I don't know how the laws are in your area but here in Connecticut, the PPL
maybe be liable for any fees if they illegally towed your truck. The
problem is proving they didn't have a legal right to have the vehicle
removed. I know that here in Connecticut, nowhere in the statutes, is there
a provision that requires the use of Warning Signs.
Here's the Connecticut Statutes:
"Sec. 14-145. Towing or removal of motor vehicle from private property.
(a) An owner or lessee of private property, or his agent, may remove or
cause to be removed any motor vehicle left without authorization on such
property in accordance with the provisions of this section and sections
14-145a to 14-145c, inclusive. This section shall not apply to law
enforcement, fire-fighting, rescue, ambulance or emergency vehicles which
are marked as such, or to the removal of motor vehicles from property leased
by any governmental agency. (b) When such motor vehicle is towed or
otherwise removed by a wrecker licensed under section 14-66, the licensee or
operator of the wrecker shall notify the local police department of the tow
or removal within twenty-four hours. No such licensee or operator may charge
a storage fee for such motor vehicle for the time it is stored prior to such
notification. If the motor vehicle is not claimed by its owner within the
time periods specified in subsection (e) of section 14-150, the licensee or
operator of the wrecker or of the garage where such motor vehicle is stored
may dispose of it in accordance with the provisions of subsection (e) of
section 14-150. (c) Any person who violates any provision of this section
shall, for a first offense, be deemed to have committed an infraction and be
fined not less than thirty-five dollars nor more than fifty dollars, and,
for each subsequent offense, shall be fined not less than fifty dollars nor
more than one hundred dollars or imprisoned not more than thirty days or be
both fined and imprisoned.
Sec. 14-145a. Express instruction of property owner or lessee required for
towing or removal of motor vehicle.
Rebate prohibited. (a) No vehicle shall be towed or removed from private
property except upon express instruction of the owner or lessee, or his
agent, of the property upon which the vehicle is trespassing. Nothing in
this subsection shall be construed to limit the right of a municipality or
the state to remove an abandoned motor vehicle in accordance with the
provisions of section 14-150. (b) No person or firm which tows or removes a
motor vehicle from private property shall rebate or pay any money or other
valuable consideration to the owner or lessee, or his agent, of the property
from which the vehicle is towed or removed for the privilege of towing or
removing that vehicle.
Sec. 14-145b. Storage and release of towed motor vehicles.
(a) Any vehicle towed or removed from private property pursuant to sections
14-145 to 14-145c, inclusive, shall be stored at the site of the towing
company's business in a secured storage lot. The site shall be open during
the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and be
reasonably available on Saturday, Sunday and holidays, for the purpose of
vehicle redemption. (b) When a vehicle has been towed or removed pursuant to
sections 14-145 to 14-145c, inclusive, it shall be released to its owner, or
a person authorized by the owner to regain possession, upon demand, provided
the demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday or at a reasonable time on Saturday, Sunday or holidays and
the owner or authorized person presents proof of registration, pays the
costs of towing or removal and of storage, or signs a declaratory statement
that the towed or removed vehicle was taken illegally. Any vehicle owner, or
agent of the owner, shall have the right to inspect the vehicle before
accepting its return, and no general release of any kind which would release
the person or firm towing or removing or storing the vehicle from liability
for damages may be required from any vehicle owner, or his agent, as a
condition of release of the vehicle. A receipt showing the name of the
person or firm towing or removing the vehicle and an itemization of the
charges shall be provided to the person paying the towing or removal and
storage costs at the time of payment.
Sec. 14-145c. Liability of property owner or lessee for improper towing or
removal of motor vehicle.
Whenever an owner or lessee of private property, or his agent, improperly
causes a motor vehicle to be towed or removed from such property, the owner
or lessee of the property shall be liable to the owner of the vehicle for
the costs of towing or removal and of storage of the vehicle and for
reasonable attorney's fees and court costs, if applicable. "
I drove a wrecker for 13 years, specializing in trespass towing and
repossessions.
Walter_Felix@MSN.COM
88' Dakota Sport 4x4
WWW.GeoCities.Com/MotorCity/Downs/9219
P.S. Towing a Dakota is not a problem. If the driver who towed your truck
used a dolly, he was being extra careful. You can safely tow a 4x4 Dakota
from the rear with no problem as long as the truck is in 2H.
-----Original Message-----
From: Mighty Quinn <quinn@ionet.net>
To: dakota-truck@buffnet.net <dakota-truck@buffnet.net>
Date: Sunday, October 04, 1998 3:05 PM
Subject: Re: DML: A sad day
>Good news, the tow truck driver did use a dolly, charged me 35$ for it
>thought :/. It turns out that the ppl that called the tow truck agency to
>tow my truck are on a limited lease and the owners of the property are not
>very happy about what happened so im thinkin lawsuit against the valet
>company. What ya think?
>
>
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