Towing Company Problem (KVEGAS)

XJfreakHO

XJfreakHO

Triad Trail Junkies
Joined
Aug 26, 2008
Location
Greensboro/Clemmons
My brother lives in an apartment complex in Kernersville, he has been there 2+ years.
Today around 3 pm the complex had 2 vehicles towed. His mustang, and my full width XJ.
The mustang has not ran in months, and has no tag, however the jeep is tagged, and was only parked there 7 days ago.
Also, the complex knew about the vehicles and said it wasn't a problem because they were in "extra spacing not assigned to any building"
The towing company is claiming they put "tow" stickers on the vehicles 5 days ago. (Monday) but the police said the stickers were not put on the vehicles until thursday. (2 days ago)
There are 30 foot drag marks from the mustang, and drag marks from my cherokee also.
The tow company refuses to allow us to pick our vehicles up today and says they will be charging us a $200+ weekend impound fee per vehicle.

My first thought is to drive through the fence... but before I do that lets think rationally.

1) Anything I can do to avoid paying these charges?

2) If they damaged our vehicles, what can I do to make them pay for it? My thoughts are to take pictures and have the police there to inspect the damage before I pay the fee's. If I pay the fee's.

3) Should I contact my attorney?
 
need to check apt complex policy and city laws. there may be a set fee by the city? i know there is in charlotte. also i beleive the state sets a max storage fee?
 
It's amazing how much can be resolved with a little communication. That's your first avenue. Contact the apartment complex and find the person you spoke with that told you that it was OK to park in that space. Then tell that person that the complex had the vehicles towed against this directive. They may be able to handle it without throwing lawyer threats around.

I remember when I worked at Cingular Wireless and people would call in raising Cain about this or that. Before I could even look into their problem, they would tell me they were going to call a lawyer at which point, even if I could and wanted to help them, my hands were tied. I had to end the call and refer them to legal. Being nice goes a long way. Be nice, until it's time to not be nice.
 
Apartment is not answering on the normal line, nor the emergency line. We have tried repeatedly.
My brother took his girlfriend to lunch, and then to work. He returned to 2 missing vehicles and very clear black drag marks through the parking lot.

The apartment has rules about parking unregistered vehicles, but as I said he has been there for 2+ years and the mustang has been in that space untouched since late 2012.

My jeep was only there because we had to use the trailer and help a friend, unloaded it into the overflow parking as instructed previously.
Had not had the chance to bring it back to my house where I have plenty of land to store any vehicles I would need to. Situation is not ideal, but to have been towed after such a short time... Especially since the management knows my brother well and they made no attempt to contact him.
 
One way or another the towing company is going to get paid. They may be contracted by the apartment to patrol the lot and tow vehicles without permits and may not have been privy to your conversation with the apt. management. Take it up with them first.
 
One other thing, I would get pictures of the drag marks. No legit towing company would leave drag marks from towing something that they were properly assigned to tow away. IF the apartment complex sides with you and they did not in fact assign the towing company to tow these vehicles and they just took it upon themselves (it's happening more and more these days), then yes an attorney will want them to get damages from the renegade towing company. It will be an up-hill fight, so best of luck to you.

I don't think contacting the towing company first will get you anywhere. They will just keep saying the same thing assuming you are lying. That's the business they are in.
 
ManglerYJ said:
One other thing, I would get pictures of the drag marks. No legit towing company would leave drag marks from towing something that they were properly assigned to tow away. IF the apartment complex sides with you and they did not in fact assign the towing company to tow these vehicles and they just took it upon themselves (it's happening more and more these days), then yes an attorney will want them to get damages from the renegade towing company. It will be an up-hill fight, so best of luck to you.

I don't think contacting the towing company first will get you anywhere. They will just keep saying the same thing assuming you are lying. That's the business they are in.
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I am the last guy to want to contact an attorney or the police about anything, but this situation is absolutely unacceptable.

We are betting at least one bumper was ripped off the mustang as well. Its a 2000 gt with a lot of $$$ in suspension. It sits maybe 1.5 inches off the ground, only thing we can imagine they hooked too was the kmember... But there are about 10 feet of drag marks from the space, turning in the lot to the longer parking lot, then another 20 or so feet before the marks stop. Without the key the car will not turn and doors were locked, vehicle is a manual and was in gear.
Both vehicles were parked in a location that would be impossible to get a rollback into. My doors were not locked, they left drag marks, then it seems they probably put the tcase in nuetral. Really hard to tell about the jeep but mustang was most definately dragged a rediculous amount.

I am more concerned about an $1700 set of iroks with less than 100 miles and 1 wheeling trip on them having flat spots from being dragged.
 
Sounds like you have already talked to the tow company and have their stance. (They towed the vehicles at the request of the apt complex, and dont plan let you get them until Monday.)

Sounds like you dont need the vehicles until monday so let it rest while you strategize until Monday.

Then you start with the apartment complex and ask if they are aware it was towed and remind them of their commitment to you.

Reminder however past oversight of rule breaking does not necessarily condone future rule breaking however you may have a case of precedence..that is by letting it stay for over a year they may have given you a reasonable assumption it was ok to remain (in the eyes of the law)

Keep in your pocket when the lease is up. The tow company will likely charge the apt complex less than you and release without storage if they want to keep the contract. The apt complex will be smart to work with you if they want to keep your brother as a tenant. When the lease is up if he moves they will spend $300-$1,000 prepping that unit for the next renter then X per month until they find a new tenant. It is in their best interest to keep a GOOD tenant happy. If brother is occasionally late with money or a general PITA they may be glad to see him go.

As far as damaging relax and dont jump to conclusions. If there is damage cross that bridge when it comes...btw damage can include tires being out of balance or other minor details...
 
Ron said:
Sounds like you have already talked to the tow company and have their stance. (They towed the vehicles at the request of the apt complex, and dont plan let you get them until Monday.)

Sounds like you dont need the vehicles until monday so let it rest while you strategize until Monday.

Then you start with the apartment complex and ask if they are aware it was towed and remind them of their commitment to you.

Reminder however past oversight of rule breaking does not necessarily condone future rule breaking however you may have a case of precedence..that is by letting it stay for over a year they may have given you a reasonable assumption it was ok to remain (in the eyes of the law)

Keep in your pocket when the lease is up. The tow company will likely charge the apt complex less than you and release without storage if they want to keep the contract. The apt complex will be smart to work with you if they want to keep your brother as a tenant. When the lease is up if he moves they will spend $300-$1,000 prepping that unit for the next renter then X per month until they find a new tenant. It is in their best interest to keep a GOOD tenant happy. If brother is occasionally late with money or a general PITA they may be glad to see him go.

As far as damaging relax and dont jump to conclusions. If there is damage cross that bridge when it comes...btw damage can include tires being out of balance or other minor details...
Click to expand...

Thank you Ron.
This post was actually helpful.

We have plenty of vehicles, that isn't the issue.
My brother lives well below his means and has never been late on his rent, he is rarely home and probably considered an ideal tenant.

We are hoping all works out happily but this was just a very unexpected turn to an otherwise wonderful day.
 
while the link below doesn't apply directly to your situation, most municipalities have similar rules and regs in place for a wrecker company to be allowed to "relocate" vehicles via contract with property owner(s) there may be state regs as well.

With out these regs it would be a towing free for all. Find out what Kernersville(?) allows and how to use it to your advantage. Start waving the right rule book and they may back off. Not allowing you to retrieve your vehicle during day time hours ( weekend or not ) is usually not allowed, I'd also try to find as much dirt on the towing company as you can.

http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 07 - state highway patrol/subchapter a/14b ncac 07a .0116.pdf
 
Dj's towing?
 
snappy said:
Dj's towing?
Click to expand...

All Over Towing in Kernersville
We are going in the morning... Trying to remain calm but still beyond pissed off.
If the vehicles are undamaged then that will be a huge load off, but I am not hopeful.

My dad called around and now the story seems to be the apartment complex had nothing to do with them being towed.
They are saying a resident called the police and said the cars may have been stolen (Wtf?) and the police came out and ordered them to be towed.

Both vehicles are in our names and have had tags on them in the past, mustang was over a year ago, but the jeeps tag just expired a month or two ago.
 
Blkvoodoo said:
while the link below doesn't apply directly to your situation, most municipalities have similar rules and regs in place for a wrecker company to be allowed to "relocate" vehicles via contract with property owner(s) there may be state regs as well.

With out these regs it would be a towing free for all. Find out what Kernersville(?) allows and how to use it to your advantage. Start waving the right rule book and they may back off. Not allowing you to retrieve your vehicle during day time hours ( weekend or not ) is usually not allowed, I'd also try to find as much dirt on the towing company as you can.

http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 07 - state highway patrol/subchapter a/14b ncac 07a .0116.pdf
Click to expand...


That is a very helpful link. Thank you.
 
XJfreakHO said:
They are saying a resident called the police and said the cars may have been stolen (Wtf?) and the police came out and ordered them to be towed.
Click to expand...

Well, that is pretty typical criminal behavior to steal vehicles and leave them in plain sight for over a year.


This is starting to sound like someone is doubling back on their story. If the person in the office knew that "a resident" called the police, then they should have stepped in at that point and corrected the issue with the police. The police will not tow a vehicle from private property that isn't reported stolen without first verifying the story. If they did, then they should be on the hook for the tow bill. Then worry about damage. Again, get pictures before you remove the vehicle from the lot. Get pictures in the presence of the towing company representative so he sees what you are taking pictures of as well.
 
If I am not mistaken the town of Kernersville makes you have tags on vehicles that sit in plane sight. ie... parking lots, both private and publics, Had another customer that had to move his from his drive way to behind his fence in the back yard to keep the 5.0 happy.....
 
Lawyer is going to cost you $200 just to start.

If you have a mechanic friend, have him write up a phony repair order claiming $1,000 worth of damages that the tow company will have to pay.
 
I know my old neighborhood had an HOA rule that all vehicles had to be tagged. I guess to keep any junk out of the neighborhood. Probably not any useful to your situation but it does seem fishy that the mustang sat for a year w no ?'s. Maybe parking the Cherokee with it made some ones panties get in a wad. One car was ok but two was too many?
 
If police had the vehicles towed you need to start there.
I'd actually call and request an officer meet you at the apartment complex office just so everyone's story had to match.

If the police authorized the tow without the property manager's approval they will likely turn against the towing company very fast.
 
Ron said:
If police had the vehicles towed you need to start there.
I'd actually call and request an officer meet you at the apartment complex office just so everyone's story had to match.

If the police authorized the tow without the property manager's approval they will likely turn against the towing company very fast.
Click to expand...
If the police called it in and the tow company is next in rotation they have to pick it up or risk loosing there contract. They can only miss so many call outs before they loose it.
 
understood. and tow companies want to stay on rotation. If the PO screwed up, I suspect they would apply pressure to the tow company (right or wrong) to release the vehicle.
 
My father and brother went this morning without informing me, I was waiting on the call and going to meet them. Wouldn't have even known they went but I just got a call from a friend asking who was driving my jeep down West Mountain St... @71chevytruckguy, They parked the xj at your place, I will get it soon.

The tow company wanted $630, Dad says he got them to knock that down to $400 and paid it.
The story from the tow company more or less confirms the last story we got from the police.
Someone at the apartment complained, the cops came out and talked to the property manager and she gave the order to have them towed. There was another vehicle (unrelated to us) also towed at the same time for the same reason.

So this is an issue he will be taking up with the apartment. My brother is... rather outspoken usually and will probably just suck it up, but I really hope not.

That being said, Dad and my brother said the jeep is fine and no obvious damage.
The mustang front bumper is messed up from the way they attached the winch to the car so that is something he needs to handle, but its up to him how he handles that. @drkelly we do have several friends with shops and I hope he goes that route.

Thanks for all the help and advice.
 
XJfreakHO said:
the cops came out and talked to the property manager and she gave the order to have them towed.
Click to expand...

I would not be renewing a lease with this person. And I would politley request that any damages be taken out of my future rent, until lease is up.
 
strange1 said:
I would not be renewing a lease with this person. And I would politley request that any damages be taken out of my future rent, until lease is up.
Click to expand...

This is the same women my brother signed his initial lease with over 2 years ago, and pays his rent to each month. She is the same women who he knew it was his mustang (and had to be aware the jeep was connected to him) as she is the one who told him where to park as not to be towed.

That being said, its insane to me that she would have done that. My brother said he will not be paying next months rent (to recoop the tow bill) but I am waiting to hear more details.
 
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