My question involves a consumer law issue in the State of: California
Tuesday, March 22, 2016
5:46 AM
On March 15, 2016 I challenged the validity of the towing by requesting a Stippman hearing and was successful in winning it I reduced the bill of almost $700 to $140 @ 1530 hrs I was instructed by Lt. Sheriff station, to proceed to __________ towing to present the clearance form and retrieve my car. Lt.____ also verified that it will be ok to tow the car back to my house after paying the storage fees of $140
@1550 hrs, I arrived at _____ Towing and presented the documents, at first it was ok until the manager rudely told me that they cannot release the car due to it needs a 1 day moving permit from the DMV. I was not aware of this but I informed the lady that Lt. _______ just called and was told that its ok to tow to my house. I did not want to argue so I just asked if I can see the car?, The manager responded "NO" only after I pay the bill in a hostile aggressive manner that I needed to ask her not to yell . The manager then closed the window and told the other lady just to ignore me.
I notified them that I'm going to start recording and the lady replied I don’t care..
I continued to tap on the window to ask how much is due so I can pay now in cash and just add another day because I'm going to need the 1 day pass from DMV but the two ladies just ignored me and was laughing and saying we'll be there maybe? Then laughed ,after several minutes of tapping the window the lady returned I then asked to see the invoice , she replied look above me and use the post as reference and if I want a copy to take a picture, but I wont get an invoice until I pay, I offered to pay cash already but she closed the window and never returned and that was at 1622hrs.
On March 16, 2016
I arrived at _____Towing and paid $203 than $140 but I did not argue I then presented all the necessary documents. The same lady was there and asked me if I was going to use their towing service to tow my car to my house, I informed her that _____is sending a tow truck , I was then told to just let them know when the tow truck arrives. @ 1053 the tow truck arrives , but the lady wanted to talk to the tow truck driver to present some papers, I informed the tow truck driver and he presented a copy of the documents the lady was asking. The lady was not satisfied with the documents insisting to see the original and that they won't release the car if the originals was not provided. The tow truck driver did not have the original so he driver told me to have them bring the car out of their lot so that he can tow it. I returned to the window and asked if they can bring the car out and the same lady replied well you wanted to have your car towed by another company and that it's gonna cost me money if I wanted to get my car towed out of their lot, I replied that I already paid cash in full . She replied I'm done talking to you call the police if you want . I called the _______Sheriff station and asked if an officer can respond to my location due to they won't release the car, but the operator informed me that even the officers cannot do anything because it's private property and the employees at ________knows that.
The owner of the towing that was hired called me and informed me that ________ who is the owner is there and to ask for her because he already spoke with her and said that they will release the car. I returned to the window to ask for her then another lady approached but did not acknowledge my presence. I returned to the tow truck driver and asked what document are they asking and if he can get it and I will give him $20 extra just to get this problem resolved. But after waiting 45mins he can no longer wait and left
I was already frustrated and don't know what else to do but to wait for Lt. ______ to return from his day off in 2 days , but that means I have to pay for 2 more days of storage. I called _____ and asked for help but they can't do anything but document the incident. I returned to the window while the _____staff was on the phone and told them that I will be driving the car home instead, the same lady then yelled what is it now , I then informed her that I decided to just drive it home since they won't allow the tow truck to get the car out of their lot, she sarcastically responded "that's what you get for hiring another tow truck company" closed the window and then walked away.
I continued to tap at the window then a male tow truck driver asked me what do I want . I told him that I already paid the fees and would like to get the car, he replied but where's the tow truck driver? After telling him that he left after waiting 45mins the lady started laughing and walked away. I told the man that I'm just going to drive the car home he asked but is the car drivable?
I replied well it was being driven by the thief when it got pulled over so I guess yes. He then asked are you sure?. I replied well they did not allow me to see the car when I asked to see it yesterday
So how can I know what condition the car is in. he then told me to wait 10 mins and a driver will take me just t o see the car but I am not allowed to drive it out. After waiting 25mins I was able to see the car but the battery was dead, I asked the man if he can give me a jump start but he refused, I asked if I can push start or have my mechanic friend who has been waiting with a battery jump starter to come in jump the car but was also denied and I was told to leave the premises because it was private property I asked if I can retrieve some of my property but was denied and told to talk to them his job was just to show mw the car.
At this point I was already out of options I called the sheriff's office again to ask for an officer to come but none arrived. After sitting on the curb for 20 mins thinking of what else to do when the tow truck driver returned with the man from earlier I looked from the sidewalk and noticed them doing something with my car, I asked them what are you guys doing to my car he yelled " Do not come in this is private property! I replied I'm not but what are you doing to my car, he then told me to move my car that was parked on the green painted curb because they were gonna push my car to that spot and that was at 1:30 pm 3 hrs after I paid the bill and did not even required to provide them with any papers, but was purposely made to wait just because I requested another towing company to tow my car.
And I later learned that the document they were demanding to se e the originals from the tow truck driver was the Assembly Bill N0. 306 an ACT to amend section 34620 of the vehicle code see attached copy of document. The AB306 only requires the driver to provide a COPY of his Motor Carrier permit and that the releasing party is not required to investigate the authenticity, and the goal of this bill was to avoid the problem of making judgement calls for the releasing party.
I would like to punish these people for the way they treated me, I was a victim of auto theft and just trying to retrieve my car I did not deserve this treatment, I have video proof of them denying my rights, and I have documentation from the roadside service provider that documented what he heard as he stayed on the phone with me for 35mins. Also the owner of the other tow truck company is willing to help and he provided me with the information on the AB306 and will also write a statement upon request.
I have limited knowledge of the law but I believe the violated the following:
VEH. Code 22651.07
1.) Inspect the vehicle
2.) Provide an Itemized invoice
3.) retrieve my property
4.) Pay cash
Can I sue them for stress , punitive damages purposely making me wait 3 hrs, and by them pushing the car to the street instead of towing it out is a violation to their insurance policy or the health and safety code he in California
Tuesday, March 22, 2016
5:46 AM
On March 15, 2016 I challenged the validity of the towing by requesting a Stippman hearing and was successful in winning it I reduced the bill of almost $700 to $140 @ 1530 hrs I was instructed by Lt. Sheriff station, to proceed to __________ towing to present the clearance form and retrieve my car. Lt.____ also verified that it will be ok to tow the car back to my house after paying the storage fees of $140
@1550 hrs, I arrived at _____ Towing and presented the documents, at first it was ok until the manager rudely told me that they cannot release the car due to it needs a 1 day moving permit from the DMV. I was not aware of this but I informed the lady that Lt. _______ just called and was told that its ok to tow to my house. I did not want to argue so I just asked if I can see the car?, The manager responded "NO" only after I pay the bill in a hostile aggressive manner that I needed to ask her not to yell . The manager then closed the window and told the other lady just to ignore me.
I notified them that I'm going to start recording and the lady replied I don’t care..
I continued to tap on the window to ask how much is due so I can pay now in cash and just add another day because I'm going to need the 1 day pass from DMV but the two ladies just ignored me and was laughing and saying we'll be there maybe? Then laughed ,after several minutes of tapping the window the lady returned I then asked to see the invoice , she replied look above me and use the post as reference and if I want a copy to take a picture, but I wont get an invoice until I pay, I offered to pay cash already but she closed the window and never returned and that was at 1622hrs.
On March 16, 2016
I arrived at _____Towing and paid $203 than $140 but I did not argue I then presented all the necessary documents. The same lady was there and asked me if I was going to use their towing service to tow my car to my house, I informed her that _____is sending a tow truck , I was then told to just let them know when the tow truck arrives. @ 1053 the tow truck arrives , but the lady wanted to talk to the tow truck driver to present some papers, I informed the tow truck driver and he presented a copy of the documents the lady was asking. The lady was not satisfied with the documents insisting to see the original and that they won't release the car if the originals was not provided. The tow truck driver did not have the original so he driver told me to have them bring the car out of their lot so that he can tow it. I returned to the window and asked if they can bring the car out and the same lady replied well you wanted to have your car towed by another company and that it's gonna cost me money if I wanted to get my car towed out of their lot, I replied that I already paid cash in full . She replied I'm done talking to you call the police if you want . I called the _______Sheriff station and asked if an officer can respond to my location due to they won't release the car, but the operator informed me that even the officers cannot do anything because it's private property and the employees at ________knows that.
The owner of the towing that was hired called me and informed me that ________ who is the owner is there and to ask for her because he already spoke with her and said that they will release the car. I returned to the window to ask for her then another lady approached but did not acknowledge my presence. I returned to the tow truck driver and asked what document are they asking and if he can get it and I will give him $20 extra just to get this problem resolved. But after waiting 45mins he can no longer wait and left
I was already frustrated and don't know what else to do but to wait for Lt. ______ to return from his day off in 2 days , but that means I have to pay for 2 more days of storage. I called _____ and asked for help but they can't do anything but document the incident. I returned to the window while the _____staff was on the phone and told them that I will be driving the car home instead, the same lady then yelled what is it now , I then informed her that I decided to just drive it home since they won't allow the tow truck to get the car out of their lot, she sarcastically responded "that's what you get for hiring another tow truck company" closed the window and then walked away.
I continued to tap at the window then a male tow truck driver asked me what do I want . I told him that I already paid the fees and would like to get the car, he replied but where's the tow truck driver? After telling him that he left after waiting 45mins the lady started laughing and walked away. I told the man that I'm just going to drive the car home he asked but is the car drivable?
I replied well it was being driven by the thief when it got pulled over so I guess yes. He then asked are you sure?. I replied well they did not allow me to see the car when I asked to see it yesterday
So how can I know what condition the car is in. he then told me to wait 10 mins and a driver will take me just t o see the car but I am not allowed to drive it out. After waiting 25mins I was able to see the car but the battery was dead, I asked the man if he can give me a jump start but he refused, I asked if I can push start or have my mechanic friend who has been waiting with a battery jump starter to come in jump the car but was also denied and I was told to leave the premises because it was private property I asked if I can retrieve some of my property but was denied and told to talk to them his job was just to show mw the car.
At this point I was already out of options I called the sheriff's office again to ask for an officer to come but none arrived. After sitting on the curb for 20 mins thinking of what else to do when the tow truck driver returned with the man from earlier I looked from the sidewalk and noticed them doing something with my car, I asked them what are you guys doing to my car he yelled " Do not come in this is private property! I replied I'm not but what are you doing to my car, he then told me to move my car that was parked on the green painted curb because they were gonna push my car to that spot and that was at 1:30 pm 3 hrs after I paid the bill and did not even required to provide them with any papers, but was purposely made to wait just because I requested another towing company to tow my car.
And I later learned that the document they were demanding to se e the originals from the tow truck driver was the Assembly Bill N0. 306 an ACT to amend section 34620 of the vehicle code see attached copy of document. The AB306 only requires the driver to provide a COPY of his Motor Carrier permit and that the releasing party is not required to investigate the authenticity, and the goal of this bill was to avoid the problem of making judgement calls for the releasing party.
I would like to punish these people for the way they treated me, I was a victim of auto theft and just trying to retrieve my car I did not deserve this treatment, I have video proof of them denying my rights, and I have documentation from the roadside service provider that documented what he heard as he stayed on the phone with me for 35mins. Also the owner of the other tow truck company is willing to help and he provided me with the information on the AB306 and will also write a statement upon request.
I have limited knowledge of the law but I believe the violated the following:
VEH. Code 22651.07
1.) Inspect the vehicle
2.) Provide an Itemized invoice
3.) retrieve my property
4.) Pay cash
Can I sue them for stress , punitive damages purposely making me wait 3 hrs, and by them pushing the car to the street instead of towing it out is a violation to their insurance policy or the health and safety code he in California
Consumer Law Issues: Consumer Rights Violation
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