Sunday, May 3, 2015

GOT TOWED? What are your rights? Very Rough Draft: Ideas only, I am not a lawyer. Input welcome


If your car gets towed! Your Rights Explained.  (I think Towing Companies should give out a rights form to anyone who gets towed.)
+++Notice:  I am not a lawyer and these are ideas/notes related to a good friend and relative being towed while picking up grandkids.  INPUT/suggestions are WELCOME.  

  1. Call the Police and report a stolen car. Follow their instructions.
  2. Look for signs posted by a Tow Company. Call the number on the poster.
  3. If the Tow Company took your car, As calmly as possible go into their office and pay the fee. Get the car back in your hands as soon as possible because every day they have the car, they are charging you additional fees.
  4. YOU HAVE THE RIGHT TO HAVE AN ITEMIZED INVOICE SENT TO YOUR EMAIL OR MAILED TO ANY ADDRESS YOU WISH.
  5. Did you get charged an annoyance fee? Look at the bill and/or credit card receipt – Were additional charges added because you were upset and/or agitated? Towing Companies have a history of adding additional fees if you upset someone in the office? (I HAVE BEEN TOLD BY POLICE THAT THE ANNOYANCE FEES CAN BE GREATER THAN THE TOWING CHARGE.) Get the car back into your possession before you file an online complaint or call and complain about the tow. (Or insist upon pictures, which they can find an annoyance and file additional Annoyance Fees.)
  6. Take Pictures of where the Car was parked when you have time. Write down the what, when and the difficulty caused by the towing of your vehicle. If you have any witnesses, write their names down. Think of people YOU WANT TO GO into the office with you to help represent you as you proceed throught this process. YOU HAVE THE RIGHT TO CHOOSE THE PERSON TO REPRESENT YOU or you can represent yourself. Retriever Towing says they will only deal with the owner but that is not legal. Your reprsentative must be respectful and the staff in the office must be safe. Do not use foul language or threats as you work through the process.
  7. DID THEY GIVE YOU PICTURES OF THE TOW? The company is legally obligated to give you the pictures. You paid for them – they are yours. (If they DO NOT give you the pictures when you pick up the car. File a complaint.) YOU CAN HAVE THE PICTURES SENT TO THE EMAIL YOU PUT ON THE COMPLAINT FORM OR SENT TO AN ADDRESS OF YOUR CHOOSING.
  8. COMPLAINT: Did they put additional Charges onto your card for filing a complaint? (Annoyance Fee) Call Your Credit Card Company and complain immediately about any additional charges that were added. (I had 2 police officers explain that predatory towing can also be excessive fees and Annoyance Fees.)
  9. CONTRACT: Does the Tow Company have a Contract with the company where you got towed? If they do have a valid contract, you have less rights but you still have rights.
  10. NO CONTRACT: Did a company without a valid contract (on the day of the tow) tow your car? That could well be considered Predatory Towing.
  11. DID THE TOW COMPANY ALLOW YOU TO HAVE YOUR CHOSEN REPRESENTATIVE WORK WITH YOU? They may say they will only work with the owner of the vehicle BUT LEGALLY, You are allowed to work with any person of your choosing.
  12. YOU DECIDE WHAT EMAIL AND PHONE NUMBER THEY MAY USE TO CONTACT YOU. This email and phone number may be your chosen representatives email and Phone Number. Did the tow company allow you to choose the email and phone number you will contact them with?
  13. Note how long it took to get a response to your complaint.
  14. Note how long it took to get an itemized receipt.
  15. Did you get hung up on, yelled at, screamed at or humiliated by officials in the Tow Company Office? This is not uncommon. Please make note of this if and when it occurs. Note the date and time of any of the above.
  16. Were you threatened with the Police being called to remove you from the Tow Company Property? Did the Police get called and what was the result. What was the result. If you talk to the police, ask them about your legal rights as well as the reputation of the company and the people who work for the towing company.
  17. Pictures: HOLD HARMLESS CLAUSE: If they insist that you sign a form which says the Tow Company will be HELD HARMLESS for you to receive the picture – THAT IS ILLEGAL UNDER THE 2007 State Law which governs Towing in Oregon. Sign the form but cross out the words HOLD HARMLESS. The form is not valid with those words in the form. ***If you know of anyone who signed the form without crossing out the words HOLD HARMLESS, they still have rights because the form is illegal. Honestly, The Towing Company needs to send out a letter informing all people who signed the form with HOLD HARMLESS that the form is illegal and they have every right to dispute the tow, charges and/or have their concerns addressed without an Annoyance Fee being added.
  18. PICTURES SHOULD BE SENT TO WHATEVER EMAIL OR ADDRESS YOU PUT IN THE COMPLAINT FORM.
  19. NOTORIZED FORMS: THE COMPANY SHOULD NOT BE REQUESTING NOTORIZED FORMS DAYS OR WEEKS AFTER THE TOW. If you are representing someone with their car, as long as the car owner put your email and/or phone number on the complaint sheet. You and the owner can work together in communicating with the Tow Company regarding the tow.
  20. YOU MUST GET A STATEMENT OF CHARGES at the time of paying the fee and getting the car. (Required by Law.)
  21. IF YOU DO NOT HAVE COMPUTER ACCESS, you have the right to ask for paper copies of the forms. If your printer will not print the form correctly, ask for a copy from trhe office.
  22. DISABLED: Were you unable to get to the office to resolve a dispute because of barriers or stairs? Retriever Towing must make allowances and/or ramps space because of your disability.
  23. ITEMIZED RECEIPT – How long did it take to get an itemized receipt? Did you request one at your email or did you ask to have it sent to address? You have the right to choose delivery of the receipt and which email you choose to have it sent too as well.
  24. WITHIN 3 DAYS: Take in a letter into the towing office asking for the pictures, itemized bill and asking questions you have about the tow. TOW COMPANIES TRY TO WAIT AND WAIT ONLINE so be ready to force the issue and time table. You have the right to have a representative take the paperwork in to the office for you. The initial letter is best within 2 days and plan of return trips into the towing companies place of business weekly until your issue is resolved.
  25. TAKING VIDEOS AT THE OFFICE: Start but stop when asked to stop
  26. IF THEY TELL YOU TO LEAVE: Leave

PHOTOS OF THE TOW: The words HOLD HARMLESS are illegal in Oregon. I suggest you cross out HOLD HARMLES and sign the form.

Retriever Towing, Portland, OR has a form to get pictures of the tow. 
I would suggest You  cross out THE  HOLD HARMLESS words and sign the form. The 2007 laws pertaining to towing make this form is illegal with HOLD HARMLESS on them.

You should get the pictures and itemized receipt as soon as you pay for them.  Grandma M paid for her pictures within 2 hours of the tow.  (In the Grandma M case, she has stilll not gotten the pictures or receipt and it is Day 10 since the tow.)  More on the Grandma M case later.

MY GOAL AT THIS TIME IS TO
1.  Get Retriever to not use this form or to take out the words HOLD HARMLESS FORM.
2.  To Have Retriever Towing write a letter to ALL CUSTOMERS WHO HAVE SIGNED THE FORM and tell them that they have the right to contest the tow, charges and business practices if they choose to do so.