What is the name of your state (only U.S. law)? Florida
Any attorneys familiar with this case or similar, re: notice regarding seizure of (or, towing of) personal property?
Facts: Car was parked in legal space on city right-of-way (residential parking in "Old Town" Key West). Registration and Insurance up to date. Tag office has my phone number on file.
City plans on road work. City puts notice on windshield to remove car within 72 hours. Car owner (me) only uses car maybe 2 X/month so I do not see the sticker (car is parked a block away from me; there are no residential spots on my street; I am disabled and do not get out that often).
Little-known city ordinance states that cars cannot be "stored" more than 72 hours. This ordinance is not posted on the streets. Another city ordinance specifies the rates tow companies can charge.
City calls me apparently on day car was towed, but reaches voice mail. They do not leave a message.
By time I find out the car (a 1982 Mercedes with almost 1 million miles) has been towed, the towing company requires $800 to release it. I do not have this money. Towing company also advises me that if car is sold at auction at less than amount due they can sue me on the balance.
When I complained to police I had not received proper notice, they advised me that cars cannot be "parked" (their words) more than 72 hours in one spot.
City refuses to assist in resolution. While I certainly agree that the car needed to be removed for the road work, I also believe that I should have received notice somewhere other than on my windshield. After reading the 5th DCA opinion it seems that there is some relationship in which the city has a legal relationship with the towing company, since the city sets the rates. And my thought is that somehow (help me here) this ties in with failure to serve notice per Article IV.
I was also given a ticket, presumably to officiate the necessity for towing.
As things stand, I am out a car (value $1,000) plus now liable to tow company for approx. $1,500 (by the time the car is auctioned or destroyed).
Why couldn't city have sent the car to their own covered parking lot which charges $12/day? (rather than $40/day for an open, muddy lot 5 miles out of town).
And shouldn't the city post notices that parked cars must be moved every 72 hours? Musical cars.
Any thoughts?
Thanks!
Any attorneys familiar with this case or similar, re: notice regarding seizure of (or, towing of) personal property?
Facts: Car was parked in legal space on city right-of-way (residential parking in "Old Town" Key West). Registration and Insurance up to date. Tag office has my phone number on file.
City plans on road work. City puts notice on windshield to remove car within 72 hours. Car owner (me) only uses car maybe 2 X/month so I do not see the sticker (car is parked a block away from me; there are no residential spots on my street; I am disabled and do not get out that often).
Little-known city ordinance states that cars cannot be "stored" more than 72 hours. This ordinance is not posted on the streets. Another city ordinance specifies the rates tow companies can charge.
City calls me apparently on day car was towed, but reaches voice mail. They do not leave a message.
By time I find out the car (a 1982 Mercedes with almost 1 million miles) has been towed, the towing company requires $800 to release it. I do not have this money. Towing company also advises me that if car is sold at auction at less than amount due they can sue me on the balance.
When I complained to police I had not received proper notice, they advised me that cars cannot be "parked" (their words) more than 72 hours in one spot.
City refuses to assist in resolution. While I certainly agree that the car needed to be removed for the road work, I also believe that I should have received notice somewhere other than on my windshield. After reading the 5th DCA opinion it seems that there is some relationship in which the city has a legal relationship with the towing company, since the city sets the rates. And my thought is that somehow (help me here) this ties in with failure to serve notice per Article IV.
I was also given a ticket, presumably to officiate the necessity for towing.
As things stand, I am out a car (value $1,000) plus now liable to tow company for approx. $1,500 (by the time the car is auctioned or destroyed).
Why couldn't city have sent the car to their own covered parking lot which charges $12/day? (rather than $40/day for an open, muddy lot 5 miles out of town).
And shouldn't the city post notices that parked cars must be moved every 72 hours? Musical cars.
Any thoughts?
Thanks!
