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View Full Version : OT: truck tow..OMGosh!


CarlosContreros
08-17-2011, 01:39 PM
I'm an over-the-road truck driver....I move people all over the
country.
Recently came home after being out for 35 days straight..it's not my
truck and I didn't have a parking spot but I knew of a location where
guys would park truck for free if they had work done by the
mechanics at this location.

Well...I didn't have a number of this business and didn't really know it's
name but I got in late on a Friday night(2am) and parked my truck there.

While parking..before leaving..I searched for a phone contact and couldn't
find one..or even a business name but I still felt secure on returning the next
morning to discuss repair and arrangements.

Bad move on my part...while returning to location I could swear I saw my
tractor/trailer heading in opposite direction?....huh?...yep!
They had it towed!
I explained to the owner my truck would need probably $5K worth of repair
in the coming months and I had planned to give him all the biz.
And..my tractor was seriously leaking coolant and could possibly(if
the sensor should malfunction) blow up if the driver wasnt aware!

Long story short....$1600. to get truck back even though it wasnt
even towed(it was driven)...and the location where I parked my truck
had exactly zero/none/zilch/nada "no parking/will be towed signs"

I left it there a matter of hours..for much needed work...is there
any recourse for me?
They picked up the truck Saturday morning and I couldn't get
the cash until Monday morning.
And when I asked if the recover driver had an A license to drive
a big truck(wreckers just require a lesser B license)or if the guy
was licensed for hazmat material..which I am and sometimes haul
along with refrigerated pharmaceuticals..the answer I received was
if I didnt quit giving attitude they would require owner to get
truck back. Of course..that would add insult to injury as he lives
a 500 mile round-trip away.
Is this just a loss...anything to try and get some cash back?
I could understand maybe $500..but $1600!..when it wasnt even towed.
How can these people just "break-in" to someone's vehicle and
drive off?
Also..the company I'm with has a phone number listed in 4 different
spots on the trailer..in English..big and easy to read.

weiwentg
08-17-2011, 01:44 PM
I would talk to the owner of the business. If he didn't do anything for you, I'd boycott his place. And two years later I'd play some practical joke (you decide how severe) on either the business or the towing company or both. Sounds like you're SOL otherwise.

CarlosContreros
08-17-2011, 01:51 PM
I would talk to the owner of the business. If he didn't do anything for you, I'd boycott his place. And two years later I'd play some practical joke (you decide how severe) on either the business or the towing company or both. Sounds like you're SOL otherwise.

Yes..I talked to the owner...I asked wt heck I was going to have you
do work..he then smugly answered that this issue was now between
me and the tow company.
And with his fat-ass...hair-lip lisp he mentioned he could work on
my truck on Monday....HA!!!

Do you think I would possibly give you biz now??
How less than smart can someone be??

I could understand if I left it there for a weekend..but this thing was broke and needed to be fixed!

sc53
08-17-2011, 02:14 PM
You need to file a police report for someone stealing your truck and driving it off! Then file a lawsuit for all the damages. If there were no signs posted, how were you in violation of anything? Is there a city/county ordinance prohibiting the parking of big rigs on that street? For $1600 I'd do something rather than just suck it up.

AngryScientist
08-17-2011, 02:31 PM
You need to file a police report for someone stealing your truck and driving it off! Then file a lawsuit for all the damages. If there were no signs posted, how were you in violation of anything? Is there a city/county ordinance prohibiting the parking of big rigs on that street? For $1600 I'd do something rather than just suck it up.

i would probably do something like this. turn it back on them, dont take this sitting down, it sounds like they are just taking advantage of you because they think you will blow it off. good luck and keep us posted.

goonster
08-17-2011, 02:33 PM
How big a kickback does the shop owner get from the towing co.?

This is outrageous. If it were some other private lot that would be one thing, but a service shop should expect vehicles to be dropped off for unscheduled service. That's my understanding anyway. I've had vehicles dropped off at shops unannounced numerous times. If they were towed before I could contact the shop in a reasonable amount of time, I'd be royally peeved.

No idea what the legal situation is, but since they didn't tow it there is a chance that it is theft, and I would not be afraid to contact the police. If you have an invoice that says "towing", that may be fraud.

Your best recourse might be to share the story and name names. Don't embellish and make sure it is factual. I'd want to know if a shop is in the habit of doing this, before leaving a vehicle there for service.

SamIAm
08-17-2011, 02:41 PM
This just sounds so crooked. Don't let them get away with it. Where did it happen?

CarlosContreros
08-17-2011, 03:33 PM
This just sounds so crooked. Don't let them get away with it. Where did it happen?

South Daytona, Fl.
Just right on the Daytona Beach border....yeah..I'm pretty upset!

It is such a spartan life...and it's not a job it's a lifestyle!

You have no life..and to give up everything you love(like my family
and my Merckx and S2000).. to make a living....

I filed against the shop owner and tow company with Florida
Consumer Affairs..now going to address BBB and then discuss
with someone a small claims suit.

C'mon..the truck needed repair..I wasnt parking it there for
the weekend...I would even understand a tow fee..like $400.
but 4X that is just unacceptable...
and last thing I need is to do some kind of retribution and either
get arrested or shot!

SamIAm
08-17-2011, 03:47 PM
South Daytona, Fl.
Just right on the Daytona Beach border....yeah..I'm pretty upset!

It is such a spartan life...and it's not a job it's a lifestyle!

You have no life..and to give up everything you love(like my family
and my Merckx and S2000).. to make a living....

I filed against the shop owner and tow company with Florida
Consumer Affairs..now going to address BBB and then discuss
with someone a small claims suit.

C'mon..the truck needed repair..I wasnt parking it there for
the weekend...I would even understand a tow fee..like $400.
but 4X that is just unacceptable...
and last thing I need is to do some kind of retribution and either
get arrested or shot!


They need to know you are serious, that you will follow through and their liability could be greater than just the $1600 currently on the table. They are probably used to the empty threats of legal action from previous victims.

jimcav
08-17-2011, 04:53 PM
but can the truck's owner (it is not yours--were you under contract or such?) also get involved and report the theft? also i'd say take pics of that place with a date stamp or newspaper etc to show they have no signs about parking--be great if next weekend they have trucks parked where you were!
yours is a thankless job, but it is how so much of our economy moves, hope you can at least enjoy seeing the various parts of this great country.
jim

bart998
08-17-2011, 05:57 PM
there usually has to be an intent to permanently deprive... This doesn't qualify since the vehicle was made available to you (for a fee of course). Tow companies can open vehicles they have taken possession of and move (drive) them as necessary, but are liable for any damage. A property owner can tow vehicles off private property. Most states require signage stating non-customer vehicles will be towed for lots open to the public, i.e. shopping centers, malls, restaurants, etc. Check for Florida specific laws, you might have civil recourse available. If a sign is required, go take photos before he puts them up... California requires a sign by each driveway.


(***disclaimer*** based on my experience in California only, YMMV)

William
08-17-2011, 06:09 PM
there usually has to be an intent to permanently deprive... This doesn't qualify since the vehicle was made available to you (for a fee of course).


Sounds like a form of extortion. :rolleyes:



William

Kevan
08-17-2011, 06:59 PM
Two things to consider: return to the scene of the crime, and avoiding confrontation or trespass, take as many pictures as possible proving there are no such tow-away signs. Next, call the local TV news investigator reporter and have them confront the both businesses. You might not want to do the latter if you're pursuing legal action. But boy...wouldn't be fun to see them squirm.

Give'm hell.

1happygirl
08-17-2011, 08:08 PM
Good luck!!!
I was charged after an accident (or rather my insurance was charged) $755.00 to be towed 1.5 miles. When I tried to report and asked my insurance company they said they just pay 'cuz the tow companies know this and I would get nowhere fighting /reporting it. This advice from my insurance company. They just paid up.
Please keep us posted.