Car illegally towed, so I claim. need help

HJB417

Senior member
Dec 31, 2000
763
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cliffnotes
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a person towed my car so a garbage truck from a private gargbage collection company can fit through an alley and pickup some trash, but my car was not on their property, though they claim that the way it was parked made it inaccessible for the garbage truck.

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I've been parking my car at the building where I work for the last couple of days. Thur morning my car was towed at the request of an employee of the realty company that owns the building adjacent to where I park. The employee claims that the way I parked my car made it inaccessible for trucks, vans, and other oversize vehichles. The employee also claimed that I was in the realty company's space and unless my car is touching the wall of the building where I work, I'm in the realty company's territory. Unfortunately, for the employee, the map but the city of boston property map tells a different story. The employee also claimed that rear of my car was at least, or around (forgot the exact phrase) off 2ft from the wall (it was parked at an angle). Using this and some math I tried to reproduce the situation on paper. I measured from wall to wall on both buildings and it came to 20.5ft. See Info Here. Using the 2ft, I'm still within my company's land. Move the towards their building by 1 foot, because no one parks with their car touching the brick wall, and I'm still within my buildings territory and not touching their property. I also have a coworker that saw my car and confirm that it was accessible for other cars (don't know about oversize vehichles) and was within our company's land.
Here's some more info. THe car was towed @ 6:15 am, there are 3 dumpsters in the alley on the realty company's side. There was a trash pickup scheduled for before 7am, and the use the really big garbage trucks. I'm still trying to find out from the gargbage company if they were able to get the trash that morning or not. So based on the info I have right now, what can/should I do? I paid to have my car removed from the tow place cuz I needed it for friday.

As for the 2nd link, the blackbox is my car, green is my company's land, and red is the realty's land. note how the realty company's building's wall is grooved, so the 20.5ft is the max, I didn't measure the min, but the 10.25ft for us doesn't change.
 

NikPreviousAcct

No Lifer
Aug 15, 2000
52,763
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Check the laws of your city. The only advice I can give you would be if you actually lived in my city because I know the laws here. But you don't. Have fun and good luck.
 

HJB417

Senior member
Dec 31, 2000
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Originally posted by: jagec
shouldn't you be telling THEM all this stuff?

employee hung up on me in middle of conversation, I tried calling the realtor's HQ on thur afternoon but I think they were closed (was on automated hold for 15min). I'll try on monday.
 

Wuffsunie

Platinum Member
May 4, 2002
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Find out the laws on towing in your area, then take them to small claims to recoup the costs of towing and then some.
 

oogabooga

Diamond Member
Jan 14, 2003
7,806
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don't be unreasonable in small claims though, or you'll look silly. Get the money from towing, and perhaps some hours for lost time to research, and come to court.

It sounds like you might have a case, so just take it up with the owner, and try to resolve this outside of court. Of course, you're likely to be telling what's very convincing for us, and they will have a story too. But i'm assuming they made no effort to have the car removed by simply asking you or seeking you inside the building, correct?

essentially, just paint yourself as a cooperative individual, who unfairly had his car towed, and would like to be reimbursed for the cost of it. If they are rude/refuse to deal outside court, take it to them.

Of course, i'm not from boston, and i'm no legal expert, so don't act on my words ;)
 

rahvin

Elite Member
Oct 10, 1999
8,475
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Originally posted by: Wuffsunie
Find out the laws on towing in your area, then take them to small claims to recoup the costs of towing and then some.

As an aside, a garbage truck or any vehicle can not exceed 8ft in width without wide load stickers, I'm not sure on the dimension but anything over 10 feet in width I believe requires a pilot car and anything exceeding around 12' requires TWO pilot cars (front and rear) to be on a public street. (this information should be easily verifiable with a review of your state code)

If the car was on private property you should have a slam dunk legal case against them, but don't think you are going to get them to pay it without suing them.
 

Iron Woode

Elite Member
Super Moderator
Oct 10, 1999
31,266
12,783
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If you want to make a big issue out of this, you could check out where the property line is and find out if you were really on the Realtor's land. If not, then they have a real problem now.

Also, why didn't you call the police? My friend had something similar happen to him and that was the first thing he did. They charged the property owner with theft and then ordered the impound yard to release the vehicle immediately.

The police can probably give you some good advice at this point. File a complaint so it is on record.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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if they had to go through your car chances are it's not private property but an easement that's attached.

Make sure you are not the idiot before you make a lawsuit though.
 

Bassyhead

Diamond Member
Nov 19, 2001
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Originally posted by: Iron Woode
If you want to make a big issue out of this, you could check out where the property line is and find out if you were really on the Realtor's land. If not, then they have a real problem now.

Also, why didn't you call the police? My friend had something similar happen to him and that was the first thing he did. They charged the property owner with theft and then ordered the impound yard to release the vehicle immediately.

The police can probably give you some good advice at this point. File a complaint so it is on record.

that sounds like good advice
 

Spencer278

Diamond Member
Oct 11, 2002
3,637
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If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.
 

UnoSigmaPi

Senior member
May 22, 2003
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Originally posted by: DrPizza
I'd file a report with the police...


Originally posted by: Spencer278
If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.

:thumbsup:
 

HJB417

Senior member
Dec 31, 2000
763
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Originally posted by: alkemyst
if they had to go through your car chances are it's not private property but an easement that's attached.

Make sure you are not the idiot before you make a lawsuit though.

A coworker told me about this yesterday, where can I go to find out if there's an easement or not?

Originally posted by: DrPizza
I'd file a report with the police...

I called the local preicient maybe 3 or 4 times on the day of the towing. Everytime I called I got a different response 1) go to small claims 2) was transferred to city hall 3) was transferred to some dept that verifies if a car was towed or not. I told them that it was illegally towed, and isn't that a crime, and isn't that what police do.. solve crimes. But they said I had to take it up w/ small claims.
 

HJB417

Senior member
Dec 31, 2000
763
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Originally posted by: Spencer278
If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.

It says this on both sides of the walls. But since I'm allowed to park on my side, which i was, I can't be towed.
 

HJB417

Senior member
Dec 31, 2000
763
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Originally posted by: Iron Woode
If you want to make a big issue out of this, you could check out where the property line is and find out if you were really on the Realtor's land. If not, then they have a real problem now.

Also, why didn't you call the police? My friend had something similar happen to him and that was the first thing he did. They charged the property owner with theft and then ordered the impound yard to release the vehicle immediately.

The police can probably give you some good advice at this point. File a complaint so it is on record.

Property line

property line
 

Jzero

Lifer
Oct 10, 1999
18,834
1
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Originally posted by: HJB417
Originally posted by: Spencer278
If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.

It says this on both sides of the walls. But since I'm allowed to park on my side, which i was, I can't be towed.

...

Were they municipal signs or privately placed?
 

HJB417

Senior member
Dec 31, 2000
763
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Originally posted by: Jzero
Originally posted by: HJB417
Originally posted by: Spencer278
If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.

It says this on both sides of the walls. But since I'm allowed to park on my side, which i was, I can't be towed.

...

Were they municipal signs or privately placed?

privately placed.
 

Thegonagle

Diamond Member
Jun 8, 2000
9,773
0
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Originally posted by: alkemyst
if they had to go through your car chances are it's not private property but an easement that's attached.

Make sure you are not the idiot before you make a lawsuit though.

I was thinking something along those lines. I mean, you're not allowed to block access to "services," be they public or private.

Welcome to the the big city, where nobody hesitates to have your car towed if it's in the way.

And the width of the alley at the narrowest point is the important thing here.

I'd seek the advice of a local attorney. Of course, that will probably cost more than the tow if they need to do any research, but it's the principal, right?
 

Spencer278

Diamond Member
Oct 11, 2002
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Originally posted by: HJB417
Originally posted by: Jzero
Originally posted by: HJB417
Originally posted by: Spencer278
If it doesn't say no parking will tow at owners expensce chance are you will win. Assuming there is no traffic law you where in violation like if there was a hydrante there.

It says this on both sides of the walls. But since I'm allowed to park on my side, which i was, I can't be towed.

...

Were they municipal signs or privately placed?

privately placed.

Then you should talk to the person that gave you premision to park there. You won't get any money from the towing companying because that sign gives them premision to tow any car they feel like. You also will not be able to get money from the complaining party because all they did was tell the towing company a car is parked in an area they are authoriazed to remove vichcels from.