Question about towing laws and disputing the tow
10-26-2011, 03:46 PM
#1
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Join Date: Sep 2011
Location: Ewa
Posts: 70
Car Info: 2011 wrx
Question about towing laws and disputing the tow
So at 2am my brothers car was illegally parked in front of my house (alii cove). I have no dispute that the car was illegally parked as it was on the road off my driveway due to having multiple cars over as a get together. I was up stairs and heard a truck outside so i ran downstairs and confronted the tow person as he was hooking up the tires. Asked him to stop hooking up the car but he continued. After a couple minutes of nagging, he told me to get my brother, half way running up the stairs he drives off.
- The car has my name on the registration but seeing as i gave the car to my brother i no longer have the keys to the car.
- Are the procedures universal for all towing companies or do they each have their own?
- According to this, http://stoptow.com/files/HONOLULU_MAGAZINE_June2011.pdf
can i be protected ---Under the revised law, if you show up while your vehicle is still “on the scene,” the tow truck
operator is required to unhook it, without charging you---
- i called the towing company any they basically said $270 cash only.
Sorry for the novel but damn the car towed used to be mine and i still have feelings for it. I have no problem paying and getting over this issue but if there was anything done wrong to me i would like to know.
- The car has my name on the registration but seeing as i gave the car to my brother i no longer have the keys to the car.
- Are the procedures universal for all towing companies or do they each have their own?
- According to this, http://stoptow.com/files/HONOLULU_MAGAZINE_June2011.pdf
can i be protected ---Under the revised law, if you show up while your vehicle is still “on the scene,” the tow truck
operator is required to unhook it, without charging you---
- i called the towing company any they basically said $270 cash only.
Sorry for the novel but damn the car towed used to be mine and i still have feelings for it. I have no problem paying and getting over this issue but if there was anything done wrong to me i would like to know.
10-26-2011, 04:16 PM
#2
hahaha that's my friend in the article about the harbor - ive seen tons of cars get snagged from that harbor..
good luck with the defense - i'll keep reading and see if there's anything i can suggest to help
*edit
your 'on the scene defense' should be cause for the driver to unhook - you're the named owner, doesnt matter who you let drive it (and no one needs to be named). the fact that he sent you off so he could leave is why tow truck drivers should be burned at the stake. if they cant be decent, civilized and instead work to make a quick buck. then f'k em.
oh, and call and quote Koki on the article as your defense - be civilized with the guy (he actually sounds like one of the few legit ones out there), see if you can get some good tips or proper wording to use when going to get your car. Just because they hooked it and took off while you're the owner who's shown up on the scene, doesn't mean they get to collect. Hell, someday I want to buy a tow truck, just to tow tow-trucks, impound the sob's and charge em whatever the f'k i want, make their lives living hell... this towing for the sake of towing business gets under my skin quite a bit.
good luck with the defense - i'll keep reading and see if there's anything i can suggest to help
*edit
your 'on the scene defense' should be cause for the driver to unhook - you're the named owner, doesnt matter who you let drive it (and no one needs to be named). the fact that he sent you off so he could leave is why tow truck drivers should be burned at the stake. if they cant be decent, civilized and instead work to make a quick buck. then f'k em.
oh, and call and quote Koki on the article as your defense - be civilized with the guy (he actually sounds like one of the few legit ones out there), see if you can get some good tips or proper wording to use when going to get your car. Just because they hooked it and took off while you're the owner who's shown up on the scene, doesn't mean they get to collect. Hell, someday I want to buy a tow truck, just to tow tow-trucks, impound the sob's and charge em whatever the f'k i want, make their lives living hell... this towing for the sake of towing business gets under my skin quite a bit.
- The car has my name on the registration but seeing as i gave the car to my brother i no longer have the keys to the car.
***DO NOT shoot yourself in the foot with this one. they dont need to know what or who or anything regarding the use of your car. The fact that you're the registered owner means you, are the registered owner. they should have dropped the car.***
- Are the procedures universal for all towing companies or do they each have their own?
*apparently the total amount is governed, based on mileage rates and flat fees
- According to this, http://stoptow.com/files/HONOLULU_MAGAZINE_June2011.pdf
can i be protected ---Under the revised law, if you show up while your vehicle is still “on the scene,” the tow truck
operator is required to unhook it, without charging you---
*Looks like Yes per the article
- i called the towing company any they basically said $270 cash only.
*Call the number at the end of your article as well
.
***DO NOT shoot yourself in the foot with this one. they dont need to know what or who or anything regarding the use of your car. The fact that you're the registered owner means you, are the registered owner. they should have dropped the car.***
- Are the procedures universal for all towing companies or do they each have their own?
*apparently the total amount is governed, based on mileage rates and flat fees
- According to this, http://stoptow.com/files/HONOLULU_MAGAZINE_June2011.pdf
can i be protected ---Under the revised law, if you show up while your vehicle is still “on the scene,” the tow truck
operator is required to unhook it, without charging you---
*Looks like Yes per the article
- i called the towing company any they basically said $270 cash only.
*Call the number at the end of your article as well
.
Last edited by tesh; 10-26-2011 at 04:35 PM.
10-26-2011, 04:43 PM
#4
as a follow up - i wonder if you can call the police (literally, 911) while at their front gate to say they stole your car under the guise of towing. they were supposed to drop it, as you, the owner showed up, and didn't. where is the line that constitutes theft by tow-truck?
10-26-2011, 05:13 PM
#5
When I lived in Hawaii I got towed a total of 3x in a course of 9 years. When I picked up my car(s) it was always cash only. Looking back I should have asked for a receipt on two of the tows because just maybe they are not reporting those tows to their company or even the government for tax purposes. But instead they are out getting drunk on my money.
10-26-2011, 05:59 PM
#6
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Thread Starter
Join Date: Sep 2011
Location: Ewa
Posts: 70
Car Info: 2011 wrx
as a follow up - i wonder if you can call the police (literally, 911) while at their front gate to say they stole your car under the guise of towing. they were supposed to drop it, as you, the owner showed up, and didn't. where is the line that constitutes theft by tow-truck?
it does seem the towing company did me wrong. This is going to the BBB right now and i will call 911
thanks for the advice brother
10-26-2011, 06:01 PM
#7
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Join Date: Sep 2011
Location: Ewa
Posts: 70
Car Info: 2011 wrx
When I lived in Hawaii I got towed a total of 3x in a course of 9 years. When I picked up my car(s) it was always cash only. Looking back I should have asked for a receipt on two of the tows because just maybe they are not reporting those tows to their company or even the government for tax purposes. But instead they are out getting drunk on my money.
10-26-2011, 06:18 PM
#8
yes good luck with them proving there was a justifiable reason to tow you - if it was just a parking infraction (IE blocking a driveway), that's what city PD is supposed to ticket you for. If it was a tow away zone (red strip specific) then there may be cause, but would have to release the car since you showed up).
'hookers' are the worst breed. I understand the need for towing; but most of them just do it for the sport of it, and act like a kid who was picked on too much in grade school lol
*edit*
in case this has to go to court or you have to prove anything to anyone of authority, take pictures of where the car was parked - dunno if you did any on the night of, but if not, take a 'full site' photo and mark out where each car was, be specific and have 'too much' like the makes of each car parked where, and write up a description of what happened that night, along with 'time stamps' of when, what happened. that will go a long way into proving you know what you were talking about.
'hookers' are the worst breed. I understand the need for towing; but most of them just do it for the sport of it, and act like a kid who was picked on too much in grade school lol
*edit*
in case this has to go to court or you have to prove anything to anyone of authority, take pictures of where the car was parked - dunno if you did any on the night of, but if not, take a 'full site' photo and mark out where each car was, be specific and have 'too much' like the makes of each car parked where, and write up a description of what happened that night, along with 'time stamps' of when, what happened. that will go a long way into proving you know what you were talking about.
Last edited by tesh; 10-26-2011 at 06:21 PM.
10-26-2011, 10:09 PM
#11
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Join Date: Sep 2011
Location: Ewa
Posts: 70
Car Info: 2011 wrx
*Update*
The BBB complaint was a go just waiting for the results of their inquiry into the company
The 911 call however was like very high wall that i could never climb over. Basically called and attempted to dispute the tow in a professional matter and by professional i mean calm, collect, and loaded with ammo. Officer said that my tow was input into the system as a "trespass tow" and they cannot touch anything about it. He then says its a civil issue between the towing company, my association, and me. The statute has no bearing with hpd when it is violated and it seams like it doesn't exist.
So my next step is to get in contact with my association and place my dispute with them. I have had experience with my association before and I have never won any disputes. For example, my family was billed $20 with "altering the image of the community" because one of our window curtains was a pocahontes curtain. I lost that dispute. Looks like the BBB is my last hope.
The BBB complaint was a go just waiting for the results of their inquiry into the company
The 911 call however was like very high wall that i could never climb over. Basically called and attempted to dispute the tow in a professional matter and by professional i mean calm, collect, and loaded with ammo. Officer said that my tow was input into the system as a "trespass tow" and they cannot touch anything about it. He then says its a civil issue between the towing company, my association, and me. The statute has no bearing with hpd when it is violated and it seams like it doesn't exist.
So my next step is to get in contact with my association and place my dispute with them. I have had experience with my association before and I have never won any disputes. For example, my family was billed $20 with "altering the image of the community" because one of our window curtains was a pocahontes curtain. I lost that dispute. Looks like the BBB is my last hope.
10-27-2011, 11:34 AM
#12
that assoc. sounds terrible - I'd demand to know the person who called you in for the parking job; you're due that piece of information, otherwise the truck was attempting a predatory un-provoked tow. the assoc. should tell you who made the call and at what time.
and still at the end of the day, as the owner, you showed up and they should have dropped it.
good luck man!
and still at the end of the day, as the owner, you showed up and they should have dropped it.
good luck man!
10-27-2011, 08:46 PM
#15
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Join Date: Sep 2011
Location: Ewa
Posts: 70
Car Info: 2011 wrx
ha im pretty sure my small soldiers curtain would dispute me to... on a side note, ive been directed to small claims court but i dont have the time to pursue this :/
This should be a sticky if anyone is having issues with their car being towed.
cheers
This should be a sticky if anyone is having issues with their car being towed.
cheers