Towing Scam. The Day After

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If you didn’t read yesterday’s post, this post will make no sense. In short, last night, several people were towed from a lot at Mill & 7th Street in Tempe. There was much sadness and confusion.

Today, all of us recovered our cars from the impound lot. Since I had no idea it was “cash only”, I didn’t actually pay the $135 fee yet. I did get my car with a clear verbal warning that if I don’t pay in two weeks, it will be reported to credit bureaus and a collection agency where fees will “at least triple” the charges.

I strongly feel that the lot isn’t properly marked with warning signs, so I did a little more research, and went back to the “scene of the crime” to take some photos and measurements.

I’ve been told by a City of Tempe official that the signs posted by the property owner follow city code in their placement, quantity and location.

I disagree.

Granted, I am not an attorney nor a policy maker. But I can read, and some of the Tempe City Code with regard to the notice to the public of the right to two seems very specific and clear to me.

Let’s take a look at Tempe City Code section 32-6 Towing from Private Property / Notice to public of right to tow. I’ll break it down to bite-sized nuggets of love… all emphasis in citations is mine.

Section 32-6 (a): The owner or person in possession of any private parking area shall be deemed to have given consent to unrestricted parking by the general public in such parking area unless such parking area is posted with signs as prescribed by this section which are clearly visible and readable from a distance of fifty (50) feet away and at all points of entry.

and at all points of entry.

Here is a photo of what any reasonable person would consider a point of entry into the lot:

Lot Entrance The tow warning sign is on the BACK of the green electrical box.  This is “clearly visible at the point of entry”??

…clearly visible and readable from a distance of fifty (50) feet away…

Here is the sign on the back of the box from approximately 50 feet away. You tell me, is this readable?

Primary sign from 50 feet

Moving right along…

Section 32 – 6 (b) Signs will be a minimum of twelve (12) inches by eighteen (18) inches in size and will be mounted at a minimum height of five (5) feet and a maximum height of ten (10) feet above the ground.

Pictures tell the story… here is the sign shown above. Of note, this is the specific sign repeatedly referred to by both the towing company and the Tempe Police Department last night when we converged on the lot only to find our cars had been towed off.

Primary sign width Primary sign length Primary sign height

This sign is 6 inches wide by just under 12 inches long. The bottom of the sign is 3 feet 10 inches above ground level.

A little math… a 6” x 12” sign = 72 square inches. The minimum size per city code would be a sign of 216 square inches. This sign is therefore 33% of the required minimum size. Yes, it is one-third the size required by Tempe City Code (and it’s mounted too low. The top of the electrical box is the minimum height of five feet).

But wait, there’s more!

Section 32-6 (a)(5) Each sign shall state, "Tempe City Code, Section 32-6."

Shall. Not “should”, or “ought to”. Shall means it WILL.

Here’s a close up of the fine print:

No Tempe reference

Ok, so let’s assume that the sign behind the box at the main entrance doesn’t count. How you could disregard it completely and say it doesn’t matter is beyond me. But let’s pretend.

There are two other towing warning signs posted at the lot.

Here is one that is in the middle of the south end of the lot, approximately 160 feet from the main entrance.

Middle of south edge

Hey! It’s of the minimum 12 x 18 size! And it has reference to the Tempe City Code. You know, the one that says the sign has to be posted at a minimum height of five feet…

Yeah, this one is posted 25 inches above the ground. Last time I checked, 25 inches is less than half of five feet. So we’ve got yet another failure per the Tempe City code. (not to mention this sign posted two feet off the ground is 160+ feet away from the main entrance. Maybe it’s just me, but I also don’t see this quite being “readable” at 50 feet.

What about the other tow warning sign?

It’s posted at the northeast corner from the entrance, and is edge-on to the entrance. In other words, when you drive into the lot, you see the edge of the sign (it’s about a quarter of an inch thick) from 160 feet away.

Here’s a shot taken from the southwest corner of the lot. It’s the closest I could get to capturing the entire lot without standing in the middle of Mill avenue at 5:30 in the afternoon.

Whole lot

In summary

We’ve got a “primary” tow warning sign (I call it primary as it is by far the closest to the entrance and was repeatedly referred to by both the tow truck drivers and the Tempe Police as a reference) that is: 1) 66% too small; 2) mounted too low; 3) doesn’t contain all required verbiage; 4) not visible from the entrance; and 5) not readable from 50 feet.

You’ve got one sign that meets size and verbiage code but is posted at less than half the required minimum height.

And you’ve got one sign of proper size, verbiage and posting height. In the back corner of the lot and presented edge on to the entrance approximately 160 feet from the entrance.

And this, according to both the Tempe Police on-scene that evening and a City of Tempe official, are following city code in placement, quantity and location.

Again, I’m no attorney. I’d love to get an attorney’s thoughts on this – realizing of course you can’t give “legal advice” in this format.  Given that Tempe City Code Section 32-6 (c) states, “No private towing carrier shall tow a vehicle from a private parking area unless the signs are posted as required by this section and conform with subsections (a), (b) and (e)” my next research step is looking into small claims court.

 

Larger photos are available on my Flickr account.

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About the Author
Jay Thompson

I'm a real estate broker in Phoenix, Arizona and the publisher of the Phoenix Real Estate Guy blog. I tend to drive too fast and scream at the University of Texas and Denver Broncos football teams. My two kids are smarter than most adults I know and my wife is simply amazing.

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They just got me and my wife today in that same lot on Mill and we caught them just as they were towing the car away. They said we could have the vehicle right there if we paid $100 cash. We paid and I went back and cut into the towing company revenue by at least $3,000 tonight all night by warning people about parking there. Who ever want's to help me on this on the weekends, we can all pitch in and hit them hard where it counts.

The sign is deceiving. When you pull in, it says permit required on monday through friday. It' doesn't say anything about weekends. Those towing signs are all over the place, so you expect to see them and think nothing of them, especially when it's on a weekend and the sign doesn't say anything about needing a permit on weekends, but yet there are cars parked there on the weekends with permits. Scam all the way ad perfectly designed to rip people off.

I figured out tonight that they make a hefty revenue each month from this scam and if the owner of that lot and the tow truck company split 50 50, the owner of the lot takes in about $30,000 per month minimum from poor people who can't afford to pay the amount. And that's just one of their lots.

I turned away 20 cars tonight and if they charge $155 per car minimum, that's about $3,100 I save people last night.

I say we get together and work in shifts to stand out on the sidewalk on Friday afternoon into the night and the same on Saturday and cut into their revenue by at least $24,000 per month.

People were so thankful when I told them what happened.

If you read this and want to help me, email me at majicaldave@yahoo.com.

The police told me I couldn't go on their property or I would be tresspassing, but there is not problem walking the sidewalks.

Jaym just thought you would like to know that monster impound and theft as moved its scam to Phoenix. I was parked in front of a friends house the other morning(she rents) for maybe 45 minutes from 5:30 to approx 6:15 am . Walked outside to find my car missing. After quite a search found a tiny sign with a phone number. Called and was told very rudely that the homeowners assosiation has a rule about cars being parked over night and or in fire zones.. I was in front of a house at the end of a cul de sac. I tried to get my car today, I didn't have the $119 yesterday, and when I called I was told that someone will be there at 9:30 pm tonite for me to pick up my car. to be continued. . .

Jay, as I stated in my replies I am on your side. Being involved in too many disgruntled unwitting customers who repeatadly blame anyone they can without taking any responsibilities whatsoever.

That clearly is not the case here. If I mispoke and offended anyone I do apologize that was not my intent. I was trying to represent those that do the service as intended (abandoned vehicles, overcrowding apartment complexes etc.)

You, as well as many of your readers have pointed out violations by this company that not only depict a clear case of a wrongful tow, but quite possibly a punitive issue as well.

My advice to the good citizens of Tempe and surrounding areas is to fight fire with fire.

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Perhaps a beater (tow companies dont tow beaters unless they have to the appearance of the owners ability to pay does factor.) Maybe it could be used as *your* "bait".

Perhaps the bait car has a problem that if moved could possibly "develop a serious suspension issue" if moved or towed.

I dont know of a car like that, nor am I implying that anyone should manipulate any vehicle to be considerded anything less than safe. I believe that could me misconstrude as malicious intent.

Anyway I have heard of scenarios like that. Not pretty for the people that moved

I will keep fiollowing...

I had to read your reply again, You stated "I find it ironic that if the owner did nothing wrong, why, less than 48 hours after the incident, was the signage brought up to code?"

Why cant we, using that logic, find a reason that you were unable to claim your vehcile at no charge? It simply is not allowed in any state. Non compliant? No charge!

Now we enter the Credit Card portion in which you stated, "I did look up the code Daniel. That’s how I found the signage was completely in violation of it. At the time this incident took place, “cash only” was perfectly legal. There was a law pending that would require impounders to accept credit cards. Now they have to."

Well, now isnt that just make you a proud American? You start a business, You work hard, You know which ones are cancelling the credit card transaction prior to them leaving your lot, So, you have learned with these less than happy forced customers you demand cash only to protect yourself. Then the govt steps in, to your private business and tells you what forms of payment you can accept for certain types of work. Almost like saying Jay all condos that you deal with forever are getting commission cuts becuase the govt said so?? Almost un American.

Speaking from experience, I do provide a relocation services to a very small amount of propery owners in the the Far NW suburbs of Chicago.

Bait cars are exactly that. police use them to catch prostitutes, car thieves?? Why is there no negative feedback on the Police Dept??

What you are referring to is a "holding area" what is commonly known as "Vehicle Stacking" is not illegal in the county that I reside, however a little jaunt into Cook County chahges everything. Stacking is illegal in Cook County. State Laws mention nothing at all regarding the above mentioned. Gets really hairy.

You feel ripped off, you want somehow to justify what you went through. Scam? doubtful. Probable is a guy that cannot keep a customer, probably failed in numerous other fields til some salesman sold him a tow truck. Now all he needs is a propery owner on a hot lot and Jackpot.

He makes quick cash until people stop parking there. You should be focusing more on the person that knowingly hired this "obvious scam". Propery owners that know these scenarios that you and others have gone through want these guys, not so much for the possible kick backs but for the ridiculously fast removal of the car(s). They dont like guys like me that take my time to these calls, trying to give the owner as big of a lead as possible.

Well said. As previously noted, indeed there are towing agencies that perform these "predatory" type of tows. These guys no doubt are lacking not only a huge amount of moral character, they probably or not capable of maintaining any type of "regular" normal Towing or roadside assistance. Being honest, I am on your side, I find that I am constantly defending the industry as a whole. See the way you described it it was almost a summary of all companies which has been the status qou for years. If you were towed by a company that is known for its blatent disregaurd of not only existing local and State laws, but the hammering that the public takes (financially) is not long tolerated. Specifically by Law enforcement, and the (seems to be in the minority, but using quotes) "Honest" agencies take a terrible beating merely being in the industry. If people *felt* they were getting screwed buy mortgage brokers, salesman or any blue collar job it would be impossible to close a deal because your client has read, or felt as if wrong doing has taken place.

I cant understand why local law did not intervene on your behalf if this guy was as non-compliant as you describe.

Although you touched on a few things from my previous post, you also left some out.

What should we do with the shoplifter stating he didnt see the sign, and what are we supposed to do with the Pile of junk that some idiot parked in your driveway.

Looking forward to your reply

Daniel

Daniel -

You're right, I'm the one that parked there. No, I didn't verify that it was private property. Who does that? When you see cars parked in a corner lot (one that has parking spaces painted on it no less), and you don't see any no parking signs because the owner failed to comply with simple city signage ordinances, then it seems reasonable to assume it's OK to park there.

I find it ironic that if the owner did nothing wrong, why, less than 48 hours after the incident, was the signage brought up to code?

You said, "Most states force the towing company to take all major crredit cards, so I bet if you look up the vehcile code in your state, you should find that to be true."

I did look up the code Daniel. That's how I found the signage was completely in violation of it. At the time this incident took place, "cash only" was perfectly legal. There was a law pending that would require impounders to accept credit cards. Now they have to.

You ask if I'm in sales. I don't see what that has to do with anything, but yes, obviously I am. I think it's pretty clear from this blog that I'm a real estate broker.

I'm curious, are you in the "vehicle relocation" industry?

Painted parking area stripes, bait cars, the *fact* (found after writing this post) that the towing company rapidly pulled cars off the lot, put them around the corner and THEN towed them to the impound lot (a violation of the law by the way) -- all point to a towing scam plain and simple. Sure, I parked there, and that was wrong. But that doesn't make a scam that breaks several laws OK. Yes you can argue that if I hadn't parked there this never would have happened. But you can also argue that if the scam hadn't been in place it wouldn't have happened either.

I've got no problem paying fines if I did something wrong. I'm far from a perfect person. God knows I've paid more than my share of speeding tickets. I paid the money to get my car back in this case. But I don't know anyone that likes to get ripped off by an obvious scam to fleece people of their money.

Jay, Your siuation as odd as you have made it out to be is almost the same story vehcile relocaters seem to get when performing these "someone has to do it" types of tows.

Although you seem to read your tat the problem. From all I have read in this post, you Jay, noone else are to blame first off. Lets call it like it is. You made a concious decision to "park" or "abandon" your vehicle on someone else's private property with no verification of permission on behalf of the legal owner. So, as we have all learned as children Personal Responsibility.

So, understandably when people that break that law often do, you got upset. You say its not the money, It is. Had they let you take your car at no charge, none of us would have been able to read your "defense". Unfamiliar with private property and or trespassing laws in your state (clearly, by your own admission you were guilty of) They probably resemble the rest in most major areas.

Here is whhat happens (usually). SIgnage at the city/counties ordinances has to be met. Most states use "Every curb Entrance" regardless of the size of the lot. So if there are only two ways in or out (huessing) only two signs need to be posted at the ordinance requirement. Anything above and beyond that is the relocation company doing everything they can to make sure, (in the event youissed the legally posted sign) there are plenty more slapped on whatever they can find. Does not matter if that sign is in the grass, upside down.

Understand that they hear the same excuse from every person. "I didn't see the sign". Seriously Jay, does that excuse any other person that has broken the law??

Picture for a moment, a person in a grocery store that, like peoples that trespass and abandon their posessions on others property, gets arrested and taken to jail. The police say,, "Sorry sir, you r bail is $135.00 and we dont take checks. Well how dare they right Jay? The fellow being charged didn't see the sign that warned shoplifters. Do you think he should get a free pass Jay? I mean, his eyes are not so hot and he couldnt read from 50 ft away. See, essentially thats your arguement. You wasted a tremedous amount of time, energy, to sit there and blame others for your self centered, I can park anywhere I want because I am Jay and I didnt see the sign.

Now Jay I am sure you are good at your job, you seem to be able to get people rallied on your side using slanderous words almost as if you were trying to make a sales pitch? Are you in sales Jay? How about some junk car driver decides that he likes your personal driveway, yup he likes it alot so without asking at all, he just pulls in like he owns your house parks his automobile right in the middle and walks away.

That would be kind of interesting wouldn't it? We know for sure he didnt see the sign, answer me that Jay, Your driveway, in the middle, blocking the whole show,,YOUR PROPERTY!!! Think he might find some inadequate uninformed attorney that probably agrees with him and ss he will help but never des cuz it is a losing battle you see.

Back to responsibilty. Jay I am sure you are a nice guy but please understand that your arguement even if legit, only shows what you want it to show. It seems the young soon to be attorney would be the guy I would hire...

Now, Lastly the cash...this is touchy. People in that situation are no doubt upset. So the credit card transaction goes through and the person that broke the law, or credit card holder (if you will) gets in his now legally parked vehicle and starts chuckling to himself with his "ultimate plan" to sabotoge the relocators that are being hired to protect private property (yours too), calls the credit card company and disputes or contests the charges on his statement. (again, dodging personal responsibility) and he is chuckling hard because while in his rage and anger at at the "scam" that he thinks he was in, signed his Credit card reciept with a bunch jibberish, to ultimatley say "that snot even my signature". See as soon as the amount is disputed, it is removed from the relocation account and held up in some hearing waiting area.

Of course, Now I get to go to court, with my attorney (usually they dont care about your or my finances) like everyone else they have their hand out waiting to profit from a person that just didnt see the sign.....

Sorry for the rant, merely trying to explain to the resentful people more to the story in most cases.

There are a large amount of what is commonly known as "predatory Towing" agencies that do use bait cars, threats, alot of the things you described earlier.

Most states force the towing company to take all major crredit cards, so I bet if you look up the vehcile code in your state, you should find that to be true.

Another important thing to keep in mind when dealing with towing companies in Arizona is that if you are the owner of the car, they have absolutely no right to hold your car if it was towed without your permission. They cannot demand payment on the spot as a condition to releasing the vehicle. If they do, it's theft. The towing company's can try to sue the person who parked the car for the towing charge, but the towing company cannot use the car itself as leverage.

The Arizona Court of Appeals has said that IF THE SIGNAGE REQUIREMENTS ARE MET, then the tow company's recovery (if any) is against the PARKING VIOLATOR, as opposed to the vehicle owner. "A sign that complies with A.R.S. 9-499.05 creates a legally binding contract between the towing company and the PARKING VIOLATOR which would permit a towing company to seek relief for its contractual damages." Adage Towing & Recovery, Inc. v. City of Tucson, 187 Ariz. 396, 398, 930 P.2d 473, 475 (App. 1996).

Regardless of who the alleged parking violator is, the tow company MUST release the car to the owner. When the Arizona Supreme Court addressed this issue, it held that a towing company commits theft when it tows a car that was parked on private property without the property owner's permission and then refuses to release the car to the car's owner.

"According to the undisputed facts, the petitioner [a towing company], without lawful authority, knowingly controlled the property of another with the intent to restore it only upon payment of compensation. We believe the elements of the crime as specified under A.R.S. § 13-1801(2) and § 13-1802(A) have been satisfied, and that the petitioner may be charged with theft." Capson v. Superior Court of State of Ariz., In and For Maricopa County, 139 Ariz. 113, 116, 677 P.2d 276, 279 (1984).

Also, keep in mind that the towing company has the burden of proving that they complies with all the signage requirements. The Arizona Court of Appeals, commenting on the statute posted above, has explicitly stated that if the signage requirements are not met, there can be NO RECOVERY for the towing company: "before a legally binding contract is created, the towing company obviously would have to establish that the signs complied with all elements of § 9-499.05(B), including the requirement that the signs be 'clearly visible and readable from any point within the parking area and at each entrance.' " Adage Towing & Recovery, Inc. v. City of Tucson, 187 Ariz. 396, 399 n.5, 930 P.2d 473, 476 (App. 1996).

People are talking a lot about Tempe municipal law, but they also need to look at Arizona state law. It is possible to comply with Tempe municipal law while violating Arizona state law (and vice versa).

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ARS 9-499.05 states, in part, that:

B. The owner or agent of the owner of the private property shall be DEEMED TO HAVE GIVEN CONSENT TO UNRESTRICTED PARKING by the general public in any parking area of the private property UNLESS such parking area is posted with signs as prescribed by this subsection which are CLEARLY VISIBLE and READABLE from ANY POINT within the parking area and at each entrance.

-------------------

That means that if there exists any point in the parking lot at which a parking sign is not clearly readable, then the lot owner -- as a matter of law -- is deemed to have granted permission to park there. Tempe municipal law is wholly irrelevant to whether a lot owner meets the requirements of the state statute. In other words, even if a lot owner fully complies with the Tempe ordinance, the lot owner might still fail to meet the state statute.

Dang, it is interesting to read all the comments-and I'd be "Joe" is either part of the tow truck company that scammed everyone in that lot or a tow truck driver somewhere else. Go get them, Jay, and good luck in bringing them down!

Jay,

You still have it! This has been one of the more entertaining posts in recent memory. I hope you can change a seemingly rotten system.

As an aside, in 1984 and 1985, I spent some time at the Motorola Mesa plant working on starting up the 256k DRAM (yep, I am old). The MOS 5 guys must have told me a dozen times "be careful when you park anywhere around ASU; they'll tow you in minutes." So, even back then, it was considered to be a "parking trap".

Regards.

GO GET'EM Jay. Funny how they are using the 'law' to stick you with a ridiculous towing bill but don't adhere to it themselves. I wonder how much money that little lot generates for the towing company and how much of that the land owner gets.

**Charles´s last blog post..Las Vegas Housing Market: Foreclosures Down, Sales Up</abbr></abbr>

This has been an incredible story and the comments interesting too.

Even if you take them to small claims court, please do so, and keep

us apprised of any new developments!

Follow the money....

Dollar for donut (about what they cost on today's market) I would bet that the Monster Tow has a contract with the city of Tempe and it's police department for tow services. I am sure if you looked real hard you would find the connection with city council and or the "management" of the town and the company. And, it may very well be that the "lawyer" that owns the lot has connections with the town and its school district for legal services. It was good that you let everyone know about the scam, but it's just the way things work, Jay. Think bunnies and puppies ;-)

It is great to see you have brought so much attention to this-I can't believe (well, I can, but don't want to) that the tow driver dared you to sue them....go get them, Jay!

A Real Lawyer -

I'd love to talk to you. Call me any time at 480-235-4447 or email me at jay@thompsonSrealty.com

Unlike Joe, I'm a real lawyer, and I absolutely hate towing companies. I've never met an honest one that played fairly. I'm considering taking a couple cases against Monster pro bono.

Note to self:

Don't use "Joe" for any of my future legal needs. Surely he'll end up with the annoying ambulance chasers (P to the h - you know who you are).

Some people must get a lot of exercise jumping to conclusions. Sorry to hear of their fall. Oh well - another one bites the dust.

I'm not a religious man, but the following song came to my head today (choose your artist)...

"And the sign said ... everyone welcome come in, kneel down and pray. When they passed around the plate at the end of it all, I didn't have a penny to pay. So I got me a pen & a paper, and I made up my own little sign - it said thank you lord for thinkin' about me I'm alive and feelin' fine".

Onward to a new day - hope all Father's had a great day today !!

Take them to task for the size of their sign. You obviousally have a case there. They can't continue to get away with this scam.

**Halifax Real Estate´s last blog post..A Rental Property Horror Story</abbr></abbr>

Howdy Joe,

It's pretty clear that you work for the unnamed towing company. Oh, and I love the "law student" bit, it would be clever, except....why is a law student interested in this blog? Is it perhaps because you are somehow connected with the towing company who is catching a ton of flack from all angles?

I've only ever encountered persons who cry "libel" and "slander" to be those whose reputation is already tarnished to the point where any additional hits just bury them deeper into the rut they got themselves into with their own shady business practices. Said practices are fantastic for your bottom line in the short term, but as you're now finding out (probably because you're having trouble procuring towing contracts with corps and public entities) that it is VERY troublesome for the long-term financial health of your company. In short, yes, you can screw people today and fill your pockets with their fresh ATM cash, but you'll find that you catch more bees with honey than vinegar. People talk, and I'm sure you've probably towed someone's car who is in a position to close doors for you that you haven't even attempted to open yet.

In this case, its likely that this incident is like throwing a matchstick into a forest fire, with all that I've heard about your company, its only really pulling a magnifying glass to your unethical practices.

Btw, if you were really a law student you would know that libel and slander are extremely difficult to prosecute when the offended party has allowed prior negative public statements to go uncontested. The court assumes that the offending remarks/speech are true if they go uncontested, or if, at the very least, there is no PR effort to combat the claims. FACT: Posting comments on a blog under a pseudonym is not a PR move, its bad business.

**Ali Bawor´s last blog post..Pure Romance Party (5/5) on Yelp</abbr></abbr>

Joe -

You are certainly entitled to your own opinion. However, I'd like to counter a few things you said in your last comment.

"as you said in your own original post there were signs that met the code as well as others that did not"

Please read with a more critical eye Joe. As a law student, that's a good skill to have. There were not signs (plural) that met code. There was one sign, presented edge on to the entrance and approximately 160 feet from said entrance that met code.

"Maybe someone upset other than yourself tore down the signs who knows."

Sure, someone upset could have pulled the sticker off the electrical box. That happening at the same time that new signs meeting code were installed is a quite a remarkable coincidence.

"The city code does not indicate how many signs are needed just that they be visible at the entrance. one entrance was signed properly and one was missing, however extra signs were visible. "

There was no tow warning sign visible at the entrance Joe. There is now. And again, "extra signs" were not visible.

"Not to mention the fact that you yourself said you ignored the completely visible NO PARKING sign posted above the very visible orange barricade."

Again, please read before you accuse me of something I never said. I did not say I ignored the no parking sign, please don't put words in my mouth. That sign appeared to me to be referring to no parking along the easement, not the lot. It is also not a tow warning sign. I got towed Joe, not issued a parking ticket as would have been appropriate with that sign.

"You chose to ignore or disregard the signs and park with your friends in spots that other hard working people had paid for."

I did not chose to ignore or disregard a sign I never saw.

"Do you also eat the sandwich in the company fridge with Betty”s name on it???"

What the hell?

"And yes slander and libel are two completely different terms but you run the risk of being guilty of both with these posts and a news, audible broadcast."

I slandered the towing company in the CBS video??? I didn't even mention their name. How you could slander someone without mentioning their name is beyond me. If they felt I libeled them in my posts, they are welcome to pursue that.

"For all anyone knows that was just a poor person who actually paid for their right to park on that lot."

Whatever Joe. When one of the tow truck drivers gets in and drives away in the last remaining car on the lot, I don't really care if he paid to park there or not. It was an incredibly deceptive practice.

"In my humble opinion you blame others when you make mistakes, and attempt to use those mistakes to get publicity for yourself."

You don't know me from Adam. "Getting publicity" is a ridiculous statement. I don't need "publicity" from writing about getting ripped off.

"I just hope some zealot like yourself buys a house from you and then finds some reason to blog about you in a “real estate scam”."

That will never happen Joe. I don't rip people off, I don't deceive people, and I follow every rule and regulation that my local, state and national associations require of me. In fact, I go well beyond those regulations in my ethics and business practices.

"Pay attention people this transparent little man, in my opinion will end up hurting you far more than he could ever help you."

So you accuse me of libel and then come here and call me a zealot, say I blame others, try to cause others harm, can't be trusted, and that I'll end up hurting people?

Do you see the irony in that?

"For me, checking in on your blog is a thing of the past."

That's not a problem Joe. You're welcome to read my posts or not. Have a nice life.

(And thanks Gregory)

Ya ever notice that the anonymous Joe Blows of the world always accuse the guy who puts his full name, business address and telephone numbers along with countless other pieces of personal data out there of being the one who is untrustworthy?

great news telecast - thanks for posting. It looks like you have a lot of support, Jay. I just think you are still going to pay and the "joes" of the world are going to win. Tempe should fine the owner of the lot and the tow company, or, at least pay the tow of everyone that got scammed that night.

Jay, I hate to argue but as you said in your own original post there were signs that met the code as well as others that did not, like you also said the Tempe police told you it was properly signed. Maybe someone upset other than yourself tore down the signs who knows. Maybe the tow company had to replace the signs that were torn down, by someone other than yourself of course. The city code does not indicate how many signs are needed just that they be visible at the entrance. one entrance was signed properly and one was missing, however extra signs were visible. That would be considered overkill on the lot. Not to mention the fact that you yourself said you ignored the completely visible NO PARKING sign posted above the very visible orange barricade. The point I see that no one is mentioning is that some people chose to pay for their ability to park on that lot and not be restricted as the signs say. You chose to ignore or disregard the signs and park with your friends in spots that other hard working people had paid for. Do you also eat the sandwich in the company fridge with Betty"s name on it??? And yes slander and libel are two completely different terms but you run the risk of being guilty of both with these posts and a news, audible broadcast. At first I was on your team about this issue based on what you had told us all, but after doing just a little investigating I see that you are just a sour grapes person with nothing better to do than try to cause others harm for your own mistakes. What is the license plate # of the "bait car" what did the tow employee look like? Go identify him at the tow company be more diligent in your accusations. For all anyone knows that was just a poor person who actually paid for their right to park on that lot. Unlike you and your friends of course. For me, checking in on your blog is a thing of the past. I had previously enjoyed some of your posts, but I think you are not the person that at least I had been led to believe you were. In my humble opinion you blame others when you make mistakes, and attempt to use those mistakes to get publicity for yourself. A person like that would not be trusted to sell me a soda at circle K much less a house. Good luck in whatever you do. I just hope some zealot like yourself buys a house from you and then finds some reason to blog about you in a "real estate scam". Pay attention people this transparent little man, in my opinion will end up hurting you far more than he could ever help you.

Here is the video CBS 5 did: http://www.kpho.com/video/19809165/index.html

And here is the story: http://www.kpho.com/news/19807691/detail.html

Since the night of the incident, the sign that did not meet City Code that the police and tow truck driver repeatedly referred to has been removed.

Signs meeting city code have been installed.

If the signage was acceptable the night we were towed, why was a sign removed and two more installed within 48 hours of the incident? To me, that is all but an admission of guilt.

Joe - I appreciate your thoughts and opinion. Even if the "bait car" was authorized to park there, it was a pretty sleazy thing to do. As the Tempe Councilmember said in the video, it doesn't meet the intent of the law and is disingenuous. The two employees at the impound lot were also not too pleased to hear about this aspect of the story.

By the way, slander is the spoken word, libel is written.

If the owner, property manager or whoever is in charge of this lot really didn't want people parking there, the solution is simple. Install signs that meet city code. That they didn't do this (until after the fact and quite possibly under pressure from the City of Tempe) speaks volumes.

I don't work for any tow company but I am a law student and my thing is we all make mistakes. When I went by that lot I could see a lot of signs. But like Jay said that was during the day. A friend of mine who also is at ASU said that people can buy yearlong permission to park at that lot. So when I saw Jays pic that identified an illegally parked car, which also happened to be at the lot when I went by I checked, it had purchased from the proprietor a yearlong pass to park there. I just don't want to see anyone get sued for their choice of words. A quote bait car probably was allowed permission to park there through their purchase of a permit to do so. As far as I have seen Jay may have been slanderous is his choice of words, and I wouldn't want to see him sued for just trying to do what he feels is right. Having said that sorry to make anyone feel like I am a bad guy by just be rational in the situation people are entitled to their opinions feel free to say anything you want just don't tell the monster people you are doing it in a public forum or it may end up costing a lot more than the impound fee. A lawsuit is a tax write-off for them but for most people it is just a major pain in the butt. Joe

I would love to know how the TV interview went. I have a feeling the lot suddenly had a lot of signage or the camera crew was blocked from getting any evidence shots for the viewing public. But, it's just a feeling. Hope it went well.

Does anybody else get the feeling that Wizard and Joe are from the tow company trying to rationalize their junk business?

But trust me, it's not just those guys. ASU is arguably worse. My friend left their car outside of a dorm in an empty parking spot (had a parking pass, just not the right lot) and it was towed within 10 minutes. You can't park at a meter and have it go over for more than a minute (literally) without a parking cop come up and write up a $100 ticket. That's why I plan to fly a helicopter to school from now on...

What a dirty tactic

**Bryan´s last blog post..Bank Foreclosed Homes For Sale</abbr></abbr>

Well Jay from what i see you put a lot of effort in your investigation,But I am with Joe if there was other signs saying don't park there then why did you park there? I mean you can see the signs in your pictures and if you thought they was towing signs why did you choose to park there?

you said yourself that you could not afford to buy a lot there because the real estate in Tempe is to expensive for you, So why would you choose to park on a lot that you did not own? really what gives you the right to park there? why didn't you go and park at the business that you and your friends were going to visit? or maybe a lot where you could pay to park? myself i would choose 1 of those options either that or learn how to read the signs around me before getting towed not waiting till after the fact. myself i live in Ohio and i don't know the parking issues that you might have there. but if it would have been me well i would not have parked there. especially if i would have seen any kind of signs that said no parking or restricted parking . i would not have taken that chance myself. well good luck Jay

Wizard and Joe -

I parked there because I didn't see any no parking signs. I'm a pretty decent, law-abiding guy. If I had seen a no-parking sign, I wouldn't have parked there.

That's the point. Despite what Joe says, there are no other signs in that lot other than what I reported in this post. And the signs that are there don't meet city code. The reason there is a code in the first place is so that signs are posted where people can see them.

Yes, you can see them in the picture. Keep in mind this was taken at 5:30 in the afternoon, not 9:30 at night. They are also highlighted in the photos. Trust me, there were no little red circles around them either time I was there. ;)

I'm not trying to get out of this because of the money. It's $135, it's not going to kill me (though I feel sorry for the college kids and others that can't afford it).

I am all for private property rights. I've posted on this very blog before that I'm not a fan of big government or regulation. But city codes for things like this are necessary for exactly this reason -- to prevent people from being taken advantage of and getting ripped off.

If the property owner doesn't want people parking there, the solution is simple. Put up proper signage that people can see. Put a chain across the entrance. That this isn't done leads to the reasonable conclusion that the owner wants people to park there.

Had I parked in a lot with legal signage, without a bait car, the most you would have heard from me would have been a "Crap, got towed, that sucks". This is different in my opinion.

Apparently I am not the only one with this opinion. I've talked to the Mayor of Tempe and a Tempe Councilmember and the Tempe Community Relations Manager. All are frustrated, all have stories about towing operators. The city council in fact recently passed laws to try to help stop these aggressive towing practices (source).

I'm a big boy. If I do something wrong or make a mistake, I'll pay my dues and move along.

But if I see someone deceiving people, ripping people off, setting up bait cars, marking a lot illegally and taking advantage of people, I'm going to call it out and try to get it stopped.

That's just how I roll.

Hey Jay, I happened to be in Tempe today and made a point to go by that lot. No offence but on that lot I wouldn"t have ever parked there. There are other signs that say no parking as well as that tow companies signs. I mean I know it feels like a scam but it says restricted parking so im sure anyone who gets away with it has an arrangement or is paying a fee to be allowed there. The spot I was towed from was a much grayer area than this place, and I got no where with it. I'm not sticking up for them I am just saying maybe this one isn't bad enough that you end up with a lawsuit for calling them a scam or something. Remember they could always try and hurt your business in some way. Best of luck. Joe

They got me there about two years ago... I left my car for 20 mins tops, and sure enough that was enough time for them to haul my car off.

It is a scam... But what pissed me off the most was their guy who drives around the lot in a pick-up offering to take you to the impound lot. I told him to go F himself! (I was rather pissed-off at the time)

Good luck exposing these thieves.. it's the biggest con in town.

Jay, I love you man! You get a bone in your mouth and you just don't let go.

"I'm not a lawyer" ... Meeting CBS television crew... "Jay’s site gets 684% more traffic than the official tourism site for the city of Tempe." You. Rock!

Melanie Johnston - "Tempe Towing Avenger Guy" = priceless. Expect a twitter follow from me, I need more laughs like the ones you dish out!

**Heather´s last blog post..Several Valley Schools Named Among Nation’s Best</abbr></abbr>

Jay you realize that when you win, they`re going to make their signs bigger and continue the scam innocent people. I hope you win though because this is just plain stupid.

**Brantford Real Estate´s last blog post..Your Brantford Home Inspection is Part of the Conditional Offer</abbr></abbr>

Jay,

Perhaps phone calls to your local television/radio station(s) are in order. You've done a great job in presenting the details, and I'm sure your story is great fodder for a news channel or radio station.

Funny you should mention television Joe. I'm meeting a local CBS reporter at the lot tomorrow....

>Jay, they know you vote in Gilbert. Why would they care?

Here is why the should care

http://siteanalytics.compete.com/phoenixrealestat...

Jay's site gets 684% more traffic than the official tourism site for the city of Tempe.

**Ki´s last blog post..Austin Real Estate Statistics for April 2009</abbr></abbr>

"...clearly visible and readable from a distance of fifty (50) feet away and at all points of entry... "

Nice work Jay. Apparently, the towing company picked the wrong dude to tow. I would imagine scores (hundreds) of folks are entitled to some towing fee refunds.

**Colleen´s last blog post..Kennewick WA Homes for Sale

"They" don't know who they're messin' with.

Logic and reason do not account for why things are the way they are, only someone's interpretation of logic and reason.

Based on the obvious details you've shared - if it were me, I'd let them attack with their "we'll destroy your credit...BS". You'll spend WAY more time trying to prove their logic and reason support changes for future parking perps.

When all is said and done - the majority of perps who park at this location are college kids anyway, and really...what credit rating do they have to destroy?

IMHO - changing the world "one parking lot at a time" isn't deserving of the principle infusion being attempted. Just my opinion, my car is in my garage all safe and sound. :)

Good for you! Most people just pay their tickets and move on. It's about time someone took a stand.

If you really want to get them back, put up a sign at the entrance to the lot warning others (knowing it will prob get removed). Get a group of friends together and stand at the entrance with signs of warning during peak hours.

Hit 'em where it hurts...their pocketbook. If no one parks there, they can't tow=no $$$

Jay could you possibly put an add in the paper to see how many others have been scammed? Class action suit! At the very least the proper signage would go up.

Jay, they know you vote in Gilbert. Why would they care?

**Jim Little´s last blog post..Heros, Enough Said!</abbr></abbr>

Jim -

An excellent question!

As you know, a significant portion of Tempe's existence is dependent on "tourists" (particularly the Mill Avenue area where this sordid mess took place). "Tourists" includes residents of neighboring communities. While it's true I cannot vote at the ballot box in Tempe, I can certainly vote with my feet and my wallet.

In other words, they should care. I've had some communication with City of Tempe officials (just got an email from the Mayor in fact) and they do appear to be concerned. Could just be lip service of course, but some do truly express concern and seem to be looking into this and other allegations.

It's all politics and bureaucracy though so believe me, I'm not holding my breath....

I am so sorry you (and the others you met who had their cars towed) have been exposed to this unsettling event. It's proof positive - with that towing company as an example - to the saying "Some bring joy wherever they go...and others whenever they go". Hopefully your stand for (& on) principle and decency will prevail!

**Jim Zirbes´s last blog post..Getting it $OLD!</abbr></abbr>

Man I would love to say going to court is the way to go, but I did just that and found I was wasting my time. Not only did I waste my time but the tow company counter sued me for REASONABLE attorney fees. let me just say no attorney fee is reasonable. I ended up paying another $1100. for my anguish. And what is even worse is the tow company actually did damage my car, the judge said unless I could prove my car wasn't damaged prior to the tow then I had no case. You are in real estate, why don't you buy the lot and we can all park there for free when we want to go down Mill and get plastered

Joe wrote: "You are in real estate, why don’t you buy the lot and we can all park there for free..."

I'd love to buy that lot and just charge a reasonable fee for parking. This would allow me to spend a lot of time on the beach drinking cocktails out of coconuts.

This is prime real estate. I'm almost afraid to figure out the market value of a lot at Mill & 7th Street. But I don't need to calculate it to know I can't afford it.

Regarding your legal experience with towing... I can see how proving damage would be difficult. I don't think it's difficult to prove signage doesn't meet very specific requirements outlined in the city code.

Of course I didn't think it was all that difficult to prove that OJ butchered Ron and Nicole either...

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