

I know I know, principles and all that. In that case, get a lawyer and be prepared for thousands of dollars of bills.

Zarcath · 08-27-2007, 01:53 PM

it was a $156 dollars for my $10 meal.

I've had past dealings with this towing company and I wouldn't shed a tear if their complex were to burn to the ground. I parked in one of their parking lots on a Sunday, their sign said 9am-6pm $6. So I left it there most of the night, when i got back at 9 there was a ticket on my car saying that I owed them $65 for for an OVERTIME FEE. Their mother fucking sign doesn't say shit about that.

Kilivek2.0 · 08-27-2007, 01:59 PM

Why don't you just fucking park how you're supposed to that way they don't get the oppurtunity to fuck you all the time?

Better yet...start slashing their tires and fucking up their trucks so they go bankrupt.

Zarcath · 08-27-2007, 02:04 PM

I'm pretty sure I've mentioned how awful the parking situation is in Hawaii in the past. Our downtown meters have a maximum of 1 hour and a quarter only gets you 10 minutes. Most businesses that don't have corporate ties have 3-4 parking spaces available. My car's been broken into 3 times on public streets, and after the first time I've kept my car clean as shit. Makes me want to murder kittens.

Eomer · 08-27-2007, 02:09 PM

I can totally understand your frustration, although keep in mind that the lot owner and the tow truck company are probably separate entities. Depending on the situation, your ire might best be directed at one or the other.

My favorite though was when a local car lot company somehow misconfigured their auto-dialing system that asked people to pay up for their unpaid fines, and it called half the city at 3am. PR nightmare, they ended up cancelling millions of dollars worth of tickets I think. But at the same time, the half dozen or so parking tickets I've gotten, I've deserved. Except for the one where I got a ticket for parking too close to the intersection, that one pissed me off, cause it was like a foot too close. I happened to have a tape measure handy.

Kilivek2.0 · 08-27-2007, 02:39 PM

Quote:

Originally Posted by Zarcath

I'm pretty sure I've mentioned how awful the parking situation is in Hawaii in the past. Our downtown meters have a maximum of 1 hour and a quarter only gets you 10 minutes. Most businesses that don't have corporate ties have 3-4 parking spaces available. My car's been broken into 3 times on public streets, and after the first time I've kept my car clean as shit. Makes me want to murder kittens.

Ride a bike mang

Dabamf · 08-27-2007, 03:29 PM

Go to a university, park illegally overnight at a dorm's parking lot, wake up at 10am to find 2 tickets, one from 6:30am and the other from 8:30am, for $50 each. Proceed to firebomb the parking office.

They totally fuck you if you break their rules, so your only option is just not break them. It only takes one or two times to realize that getting anally raped is not worth a 2 minute run for fast food.

Eomer · 08-27-2007, 03:36 PM

Oh shit, you reminded me of a ticket I got at school once. It was 8 am, morning rush hour, and apparently the guy a couple cars up was paying in goddamn pennies. Because he'd been there for at least a minute or two before I was like "fuck this, I'm not waiting". I pulled out of the line and drove in through the exit. There's no gates or anything, I basically just drove by the ticket shack with it on my right instead of on my left. I had a parking pass, so I didn't need to buy a ticket. And it's not like there's cars streaming out of the lot at that time of day.

The fucking asshole in the ticket window got my plate and they gave me a ticket for entering the wrong way. Motherfuckers.

08-27-2007, 03:18 AM	#1 (permalink)
Zarcath Read Farmer Join Date: Jan 2004 Location: Hawaii Posts: 5,217 +19 Internets	need e-lawyering Okay so I parked my car in a private lot and went to a place next door. I come out at 10:43pm and walk back to the parking lot and I notice my car is gone, infact, someone else is parked in my spot. So i look around and I see the towing shit sign. No parking from 10:30pm to 4:30am. Okay. So I call up the towing company and they say they only give a 5 minute leeway and i'm shit out of luck. I asked the guy who was in my space how long he was there and he said about 10 minutes. My towing receipt claims that they arrived on scene at 10:39pm, hooked it up and towed it away by 10:43pm. The time they claimed they towed it off is the time I was walking towards my car, i would have noticed a fucking tow truck dragging my car off, but there was no such truck. Now I don't know this other guy who says he was there for 10 minutes. i don't have his phone number and his testimony certainly wouldn't stand up in court, if he'd even testify. Even if this guy was lying to me and was only there for 5 minutes, it still would have overlapped the time in which my car should have fucking been there. I admit I fucked up because I was trespassing, fine. But I think the towing company falsified their records. I want to get the surveillance footage (my car is within the fov) from the private owner and see if the time period matches up. If what they wrote on my receipt doesn't match up with the video, I'm going to take them to court for illegal business practices. MY QUESTION IS - How do I go about getting the footage from this private business. Should I say I need evidence in a court contestion case? I don't think I need to involve a lawyer until I can prove the towing company falsified the timetable. AND is falsifying records something I can sue them over?

08-27-2007, 04:07 AM	#2 (permalink)
Malakriss Your lack of intelligence is an insult to humanity. Get a fucking clue Join Date: May 2002 Location: Obviousville Posts: 2,765	I don't believe that you can compel them to release the video footage without a lawyer involved, and probably not without starting some legal process against the towing company and then issuing subpeonas for evidence. Bad news is, it might not matter what the video shows, since this problem arose from fault on your part. Even if you can get a case against them, as long as they towed you any time after 10:30pm, they'd be 100% in the clear. The driver could just claim his watch was off by a couple minutes, or their computer system was, or a host of other circumstances. Their 5 minute leeway is courtesy only and not bound by law, the sign clearly details the policy. By your own statement the receipt lists a 4 minute difference, whether it was really 10:26 and towed right at 10:30, you'd still be shit out of luck. Regardless, the other guy won't do any good. Eye-witness accounts with exact times are typically unreliable, no one stares at a watch or a clock at every instance of the day. Anything that could corroborate their account you should just use as direct evidence anyways and forget the witness alltogether. So the only remote chance is the video, which you probably can't get ahold of since you were trespassing in their private lot to begin with. Hate to be the bearer of bad news, but you're probably screwed. Pay the fine and learn a lesson. Last edited by Malakriss : 08-27-2007 at 04:09 AM.

08-27-2007, 01:53 PM	#5 (permalink)
Zarcath Read Farmer Join Date: Jan 2004 Location: Hawaii Posts: 5,217 +19 Internets	it was a $156 dollars for my $10 meal. I've had past dealings with this towing company and I wouldn't shed a tear if their complex were to burn to the ground. I parked in one of their parking lots on a Sunday, their sign said 9am-6pm $6. So I left it there most of the night, when i got back at 9 there was a ticket on my car saying that I owed them $65 for for an OVERTIME FEE. Their mother fucking sign doesn't say shit about that. Last edited by Zarcath : 08-27-2007 at 01:56 PM.

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08-27-2007, 06:10 AM	#3 (permalink)
Aegdaien Registered User Join Date: Nov 2002 Posts: 1,141 -6 Internets	You're screwed. Pay the impound fee. Tow truck drivers work on commission for things like this, so I can guarantee that as soon as 10:30pm hit they were towing everyone who didn't have a pass. On the Friday before home football games here, you need to be out of the parking lots by 5:00pm. At 4:55pm there are about 10 tow trucks lined up and by the time it hits 5:15 20 cars are already gone. Not to mention there's no way to prove definitively that they falsified any records. The place that you got towed from probably hired the tow trucks so they aren't going to be exactly helpful when it comes to acquiring the CCTV footage. Short of hiring a lawyer and filing suit against the tow truck company and apt complex (or whoever owns the lot), you're SOL. Pay the $85 and learn from it.

08-27-2007, 09:58 AM	#4 (permalink)
Eomer You mean I can change this? Neat! Join Date: Feb 2002 Posts: 9,810 +29 Internets	Stop and consider how much your time is worth to you, compared to how much the fine/fee is. If it's $150 bucks, and you can't get them to drop it with less than 4 hours works on your part, why in the fuck would you even bother? If it's under $100, you've already wasted your time. I know I know, principles and all that. In that case, get a lawyer and be prepared for thousands of dollars of bills.

08-27-2007, 01:59 PM	#6 (permalink)
Kilivek2.0 Banned Join Date: Jul 2007 Posts: 514 +0 Internets	Why don't you just fucking park how you're supposed to that way they don't get the oppurtunity to fuck you all the time? Better yet...start slashing their tires and fucking up their trucks so they go bankrupt.

08-27-2007, 02:04 PM	#7 (permalink)
Zarcath Read Farmer Join Date: Jan 2004 Location: Hawaii Posts: 5,217 +19 Internets	I'm pretty sure I've mentioned how awful the parking situation is in Hawaii in the past. Our downtown meters have a maximum of 1 hour and a quarter only gets you 10 minutes. Most businesses that don't have corporate ties have 3-4 parking spaces available. My car's been broken into 3 times on public streets, and after the first time I've kept my car clean as shit. Makes me want to murder kittens.

08-27-2007, 02:09 PM	#8 (permalink)
Eomer You mean I can change this? Neat! Join Date: Feb 2002 Posts: 9,810 +29 Internets	I can totally understand your frustration, although keep in mind that the lot owner and the tow truck company are probably separate entities. Depending on the situation, your ire might best be directed at one or the other. My favorite though was when a local car lot company somehow misconfigured their auto-dialing system that asked people to pay up for their unpaid fines, and it called half the city at 3am. PR nightmare, they ended up cancelling millions of dollars worth of tickets I think. But at the same time, the half dozen or so parking tickets I've gotten, I've deserved. Except for the one where I got a ticket for parking too close to the intersection, that one pissed me off, cause it was like a foot too close. I happened to have a tape measure handy.

08-27-2007, 03:29 PM	#10 (permalink)
Dabamf Registered User Join Date: Apr 2004 Posts: 1,797 +5 Internets	Go to a university, park illegally overnight at a dorm's parking lot, wake up at 10am to find 2 tickets, one from 6:30am and the other from 8:30am, for $50 each. Proceed to firebomb the parking office. They totally fuck you if you break their rules, so your only option is just not break them. It only takes one or two times to realize that getting anally raped is not worth a 2 minute run for fast food.

08-27-2007, 03:36 PM	#11 (permalink)
Eomer You mean I can change this? Neat! Join Date: Feb 2002 Posts: 9,810 +29 Internets	Oh shit, you reminded me of a ticket I got at school once. It was 8 am, morning rush hour, and apparently the guy a couple cars up was paying in goddamn pennies. Because he'd been there for at least a minute or two before I was like "fuck this, I'm not waiting". I pulled out of the line and drove in through the exit. There's no gates or anything, I basically just drove by the ticket shack with it on my right instead of on my left. I had a parking pass, so I didn't need to buy a ticket. And it's not like there's cars streaming out of the lot at that time of day. The fucking asshole in the ticket window got my plate and they gave me a ticket for entering the wrong way. Motherfuckers.