View Full Version : Legal to tow your vehicle when there is no sighn???


cheferson
07-26-2008, 01:46 AM
Today i parked in a legal parking area near my work in narrgansett. It was marked 2 hour parking 8-4. Parked there at 230 , so should be all set. Today there was also a road race, top half of the street was clearly marked and cordoned off , no parking , thought i was in the clear parked east of post office parking lot. There were no, 0, not a single no parking sighn in the area i was, and every other parking spot filled. GO to work , where i cant use my cell phone because of an open kitchen. Get through a busy friday night, check my voice mail 11pm. Gansett pd saying i need to move my truck or it will be towed, message at 345. Run down and look and its gone!!!!! Wtf. Go to pd and ask why i was towed. Because you were blocking race. There were no sighns i tell her, she said it doesnt matter it was posted in the paper!??!? I dont read the gansett times i said, her- doesnt matter..... Got my release form and there was another guy fom warwick who was towed too. Was he supposed to buy the gansett times to see no parking in that area??? WTF?? :bs::lama::lama::lama:

luds
07-26-2008, 04:36 AM
wow. that sucks man.

cheferson
07-26-2008, 09:56 AM
:bsod::bs:Then this am i call and speak to the capt. Explain very nicely the situation. He says there was no parking there, i said there was no sighns, like a normal police department like newport would put up the day before. He then asked why i didnt answer the phone and how they waited 2 hours. Told him why i didnt answer the call. Then he says i was in 15 minute parking which is bs. Then he throws out i was parked 3 feet from the curb and was blocking the road, BS, i was parked within the painted white boxes on the road. Also parking 3 feet from the curb is a $35 ticket, wheres my ticket then?? Telling me well lesson learned, wtf??!! Cant argue with those that will make anything up to cover there ass. Call the tow company, only a tidy $125!! That is all

Thanks and goodnight
:bs:

BW from AZ
07-26-2008, 10:37 AM
Sounds like you were tagged as an out of towner and an easy mark.....:fury:

saltfly
07-26-2008, 11:07 AM
appeal the ticket in court and the tow fee?

Raven
07-26-2008, 11:20 AM
and write down everything that was said...
in the PD....

also,, and this is kind of anal (i know) a suggestion

but snap a digital photo when in doubt....

thats when a good pic is worth more than
a 1000 words or $125.00 bucks.

cheferson
07-26-2008, 01:13 PM
Got the truck from the impound lot , and the %$%$%$%$ing side view mirrow was scratched!! Then to top it off there was a $75 ticket for parking in a tow zone, even though 0 sighns say tow zone in the area. I also went to where i was parked to take photos and one of the parking sighns was taken out and laying on the ground, kinda shady!!!:exp::realmad:

cheferson
07-26-2008, 01:21 PM
Sounds like you were tagged as an out of towner and an easy mark.....:fury:

Im a local and have been for over 5 years:realmad: I have the other guys name who was parked next to me and also towed. Gonna see what there reason for towing him was. Im sure he was just as ripped as me.

Nebe
07-26-2008, 03:47 PM
time to lawyer up...

OLD GOAT
07-26-2008, 04:12 PM
Time to contact the Mayor and the local newspaper and write a letter to the editor and tell the local business close by that you won,t be doing business with them if your going to be getting tickets. I told an insurance company that i was going to cancel and low and behold it got all straitened out

justplugit
07-26-2008, 05:58 PM
Sorry to hear, that's not right. :doh:

Going to court is a PIA, lost wages and they will prolly hold your case till last of the day,

especially if you have a lawyer and someone with the same offense is there
without a lawyer. :(

Raven
07-27-2008, 07:21 AM
has a great point....

basswipe
07-27-2008, 08:13 AM
What OLD GOAT said.

A little public outcry goes a long way in these situations.Get a few people who were also towed to do the same thing.Hell before you know it there's a big controversy,it becomes a subject at a town meeting etc.

Swimmer
07-28-2008, 11:04 AM
Time to contact the Mayor and the local newspaper and write a letter to the editor and tell the local business close by that you won,t be doing business with them if your going to be getting tickets. I told an insurance company that i was going to cancel and low and behold it got all straitened out

Do this....it will get quicker results. Or small claims court.

RIROCKHOUND
07-29-2008, 11:33 AM
I agree.
Mayor, and maybe call/email the Times.
http://www.narragansetttimes.com/

cheferson
08-02-2008, 12:05 AM
to top it off the parking sighn i took photos of laying on the ground the day after i was towed . Is now up where i was parked, making the previously 2 hour parking to now 12 minute for the post office. Im sure they will say it was always there. But :rtfm::rtfm: I have photos!!! AHH AH AHHhhhhhh :lama:

Swimmer
08-02-2008, 07:25 AM
Let us know how you make out.

BillyBlanks
08-04-2008, 10:16 AM
Sorry to hear about it Chef. That's a real bummer. Gansett is beautiful, but parking can get hairy in the summer down there. I lived there for 4 years, I miss it. Are you going to take this to court? Is there any way you can, since you didn't get a ticket? Or maybe just cut your losses at $125 and save the hassle?

cheferson
08-04-2008, 11:44 AM
i got a $75 ticket, plead not guilty

cheferson
09-11-2008, 06:43 PM
I did what some people suggested and wrote a letter to the editor, they published it later that week. So i go to court tonight. I talk to judge, tell him my side and that i believe i was innocent, and the baileff butts in and says the captain wrote the ticket and wants to take this to trial. Great :hs:, guess the captain read it :). If i get a lawyer and am found innocent will the town have to pay for my lawyer??? Im beginning to think i should have just paid the $75 , even though im 100% right. Its gonna be grubby kitchen guy vs THE CAPTAIN .... ANy advice???

Nebe
09-11-2008, 07:10 PM
No need for a lawyer- just go and say there were no signs. What they did was beyond rediculous..

I read somewhere that the place you work at has had some issues about parking.... be careful that they dont make you a scape goat..

RIROCKHOUND
09-11-2008, 07:26 PM
I did what some people suggested and wrote a letter to the editor, they published it later that week. So i go to court tonight. I talk to judge, tell him my side and that i believe i was innocent, and the baileff butts in and says the captain wrote the ticket and wants to take this to trial. Great :hs:, guess the captain read it :). If i get a lawyer and am found innocent will the town have to pay for my lawyer??? Im beginning to think i should have just paid the $75 , even though im 100% right. Its gonna be grubby kitchen guy vs THE CAPTAIN .... ANy advice???

Wanna borrow MY captains bars (Arrgh! :smash:)

good luck Chef.
stick it to the man!

OLD GOAT
09-12-2008, 07:50 AM
A ticket by a captain doesn't make it any less wrong. IT WAS STILL AN ILEAGEL ACT. Shame on the captain trying to shove this down your throat. LET THE JUDGE KNOW WHAT YOU THINK AND LET THE NEWSPAPER KNOW WHEN YOUR GOING TO COURT. You could even put an add in the local paper telling everyone when the case is going to be heard. It just might be forgotten

BW from AZ
09-12-2008, 10:04 AM
to top it off the parking sighn i took photos of laying on the ground the day after i was towed . Is now up where i was parked, making the previously 2 hour parking to now 12 minute for the post office. Im sure they will say it was always there. But :rtfm::rtfm: I have photos!!! AHH AH AHHhhhhhh :lama:
Dont forget to ask for the cities sign maintenance records for that sign placement and its replacement. check the time and dates. they never do anything thats not in writing. your pic and their own documentation should do the trick. ask the court to have the city pay court costs. if you get a lawyer he should be included in your court costs.

Jimbo
09-12-2008, 10:40 AM
I'm no armchair lawyer, but something seems awfully wrong about this. How can the bailiff speak for the policeman wrote the ticket? I would think he would either have to be called to show up in court, or obviously knowing that Chef was going to court, would have showed up himself. I sat in municipal court with my wife after she witnessed an accident and several times the judge had the policeman who wrote the ticket summoned, they waited until he showed up, then both told their side to the judge, then the person who got the ticket could decide to take it to the next level and fight it, hope the judge at least reduced it, or just pay the fine.
Chef, I don't know that you need Clarence Darrow on your side if you have your photo's, plus if you can get those records BW from AZ suggested. Maybe there's one of those practices around you that you don't pay if they don't get the decision.

Nebe
09-12-2008, 11:15 AM
The resteraunt that Chef works at had some sort of parking issues with the town. I dont remember all of the details, but the resteraunt put up some signs that they didnt have permission for 'claiming' a bunch of parking spots that they did not have permission to use.. I have a hunch that if the police know that chef works at this resteraunt, they are going to hang hi out to dry and make an example out of him.. Dont forget that this is RI.. one of the most currupt states in the country and narragansett is high on the list of towns where many crooked politicians live. If these politicians knew that chef is tiptoeing through thier yards at night to go fishing, he will be looking at jail time.. :hihi: (joking)

cheferson
09-12-2008, 11:24 AM
Thanks for the advice guys. Nebe they dont know where i work, gonna keep that quiet. All that crap with my restaurant , is actually all Gilbane's ( the owner of all that property, we lease) doing. Im sure the police will go through their rolodex of reasons why i was towed, until they find one suitable for the judge. Im so aggrovated with all this.

Nebe
09-12-2008, 11:27 AM
Chef, trust me.. If they wanted to find out anything about you, they will know where you work.

Good luck.. I hope you kick their butts.. You were illegally towed.

cheferson
10-10-2008, 10:39 PM
FOund this today. Thanks Bill
What do you guys think??? I was not illegally parked? Even if i was how would it endanger public safety? What a pain in the ass!!!

Sec. 74-36. Towing of illegally parked vehicles.
(a) The chief of police, or his representative, shall have the authority to cause an illegally parked vehicle to be towed away by a licensed towing service to the premises operated by such service if in his opinion the public safety or residents of the town is or will be jeopardized. The applicable fine and all costs of towing and storage must be paid by the owner or operator of such vehicle before such vehicle is released.

Raven
10-11-2008, 06:08 AM
it's your duty to stand proud in self defense
if you feel you've been wronged.

try to remember that...and don't show your aggravation

gf2020
10-23-2008, 09:29 AM
How did the police department get your cell phone number?

cheferson
10-23-2008, 10:32 AM
my registration??

cheferson
11-20-2008, 07:44 PM
SO tonight was my trial for the parking in a tow zone ticket.They had me talk to the prosecutor first. I told him i shouldn't have been towed, he said i was illegally parked in 12 min Post office parking. I said ,nope i wasn't because there was no sign and i had pictures. He said they had pictures too. He offered to drop it to just $35 court fees, i said nope , i want a trial. Prosecutor talked to a few more defendants, then want to stairwell to talk to the police captain. He came out and called me in. They showed me their pictures that also showed no 12 min sign, heh. Then they tried to say i was still parked illegally because it was 2 hour parking. I said nope, i have my time card right here. That said i punched in at 2:07 and was a 100 ft walk from where i parked. They said it was still over 2 hours . I told them it wasn't because the 2 hr parking times were 9-4 and that i parked there qt 2:05. Then they tried to say that my truck was endangering the public and they could tow it any way. I told them of the town ordinance that said an officer could tow an ILLEGALLY parked car if it endanged the public, and that my car was legally parked. They said go sit down. I heard the prosecutor asking the captain what he wanted to do as the door shut. A minute later the proscutor came out looking pissed saying DISMISSED !!! Never even made it to the judge, because they had no case!! HAh hah !! No onto small claims to get my $125 tow fee back.:bshake:

cheferson
11-20-2008, 07:47 PM
Thanks to everyone for the advice and support. Especially to Toonoc (Bill L ) for finding the link to narragansett town ordinances!!!:buds:

Nebe
11-20-2008, 08:10 PM
Way to go Chef!! :jump:

:uhuh:

UserRemoved1
11-20-2008, 08:36 PM
I applaud you Chef! STICK IT TO THE MAN! WAY TO GO! :lm:

Way to go Chef!! :jump:

:uhuh:

Bill L
11-20-2008, 08:46 PM
Excellent Chef, thats the way to stick to your guns! Hope you get the tow fee back too :ss:

fishaholic18
11-21-2008, 05:52 AM
Good for you Chef...Don't take NO for an answer attitude...Nice...:claps::claps::claps:

Raven
11-21-2008, 06:15 AM
i'm proud of ya.. good job!

spence
11-21-2008, 06:30 AM
Nice work, that must feel good.

But I'd just let the tow drop and get on with your life. It's not worth the time, nor do I think it would be easy to get back. If I'm way off on this someone please say so.

-spence

PaulS
11-21-2008, 07:57 AM
Glad to hear that. I would have said that I wanted to talk to the judge and told him how the prosecuter repeatedly lied to you. I'd also write a letter to his supervisor.

cheferson
11-21-2008, 08:14 AM
But I'd just let the tow drop and get on with your life. It's not worth the time, nor do I think it would be easy to get back. If I'm way off on this someone please say so.

-spence

Why would i let the $125 go?? I did nothing wrong! Maybe after this they will post signs up when they want to close the road.
I'm gonna ask my lawyer for advice on it. Should be cut and dry. I was legally parked. They can only tow a car that is endangering the public ( road race) if its parked illegally. Ive wasted 4 hours of my time at court, and all the aggro the night i was towed. I want my $125. The dismissal of the parking in a tow zone should be more then enough in small claims.

spence
11-21-2008, 09:51 AM
But the city didn't fine you the 125, that was the fee charged by a company contracted to tow the vehicle. Seriously, you may just be wasting your time.

-spence

cheferson
11-21-2008, 10:05 AM
I'm not gonna go after the contracted tow operator, the town should pay. The town had my truck that was legally parked, towed illegally on the town polices orders. The town is liable , no?? A lot of towns citys have laws that if your towed , you can request a hearing within 24-48 hours of the tow. Im gonna look into it. No fish and only 4 work days, i have plenty of time. An extra $125 + would go a long way for me.

spence
11-21-2008, 10:23 AM
I'll be surprised if you get it, but more power to ya if you do :lama:

The problem is, for the town to pay you the $125 they'll have to take it out of a budget. This is a lot different than writing off a ticket that isn't real money until it's collected.

-spence

FishermanTim
11-21-2008, 11:56 AM
Heck, if you don't mind wasting the time, you could go after the towing charge as well as "pain and suffering", or just "inconvenience".
I would also check on the possibility of going after "treble damages"
(not hook-related:rollem:) but you'll probably just get back your towing cost. Then it will be a matter of WHEN you would receive the payment.

fishaholic18
11-21-2008, 03:09 PM
Go gettem Chef....I admire people who go thru all the BS to fight for their rights...More of us need to stop just letting sh!t go...:btu:

OLD GOAT
11-21-2008, 04:46 PM
When your wrong your wrong, BUT when your right your RIGHT. Go for the tow.Have your lawyer contact the police station for the tow money. When they come up with a story,have him askfor the certificate of insurance on file. If they don,t have one ,ASK WHY then insist on the tow money.

Swimmer
11-22-2008, 08:04 PM
Chef,
Find out who the claims person is for the municipality. Go to him first and show him the dismissed ticket and ask for the money. They may cut you a check. Most cities have a checkbook for claims like this and for potholes damage to cars and such. Way to go though. If he doesn't want to do that go to the newspapers and embarass them some more. Never would have happened where I work.. It is a shame that captain thinks he could tow your car like that. The arrogance he showed just coming to your ticket hearing to push for a guilty finding is incredible. It is beyond the pale as some might say. File a formal complaint with the chief and the city council. He should be slapped.

cheferson
11-22-2008, 11:36 PM
Swimmer the kicker is the captain even had the balls to say i called him a f---ing as-hole!! I told him no , after you gave me 3 bs reasons why i was towed and i explained why they weren't true then you told me lesson learned , I then said that was BULL SH_T!!! After all that they still were trying to tell me they could tow my car. I told them my car was illegally towed. The town ordinance states that an ILLEGALLY parked car can be towed if it endangers the public! I was 100% legally parked. Then to top it all off the prosecutor is trying to tell me how they had problems with parking and the owner of the building my corporation leases. I was like wtf??? That has absolutley nothing to do with me or my truck. I also told them how when newport has events/parades, they post no parking sighns 24+ hrs in advance. His responce, Well this aint newport, i said no %$%$%$%$!! lesson learned :)

UserRemoved1
11-23-2008, 04:47 AM
I think Swimmer is right, I think if you approached your local paper with this they would have a FIELD day with your story Chef. I'd do it if nothing more than to slap the slimey capt who thinks he's God. I bet they'd be running down the street to catch up to you waving a check too...

Nebe
11-23-2008, 07:28 AM
Then to top it all off the prosecutor is trying to tell me how they had problems with parking and the owner of the building my corporation leases.
I TOLD YOU SO!!!! Gansett is a very corrupt town.

Screw em and go for the jugular.

spence
11-23-2008, 08:22 AM
I think Swimmer is right, I think if you approached your local paper with this they would have a FIELD day with your story Chef. I'd do it if nothing more than to slap the slimey capt who thinks he's God. I bet they'd be running down the street to catch up to you waving a check too...

A field day? Wow, talk about a small town scandal :hee:

-spence

cheferson
11-23-2008, 08:47 AM
:devil::lurk:

Swimmer
11-23-2008, 12:02 PM
Why don't you go to court and try to swear out a criminal complaint for larceny of a motor vehicle against the captain?