Oh sorry, I didn't catch that detail.
Yeah find out who the fuck it was and why.
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My car got towed from my driveway and all parties involved are giving me the runaround.
- Thread starter Haze
- Start date
Oh sorry, I didn't catch that detail.
Yeah find out who the fuck it was and why.
Is it a small towing company or a chain? If it's a chain I'd look up a corporate number online.
If it's a small one, I'd look up their company info and report them to the Better Business bureau
Not if the tow was illegal.
Tow company isn't stupid enough to try to sue over that.
Tow scams work because people will just pay.
I'm being practical. People with licensed towing businesses are basically never arrested for car theft unless they tow cars belonging to police officers. It's really dumb to call the police and report a car stolen when you know it's sitting in a tow yard, because the police officer who follows up on that report is going to punch in the car information, see it on a registry of towed cars, get annoyed that you wasted their time, then call you to tell you that your car is sitting in such-and-such tow yard and that this is a civil matter. There is no scenario where based on a stolen vehicle report alone, a police officer is going to interrogate the towing company and independently come to the conclusion that it was an illegal tow.
When you say restitution, I'm assuming you paid to get the vehicle back. If the towing company already has your money, they're not going to give it back without a court ruling against them.
The simplest solution at this point is to let a judge decide who's at fault. File a small claims suit naming all of these parties - towing company, HOA, this "neighborhood board" guy - as separate defendants. If you aren't concerned about possible difficulties pissing off your landlord, name them as a defendant too. A judge will have no problem hearing out the evidence and determining who needs to pay you for this.
OP
OP
That's the plan. I think above all else it's just about the principle of not wanting to live with the fear that my car could get yanked at any moment.
The restitution is important too because as a recent college grad, $200 isnt exactly disposable to me. I also pay a lot of money to live close to the city so I don't have a long commute everyday. I know I sound like a broken record but this is ridiculous.
How is this situation not as simple as calling the tow company and saying "you towed my car off of my driveway" and refusing to pay? How fucking scummy is this tow company?
Did the tow company explain why they did it? I mean, they were told to do it by the council it seems, but does the council not have to tell them why they want it done?
Do you have a copy of your HOA bylaws? I would think, legally, they would have no authority to actually tow your car from private property, even if some rule is being broken. My old HOA procedures they had to at minimum send you like 3 notifications before being able take any action. Even then, I think the most they could do was fine you or put a lien on your house.
You may be able to find something in the bylaws to show they fucked up. This is probably partly on your landlord too if this was because of some stupid HOA rule if he never provided or had you agree to the rules when you started renting.
You may be able to find something in the bylaws to show they fucked up. This is probably partly on your landlord too if this was because of some stupid HOA rule if he never provided or had you agree to the rules when you started renting.
OP
OP
Good advice. I'll be sure to ask for these from both the HOA and the board
Call the cops, show them where you parked, show them the e-mails from the HOA stating that they didn't order the vehicle towed, show the bill showing the former HOA listed as the customer, the e-mails from your landlord stating he wasn't involved, and see if you can get an e-mail from the former HOA stating that they didn't order the vehicle towed, then state that you want to file a complaint for vehicle theft. The cops should have no problem getting your car back without charges, and if any of these guys are trying to pull a scam, having the cops handle it should prevent them from jerking you around. It'll also generate paperwork your lawyer can use in court later when you sue them.
Cops will just say it's a civil matter now, and that they can't do anything. They don't care about the OPs pics and emails.
As you are a renter, any and all notices from the HOA for violations and warnings were most likely going to your landlord, not to you. So I'd also ask your landlord if they got any letters from the HOA, if you are on good terms with them.
And yes, the HOA cannot just tow your car off of private property because they feel like it. They would have to have documentation, send warnings, then start in with fines for violations, and then finally tow the vehicle.
This is some shady shit going down.
Exactly this as well. If your landlord didn't give you copies of the bylaws when you signed your lease he's highly likely to be in violation of the purchase agreement for the property.
You should be able to call up the HOA and ask the receptionist if there is a history of warnings and violations for your address from your move-in date to now. There should absolutely be records and a paper trail, if they were the ones that got your vehicle towed.
Yeah. Get as many documents from all the players as possible and file a report of fraud with the police. Not theft.
Looks like the company picked up the wrong car or they just went fishing looking for a car to take away in hopes the owner would just try to pay and move on.