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> <channel><title>Comments on: Towing Scam. The Day After</title> <atom:link href="http://www.phoenixrealestateguy.com/towing-scam-the-day-after/feed/" rel="self" type="application/rss+xml" /><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/</link> <description>Phoenix real estate &#124; Search Phoenix Homes for sale &#124; Real Estate Blog</description> <lastBuildDate>Fri, 19 Mar 2010 07:21:04 -0500</lastBuildDate> <generator>http://wordpress.org/?v=2.8.6</generator> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <item><title>By: Daniel Hunt</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63877</link> <dc:creator>Daniel Hunt</dc:creator> <pubDate>Sun, 24 Jan 2010 18:56:05 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63877</guid> <description>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.
.
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* &quot;bait&quot;.
Perhaps the bait car has a problem that if moved could possibly &quot;develop a serious suspension issue&quot; 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...</description> <content:encoded><![CDATA[<p>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.<br
/> 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.)<br
/> 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.</p><p>My advice to the good citizens of Tempe and surrounding areas is to fight fire with fire.<br
/> .<br
/> 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* &#8220;bait&#8221;.<br
/> Perhaps the bait car has a problem that if moved could possibly &#8220;develop a serious suspension issue&#8221; if moved or towed.<br
/> 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.<br
/> Anyway I have heard of scenarios like that. Not pretty for the people that moved<br
/> I will keep fiollowing&#8230;</p> ]]></content:encoded> </item> <item><title>By: Daniel Hunt</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63858</link> <dc:creator>Daniel Hunt</dc:creator> <pubDate>Sun, 24 Jan 2010 10:06:30 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63858</guid> <description>I had to read your reply again,  You stated  &quot;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?&quot;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,   &quot;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.&quot;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 &quot;holding area&quot; what is commonly known as &quot;Vehicle Stacking&quot; 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 &quot;obvious scam&quot;. 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.</description> <content:encoded><![CDATA[<p>I had to read your reply again,  You stated  &#8220;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?&#8221;</p><p>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!</p><p>Now we enter the Credit Card portion in which you stated,   &#8220;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.&#8221;</p><p>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.</p><p>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.</p><p>Bait cars are exactly that. police use them to catch prostitutes, car thieves?? Why is there no negative feedback on the Police Dept??</p><p>What you are referring to is a &#8220;holding area&#8221; what is commonly known as &#8220;Vehicle Stacking&#8221; 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.</p><p>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.<br
/> He makes quick cash until people stop parking there. You should be focusing more on the person that knowingly hired this &#8220;obvious scam&#8221;. 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.</p> ]]></content:encoded> </item> <item><title>By: Daniel Hunt</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63856</link> <dc:creator>Daniel Hunt</dc:creator> <pubDate>Sun, 24 Jan 2010 09:33:08 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63856</guid> <description>Well said. As previously noted, indeed there are towing agencies that perform these &quot;predatory&quot; 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 &quot;regular&quot; 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) &quot;Honest&quot; 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 replyDaniel</description> <content:encoded><![CDATA[<p>Well said. As previously noted, indeed there are towing agencies that perform these &#8220;predatory&#8221; 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 &#8220;regular&#8221; 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) &#8220;Honest&#8221; 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.<br
/> I cant understand why local law did not intervene on your behalf if this guy was as non-compliant as you describe.<br
/> Although you touched on a few things from my previous post, you also left some out.<br
/> 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.</p><p>Looking forward to your reply</p><p>Daniel</p> ]]></content:encoded> </item> <item><title>By: Jay Thompson</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63808</link> <dc:creator>Jay Thompson</dc:creator> <pubDate>Sat, 23 Jan 2010 13:50:09 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63808</guid> <description>Daniel -You&#039;re right, I&#039;m the one that parked there. No, I didn&#039;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&#039;t see any no parking signs because the owner failed to comply with simple city signage ordinances, then it seems reasonable to assume it&#039;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, &quot;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.&quot;I did look up the code Daniel. That&#039;s how I found the signage was completely in violation of it. At the time this incident took place, &quot;cash only&quot; was perfectly legal. There was a law pending that would require impounders to accept credit cards. Now they have to.You ask if I&#039;m in sales. I don&#039;t see what that has to do with anything, but yes, obviously I am. I think it&#039;s pretty clear from this blog that I&#039;m a real estate broker.I&#039;m curious, are you in the &quot;vehicle relocation&quot; 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&#039;t make a scam that breaks several laws OK. Yes you can argue that if I hadn&#039;t parked there this never would have happened. But you can also argue that if the scam hadn&#039;t been in place it wouldn&#039;t have happened either.I&#039;ve got no problem paying fines if I did something wrong. I&#039;m far from a perfect person. God knows I&#039;ve paid more than my share of speeding tickets. I paid the money to get my car back in this case. But I don&#039;t know anyone that likes to get ripped off by an obvious scam to fleece people of their money.</description> <content:encoded><![CDATA[<p>Daniel &#8211;</p><p>You&#8217;re right, I&#8217;m the one that parked there. No, I didn&#8217;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&#8217;t see any no parking signs because the owner failed to comply with simple city signage ordinances, then it seems reasonable to assume it&#8217;s OK to park there.</p><p>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?</p><p>You said, &#8220;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.&#8221;</p><p>I did look up the code Daniel. That&#8217;s how I found the signage was completely in violation of it. At the time this incident took place, &#8220;cash only&#8221; was perfectly legal. There was a law pending that would require impounders to accept credit cards. Now they have to.</p><p>You ask if I&#8217;m in sales. I don&#8217;t see what that has to do with anything, but yes, obviously I am. I think it&#8217;s pretty clear from this blog that I&#8217;m a real estate broker.</p><p>I&#8217;m curious, are you in the &#8220;vehicle relocation&#8221; industry?</p><p>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) &#8212; all point to a towing scam plain and simple. Sure, I parked there, and that was wrong. But that doesn&#8217;t make a scam that breaks several laws OK. Yes you can argue that if I hadn&#8217;t parked there this never would have happened. But you can also argue that if the scam hadn&#8217;t been in place it wouldn&#8217;t have happened either.</p><p>I&#8217;ve got no problem paying fines if I did something wrong. I&#8217;m far from a perfect person. God knows I&#8217;ve paid more than my share of speeding tickets. I paid the money to get my car back in this case. But I don&#8217;t know anyone that likes to get ripped off by an obvious scam to fleece people of their money.</p> ]]></content:encoded> </item> <item><title>By: Daniel Hunt</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63807</link> <dc:creator>Daniel Hunt</dc:creator> <pubDate>Sat, 23 Jan 2010 13:06:17 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63807</guid> <description>Its 4 am here, using this laptop making mega typos, I apologize.</description> <content:encoded><![CDATA[<p>Its 4 am here, using this laptop making mega typos, I apologize.</p> ]]></content:encoded> </item> <item><title>By: Daniel Hunt</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-63806</link> <dc:creator>Daniel Hunt</dc:creator> <pubDate>Sat, 23 Jan 2010 12:59:42 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-63806</guid> <description>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 &quot;someone has to do it&quot; 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 &quot;park&quot; or &quot;abandon&quot; your vehicle on someone else&#039;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 &quot;defense&quot;. 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 &quot;Every curb Entrance&quot; 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. &quot;I didn&#039;t see the sign&quot;. 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,, &quot;Sorry sir, you r bail is $135.00 and we dont take checks. Well how dare they right Jay? The fellow being charged didn&#039;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&#039;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 &quot;ultimate plan&quot; 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 &quot;scam&quot; that he thinks he was in, signed his Credit card reciept with a bunch jibberish, to ultimatley say &quot;that snot even my signature&quot;. 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 &quot;predatory Towing&quot; 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.</description> <content:encoded><![CDATA[<p>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 &#8220;someone has to do it&#8221; types of tows.<br
/> 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 &#8220;park&#8221; or &#8220;abandon&#8221; your vehicle on someone else&#8217;s private property with no verification of permission on behalf of the legal owner. So, as we have all learned as children Personal Responsibility.</p><p>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 &#8220;defense&#8221;. 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.</p><p>Here is whhat happens (usually). SIgnage at the city/counties ordinances has to be met. Most states use &#8220;Every curb Entrance&#8221; 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.</p><p>Understand that they hear the same excuse from every person. &#8220;I didn&#8217;t see the sign&#8221;. Seriously Jay, does that excuse any other person that has broken the law??</p><p>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,, &#8220;Sorry sir, you r bail is $135.00 and we dont take checks. Well how dare they right Jay? The fellow being charged didn&#8217;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.</p><p>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.</p><p>That would be kind of interesting wouldn&#8217;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.</p><p>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&#8230;</p><p>Now, Lastly the cash&#8230;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 &#8220;ultimate plan&#8221; 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 &#8220;scam&#8221; that he thinks he was in, signed his Credit card reciept with a bunch jibberish, to ultimatley say &#8220;that snot even my signature&#8221;. See as soon as the amount is disputed, it is removed from the relocation account and held up in some hearing waiting area.</p><p>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&#8230;..</p><p>Sorry for the rant, merely trying to explain to the resentful people more to the story in most cases.</p><p>There are a large amount of what is commonly known as &#8220;predatory Towing&#8221; agencies that do use bait cars, threats, alot of the things you described earlier.</p><p>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.</p> ]]></content:encoded> </item> <item><title>By: ignite phoenix - my experience &#124; krystofer.com</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-60647</link> <dc:creator>ignite phoenix - my experience &#124; krystofer.com</dc:creator> <pubDate>Wed, 18 Nov 2009 04:29:55 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-60647</guid> <description>[...] I couldn&#8217;t make the after party, but apparently that meant I also missed out on some shady towing practices down on Mill Avenue. A lot of people got towed from an intentionally misleading empty lot. I wasn&#8217;t there, but If you want to read the entire drama and subsequent research, here&#8217;s a great entry by Jay Thompson. [...]</description> <content:encoded><![CDATA[<p>[...] I couldn&#8217;t make the after party, but apparently that meant I also missed out on some shady towing practices down on Mill Avenue. A lot of people got towed from an intentionally misleading empty lot. I wasn&#8217;t there, but If you want to read the entire drama and subsequent research, here&#8217;s a great entry by Jay Thompson. [...]</p> ]]></content:encoded> </item> <item><title>By: Staten Island Real Estate</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-59531</link> <dc:creator>Staten Island Real Estate</dc:creator> <pubDate>Thu, 20 Aug 2009 14:25:16 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-59531</guid> <description>I would have been pissed it that happened too me. That small sign is obviously a trap, to bait people into parking. I am sure the owner of the lot gets a cut under the table.</description> <content:encoded><![CDATA[<p>I would have been pissed it that happened too me. That small sign is obviously a trap, to bait people into parking. I am sure the owner of the lot gets a cut under the table.</p> ]]></content:encoded> </item> <item><title>By: StatenIslandRealEstateAgent</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-58773</link> <dc:creator>StatenIslandRealEstateAgent</dc:creator> <pubDate>Thu, 20 Aug 2009 12:25:16 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-58773</guid> <description>I would have been pissed it that happened too me. That small sign is obviously a trap, to bait people into parking. I am sure the owner of the lot gets a cut under the table.</description> <content:encoded><![CDATA[<p>I would have been pissed it that happened too me. That small sign is obviously a trap, to bait people into parking. I am sure the owner of the lot gets a cut under the table.</p> ]]></content:encoded> </item> <item><title>By: Paco McDooby</title><link>http://www.phoenixrealestateguy.com/towing-scam-the-day-after/#comment-57531</link> <dc:creator>Paco McDooby</dc:creator> <pubDate>Sun, 05 Jul 2009 06:23:17 +0000</pubDate> <guid
isPermaLink="false">http://www.phoenixrealestateguy.com/towing-scam-the-day-after/2430#comment-57531</guid> <description>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&#039;s theft.  The towing company&#039;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&#039;s recovery (if any) is against the PARKING VIOLATOR, as opposed to the vehicle owner. &quot;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.&quot; Adage Towing &amp; 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&#039;s permission  and then refuses to release the car to the car&#039;s owner.&quot;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.&quot; Capson v. Superior Court of State of Ariz., In and For Maricopa County, 139 Ariz. 113, 116, 677 P.2d 276, 279 (1984).</description> <content:encoded><![CDATA[<p>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&#8217;s theft.  The towing company&#8217;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.</p><p>The Arizona Court of Appeals has said that IF THE SIGNAGE REQUIREMENTS ARE MET, then the tow company&#8217;s recovery (if any) is against the PARKING VIOLATOR, as opposed to the vehicle owner. &#8220;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.&#8221; Adage Towing &amp; Recovery, Inc. v. City of Tucson, 187 Ariz. 396, 398, 930 P.2d 473, 475 (App. 1996).</p><p>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&#8217;s permission  and then refuses to release the car to the car&#8217;s owner.</p><p>&#8220;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.&#8221; Capson v. Superior Court of State of Ariz., In and For Maricopa County, 139 Ariz. 113, 116, 677 P.2d 276, 279 (1984).</p> ]]></content:encoded> </item> </channel> </rss>
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