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Man God

Member
Oct 25, 2017
38,301
Normally this place is too wild about calling the cops on them, but seriously, just ring up the police and see what they think.
 

Drek

Member
Oct 27, 2017
2,231
As others have said, file the report, notify the police of the whereabouts, etc..

You should also see about having a mechanic look at the car whenever you get it back.
 

Syriel

Banned
Dec 13, 2017
11,088
This was Tuesday. Is it too late to file?

File a report for theft (removal if car with no legal right to do so) and extortion (payment demand for return of car).

Local law always varies, but I have never heard of a jurisdiction where a vehicle can be towed from private property without the permission of the owner.

HOAs can generally tow from common areas, but not deeded parking or driveways. And tow companies generally have a form that identifies the person requesting the tow who has to claim the vehicle is illegally parked on their property. That is how they avoid liability.

If it was your driveway (if you are renting it is yours) then it is hard to see how someone else could have rights to tow. And the tow company should be bending over backwards, identifying that person (if they actually existed), and telling you to sue whoever it is.

The secrecy is very indicative of a tow scam.
 

Trup1aya

Literally a train safety expert
Member
Oct 25, 2017
21,324
This is bullshit. Your car was stolen and held for ransom. Report it as such.
 

gutter_trash

Banned
Oct 26, 2017
17,124
Montreal
File a report for theft (removal if car with no legal right to do so) and extortion (payment demand for return of car).

Local law always varies, but I have never heard of a jurisdiction where a vehicle can be towed from private property without the permission of the owner.

HOAs can generally tow from common areas, but not deeded parking or driveways. And tow companies generally have a form that identifies the person requesting the tow who has to claim the vehicle is illegally parked on their property. That is how they avoid liability.

If it was your driveway (if you are renting it is yours) then it is hard to see how someone else could have rights to tow. And the tow company should be bending over backwards, identifying that person (if they actually existed), and telling you to sue whoever it is.

The secrecy is very indicative of a tow scam.
so much this
 

NervousXtian

Member
Oct 27, 2017
2,503
Call the police and report it as stolen. Unless there's something you aren't telling us, then having a police report of the theft will help when you threaten to take them to court for stealing your car.
 

Froyo Love

Banned
Oct 28, 2017
1,503
This was Tuesday. Is it too late to file?
Despite what people in this thread are saying, don't file a stolen vehicle report. Your vehicle was illegally towed, not stolen, and misrepresenting the situation isn't going to help the police take you seriously. Report instead that your vehicle was illegally towed, and you have communications with the property owner/agents where they say they didn't authorize this tow. For reference, this is the relevant section of Georgia state law about towing.

The towers are absolutely trying to scam you out of $200. You can pay them and sue them in small claims to get your money back, you can get the police on your side to tell them to release the car, or you can convince the towers to release the car because you're not going to let this go and they'll eventually face a $2500 fine from the Department of Public Safety for predatory towing.

Edit: Since the currently HOA is either genuinely unassociated with this towing company or playing dumb for some stupid reason, maybe you should send them one more e-mail and tell them you're going to take down those towing signs they have nothing to do with.
 
OP
OP
Haze

Haze

Member
Oct 25, 2017
11,775
Detroit, MI
File a report for theft (removal if car with no legal right to do so) and extortion (payment demand for return of car).

Local law always varies, but I have never heard of a jurisdiction where a vehicle can be towed from private property without the permission of the owner.

HOAs can generally tow from common areas, but not deeded parking or driveways. And tow companies generally have a form that identifies the person requesting the tow who has to claim the vehicle is illegally parked on their property. That is how they avoid liability.

If it was your driveway (if you are renting it is yours) then it is hard to see how someone else could have rights to tow. And the tow company should be bending over backwards, identifying that person (if they actually existed), and telling you to sue whoever it is.

The secrecy is very indicative of a tow scam.
I just got off the phone with the towing company threatening to add them as a defendant on my filing and they revealed the party who ordered the towing request was the board of the neighborhood (didn't even know we had such a thing) so I know who to go after tho.

my new question is, why are there so many damn parties involved in my living situation.
 

Dahellisdat

The Fallen
Oct 25, 2017
253
Does your HOA have some kind of bullshit rule about not allowing cars to be parked in your driveway overnight or something? Do you have a garage? What the hell would their justification even be for this?
 

Envelope

Banned
Oct 25, 2017
896
Despite what people in this thread are saying, don't file a stolen vehicle report. Your vehicle was illegally towed, not stolen, and misrepresenting the situation isn't going to help the police take you seriously. Report instead that your vehicle was illegally towed, and you have communications with the property owner/agents where they say they didn't authorize this tow. For reference, this is the relevant section of Georgia state law about towing.

The towers are absolutely trying to scam you out of $200. You can pay them and sue them in small claims to get your money back, you can get the police on your side to tell them to release the car, or you can convince the towers to release the car because you're not going to let this go and they'll eventually face a $2500 fine from the Department of Public Safety for predatory towing.

Edit: Since the currently HOA is either genuinely unassociated with this towing company or playing dumb for some stupid reason, maybe you should send them one more e-mail and tell them you're going to take down those towing signs they have nothing to do with.
This is the way OP, don't give the scummy towing company an inch - it sounds like they are completely at fault, if the HOA is to be believed - although an HOA letting an unaffiliated towing company keep their signs posted around the property sounds completely unbelievable.
 

Syriel

Banned
Dec 13, 2017
11,088
Despite what people in this thread are saying, don't file a stolen vehicle report. Your vehicle was illegally towed, not stolen, and misrepresenting the situation isn't going to help the police take you seriously. Report instead that your vehicle was illegally towed, and you have communications with the property owner/agents where they say they didn't authorize this tow. For reference, this is the relevant section of Georgia state law about towing.

The towers are absolutely trying to scam you out of $200. You can pay them and sue them in small claims to get your money back, you can get the police on your side to tell them to release the car, or you can convince the towers to release the car because you're not going to let this go and they'll eventually face a $2500 fine from the Department of Public Safety for predatory towing.

Edit: Since the currently HOA is either genuinely unassociated with this towing company or playing dumb for some stupid reason, maybe you should send them one more e-mail and tell them you're going to take down those towing signs they have nothing to do with.

An illegal tow is theft. Nothing in the code you linked says otherwise.
 
OP
OP
Haze

Haze

Member
Oct 25, 2017
11,775
Detroit, MI
Does your HOA have some kind of bullshit rule about not allowing cars to be parked in your driveway overnight or something? Do you have a garage? What the hell would their justification even be for this?

To my knowledge there are no posted parking procedures and there certainly are none on the premises.

Obviously we can't park in front of fire hydrants or block someone else's driveway, but the day after, they also towed someone parked on the street in front of their own driveway
 

echoshifting

very salt heavy
The Fallen
Oct 25, 2017
14,697
The Negative Zone
To my knowledge there are no posted parking procedures and there certainly are none on the premises.

Obviously we can't park in front of fire hydrants or block someone else's driveway, but the day after, they also towed someone parked on the street in front of their own driveway

What about rules regarding vehicle appearance or type of vehicle? Not that this would be appropriate enforcement of such rules, just speculating.

In any case HOAs are the fucking worst
 

Baked Pigeon

Banned
Oct 27, 2017
7,087
Phoenix
I'm pretty sure it's not legal for them to tow your vehicle on private property. Just go down to the tow company and demand they release your vehicle or you will report them. This recently happened to a friend in an apartment complex and that's what he did. Arizona btw.
 
Nov 14, 2017
4,928
If it was taken from your property without your consent, tell the police. I don't see how this is anything other than theft.
 

Chaosblade

Resettlement Advisor
Member
Oct 25, 2017
6,589
HOAs often have policies about cars. If you don't drive it much it might have been reported as abandoned/unused/undrivable, and the HOA policy may give them authority to have a car towed under those circumstances. Especially if it looks like a clunker. Could have been reported by a neighbor if that's the case. My HOA has a vehicle policy like that but parking is communal and first come first serve rather than individual driveways, and the policy is probably only enforced if something is reported (because I've seen damaged/WIP cars sit in some distant parking spots for months at a time).

Doubt this helps at all, just throwing it out there as an idea of what might have happened.
 

Harbinger00

Member
Oct 27, 2017
1,753
HOAs often have policies about cars. If you don't drive it much it might have been reported as abandoned/unused/undrivable, and the HOA policy may give them authority to have a car towed under those circumstances. Especially if it looks like a clunker. Could have been reported by a neighbor if that's the case. My HOA has a vehicle policy like that but parking is communal and first come first serve rather than individual driveways, and the policy is probably only enforced if something is reported (because I've seen damaged/WIP cars sit in some distant parking spots for months at a time).

Doubt this helps at all, just throwing it out there as an idea of what might have happened.

my HOA has similar rules, but here they have to clearly post on the car that it will be towed on a specific day if the problem is not dealt with. Not sure if that's true everywhere though.
 
Oct 28, 2017
27,072
This is my kinda thread.

This is on both the HOA and the Towing Company. Depending on where you live, towing a car off of private property with out some type of consent is theft. If the Towing company did some arbitrary cowboy shit, the you take them to court. If the towing company is out of date with the "new" HOA, you take them both to court. If the HOA didn't remove the sign that the towing company has authority of said private property, you take the HOA to court.


HORSESHIT!!!!!
 

TaterTots

Member
Oct 27, 2017
12,963
Could you have a neighbor that doesn't like you or your car? Someone in the neighborhood could have called it in to the old HOA and there was a mix up.
 

Dekim

Member
Oct 28, 2017
4,300
HOA's sound like hell to deal with if you enter into one that are staffed with assholes/control freaks.
 

Venatio

Member
Oct 25, 2017
3,737
I'm sorry, but you're probably boned. Tow truck companies are horrible, but they also don't give a fuck about you or any of your threats. I understand you'll probably keep fighting because you got screwed, but this is an area where justice is hard to find.
 
OP
OP
Haze

Haze

Member
Oct 25, 2017
11,775
Detroit, MI
What about rules regarding vehicle appearance or type of vehicle? Not that this would be appropriate enforcement of such rules, just speculating.

In any case HOAs are the fucking worst

This is my first experience with one as I've lived in apartments my entire adult life. I have a 2018 toyota corolla in great condition but even if I didn't have a decent car, yeah that would be some FUCKED justification to tow someone.
 

Syriel

Banned
Dec 13, 2017
11,088
Added updates to the OP

Name the tow company in any complaint.

Do NOT let them off the hook. They did the tow. They extorted the fee.

Let the tow company sue someone else if they want. Your issue is with them as they are required to ensure they are acting legally.
 

Cokie Bear

Attempted to circumvent ban with alt account
Banned
Oct 27, 2017
4,944
HOAs are one of those things I love hearing people complain about but Am glad we don't have where I'm from. That's all I've got to say on the matter.
 

Mgs2master2

One Winged Slayer
The Fallen
Oct 25, 2017
2,861
Added updates to the OP
Thank you

They revealed the party who ordered the towing request was the board of the neighborhood (didn't even know we had such a thing) so I know who to go after tho.

So they were well aware, and finally admitted it? Go after the tow company for doing this nonsense and go after the board of the neighboorhood as well. Never heard of such a thing. guessing this board is something like Neighborhood association?
 
OP
OP
Haze

Haze

Member
Oct 25, 2017
11,775
Detroit, MI
Thank you



So they were well aware, and finally admitted it? Go after the tow company for doing this nonsense and go after the board of the neighboorhood as well. Never heard of such a thing. guessing this board is something like Neighborhood association?

That's my understanding. It's extremely convoluted to being going through a landlord for the actual residence but also an HOA and a neighborhood association. It's getting ridiculous.

Name the tow company in any complaint.

Do NOT let them off the hook. They did the tow. They extorted the fee.

Let the tow company sue someone else if they want. Your issue is with them as they are required to ensure they are acting legally.

Yeah my ax to grind is with both the HOA and the neighborhood association as well as the towing company.
 

Syriel

Banned
Dec 13, 2017
11,088
That's my understanding. It's extremely convoluted to being going through a landlord for the actual residence but also an HOA and a neighborhood association. It's getting ridiculous.

A "board" cannot authorize a tow. If there is not a named individual, the tow company is lying.

Someone had to sign the form.
 

Venatio

Member
Oct 25, 2017
3,737
1) Get everything in writing.
2) If you paid by credit card, file a chargeback.

#2 is a bad idea and will only lead to the tow company suing you for the tow amount + fines and court fees. Also, your credit card company will probably just deny the chargeback. Get everything in writing, though, and file a small claims case if you think you have a strong case.
 

Deleted member 36578

Dec 21, 2017
26,561
This is such a shit situation and a major inconvenience. I hope you get your money back from all this op.
 

jotun?

Member
Oct 28, 2017
4,490
Had a similar situation a while back, ended up just paying them because doing anything else just seemed like too much hassle for too little chance of success.
 

ZackieChan

Banned
Oct 27, 2017
8,056
Had a similar situation a while back, ended up just paying them because doing anything else just seemed like too much hassle for too little chance of success.
It's a low enough amount that it makes hiring a lawyer nonsensical. And the time spent trying to get money back has to be worth more than that. It's the perfect crime, really.
At least you didn't get Bernice flipping your car