Anger
07-14-2017, 12:47 PM
#1
Senior Member
Thread Starter
Anger
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As they were moving a trailer in the park yesterday, they decided the Jeep was in their way. Instead of calling a tow company or myself, they just break into the Jeep and proceed to drag the thing in park with the parking brake engaged.
They hooked up around the tie rod as well. Damage so far is the jeep doesn't really stay in park now, the brakes are dragging horribly, and the steering doesn't feel right.
The cherry on top was when I went to file a police report and the arriving officer said everything was perfectly legal.
07-14-2017, 01:05 PM
#4
::CF Administrator::
So, we have breaking and entering, destruction of private property, and basically attempted theft...WTF...I'd be down at the police station with that video, a damage estimate, and be filing a civil suit for the damage.
And why were they rummaging through the back? They have no business rifling through your stuff like that. Did they use your tow strap to move it?
And why were they rummaging through the back? They have no business rifling through your stuff like that. Did they use your tow strap to move it?
07-14-2017, 01:26 PM
#6
Senior Member
Thread Starter
They are Riedel Mobile Home Service here in Jacksonville, FL. We have called them and of course they aren't returning calls. The officer who responded watched the video and still said it was legal but wrong.
They used a chain of theirs. They took the floor jack out of the back to lift it to do something in the front.
Also, looks like one of the guys stuck something in his pocket.
They used a chain of theirs. They took the floor jack out of the back to lift it to do something in the front.
Also, looks like one of the guys stuck something in his pocket.
07-14-2017, 01:33 PM
#7
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How is it not illegal to break into your vehicle, steal items and rifle through your possessions, then damage your vehicle by untrained idiots attempting to move it out of the way??
Cops are untrustworthy, lemme ask my lawyer friend but you almost certainly have recourse. The video is more legitimate than any eyewitness
They are going to complain about how your jeep was in the way, and the correct answer would be
Sucks that you didn't plan ahead and contact me so I could ensure that my legitimately parked vehicle was clear of the path of the truck and trailer. Your untrained employees hooked on to my tie rod which is not a tow point on any vehicle let alone this particular one, and as a result damaged the tie rod, transmission park interlock, flat spotted the tires, damaged the steering wheel lock, and damaged whatever lock on the door they broke in through. Had they contacted you or had an authorized tow company move the vehicle, there would likely be no damage
Ideally you should see if they will me it right outside of court and before threatening legal action
Sincerely they probably own the whole park, including parking spaces and such, they probably have a clause about doing wtf ever they want with no repricussions (including no liability on damage, etc) , but being blatantly neglegant should supercede that
Edit: try not to threaten legal action until you have a chance to have a civil conversation with them.
You don't want to go to court unless it is your only option. It's costly and time consuming, and a pain in the ***
Cops are untrustworthy, lemme ask my lawyer friend but you almost certainly have recourse. The video is more legitimate than any eyewitness
They are going to complain about how your jeep was in the way, and the correct answer would be
Sucks that you didn't plan ahead and contact me so I could ensure that my legitimately parked vehicle was clear of the path of the truck and trailer. Your untrained employees hooked on to my tie rod which is not a tow point on any vehicle let alone this particular one, and as a result damaged the tie rod, transmission park interlock, flat spotted the tires, damaged the steering wheel lock, and damaged whatever lock on the door they broke in through. Had they contacted you or had an authorized tow company move the vehicle, there would likely be no damage
Ideally you should see if they will me it right outside of court and before threatening legal action
Sincerely they probably own the whole park, including parking spaces and such, they probably have a clause about doing wtf ever they want with no repricussions (including no liability on damage, etc) , but being blatantly neglegant should supercede that
Edit: try not to threaten legal action until you have a chance to have a civil conversation with them.
You don't want to go to court unless it is your only option. It's costly and time consuming, and a pain in the ***
Last edited by investinwaffles; 07-14-2017 at 01:54 PM.
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07-14-2017, 02:10 PM
#8
CF Veteran
That is just ridiculous. There is no way that it can be legal to do that.... no way. Just be glad you have that video. I think you will be able to get somewhere with it. Best of luck and let us know what happens.
07-14-2017, 02:15 PM
#9
CF Veteran
Just found this...
Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.
Section 715.07, Florida Statutes, provides many requirements that a private property owner must follow when towing a vehicle off its premises. These include, but are not limited to, the following:
The vehicle must be towed by a person who is regularly engaged in the business of towing vehicles. Fla. Stat. § 715.07(2). (This means you cannot have your best friend who owns a F350 remove the vehicle.)
Once towed, the vehicle “must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.a). However, if no towing business is located within the area set forth above, the towed vehicle “must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.b). (In other words, you can’t have it towed 50 miles into the next county to teach the person a lesson.)
The site where the vehicle is towed must be available for retrieving the vehicle from 8:00 a.m. to 6:00 p.m. on “any day that the [site] . . . is open for towing purposes.” Id.
The entity authorizing the towing must notify the municipal police department or the sheriff within 30 minutes after completion of the towing. This notification must include the “storage site, the time [of towing], and the make, model, color, and license plate number of the vehicle or description and registration number of the [vehicle]” and the entity authorizing the towing “shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.” Fla. Stat. § 715.07(2)(a)(2).
In nearly all circumstances, there must be a posted notice that warns of towing on the premises. The notice must meet the requirements listed in Section 715.07(2)(a)(5)(a)-(g), Florida Statutes.
Florida’s condominium associations must be especially careful when towing vehicles off residential property. This is because associations must not only abide by the Florida Statutes, but also follow its condominium declarations, articles of incorporation and bylaws. If the condominium association’s governing documents require residents to have parking passes, stickers or some other form of identification to park in assigned spots on the property, then the association can tow vehicles parked in those assigned spots that do not have proper passes, stickers, or other identification. If the condominium association’s governing documents are silent on such matters, then it may not have authority to tow.
Most condominium associations have designated visitor parking areas. If the condominium association’s documents are silent on visitor parking requirements, then it may not have authority to tow from that assigned visitor parking area. When a condominium association tows without proper authority, it may be subject to liability for expenses and damages just as owners of commercial properties are.
The penalties for unauthorized towing are severe: “When a person improperly causes a vehicle . . . to be removed, such person shall be liable to the owner . . . of the vehicle . . . for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys’ fees; and court costs.” Fla. Stat. § 715.07(4). Additionally, in certain circumstances, a person can be guilty of a misdemeanor of the first degree and/or a felony of the third degree for improper towing. See Fla. Stat. § 715.07(5)(a)-(b).
Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.
Section 715.07, Florida Statutes, provides many requirements that a private property owner must follow when towing a vehicle off its premises. These include, but are not limited to, the following:
The vehicle must be towed by a person who is regularly engaged in the business of towing vehicles. Fla. Stat. § 715.07(2). (This means you cannot have your best friend who owns a F350 remove the vehicle.)
Once towed, the vehicle “must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.a). However, if no towing business is located within the area set forth above, the towed vehicle “must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.b). (In other words, you can’t have it towed 50 miles into the next county to teach the person a lesson.)
The site where the vehicle is towed must be available for retrieving the vehicle from 8:00 a.m. to 6:00 p.m. on “any day that the [site] . . . is open for towing purposes.” Id.
The entity authorizing the towing must notify the municipal police department or the sheriff within 30 minutes after completion of the towing. This notification must include the “storage site, the time [of towing], and the make, model, color, and license plate number of the vehicle or description and registration number of the [vehicle]” and the entity authorizing the towing “shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.” Fla. Stat. § 715.07(2)(a)(2).
In nearly all circumstances, there must be a posted notice that warns of towing on the premises. The notice must meet the requirements listed in Section 715.07(2)(a)(5)(a)-(g), Florida Statutes.
Florida’s condominium associations must be especially careful when towing vehicles off residential property. This is because associations must not only abide by the Florida Statutes, but also follow its condominium declarations, articles of incorporation and bylaws. If the condominium association’s governing documents require residents to have parking passes, stickers or some other form of identification to park in assigned spots on the property, then the association can tow vehicles parked in those assigned spots that do not have proper passes, stickers, or other identification. If the condominium association’s governing documents are silent on such matters, then it may not have authority to tow.
Most condominium associations have designated visitor parking areas. If the condominium association’s documents are silent on visitor parking requirements, then it may not have authority to tow from that assigned visitor parking area. When a condominium association tows without proper authority, it may be subject to liability for expenses and damages just as owners of commercial properties are.
The penalties for unauthorized towing are severe: “When a person improperly causes a vehicle . . . to be removed, such person shall be liable to the owner . . . of the vehicle . . . for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys’ fees; and court costs.” Fla. Stat. § 715.07(4). Additionally, in certain circumstances, a person can be guilty of a misdemeanor of the first degree and/or a felony of the third degree for improper towing. See Fla. Stat. § 715.07(5)(a)-(b).
07-14-2017, 02:31 PM
#10
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Nice find 5-Speed.
I would go back to the police, speak to the senior officer on duty, and get them to at least file a report for you. You can then use that in court to state the facts. I know sometimes cops don't want to be bothered with minor stuff paper work, but it's their job, so insist they at least file a report.
I would go back to the police, speak to the senior officer on duty, and get them to at least file a report for you. You can then use that in court to state the facts. I know sometimes cops don't want to be bothered with minor stuff paper work, but it's their job, so insist they at least file a report.
07-14-2017, 03:43 PM
#12
Senior Member
Thread Starter
Just found this...
Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.
Section 715.07, Florida Statutes, provides many requirements that a private property owner must follow when towing a vehicle off its premises. These include, but are not limited to, the following:
The vehicle must be towed by a person who is regularly engaged in the business of towing vehicles. Fla. Stat. § 715.07(2). (This means you cannot have your best friend who owns a F350 remove the vehicle.)
Once towed, the vehicle “must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.a). However, if no towing business is located within the area set forth above, the towed vehicle “must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.b). (In other words, you can’t have it towed 50 miles into the next county to teach the person a lesson.)
The site where the vehicle is towed must be available for retrieving the vehicle from 8:00 a.m. to 6:00 p.m. on “any day that the [site] . . . is open for towing purposes.” Id.
The entity authorizing the towing must notify the municipal police department or the sheriff within 30 minutes after completion of the towing. This notification must include the “storage site, the time [of towing], and the make, model, color, and license plate number of the vehicle or description and registration number of the [vehicle]” and the entity authorizing the towing “shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.” Fla. Stat. § 715.07(2)(a)(2).
In nearly all circumstances, there must be a posted notice that warns of towing on the premises. The notice must meet the requirements listed in Section 715.07(2)(a)(5)(a)-(g), Florida Statutes.
Florida’s condominium associations must be especially careful when towing vehicles off residential property. This is because associations must not only abide by the Florida Statutes, but also follow its condominium declarations, articles of incorporation and bylaws. If the condominium association’s governing documents require residents to have parking passes, stickers or some other form of identification to park in assigned spots on the property, then the association can tow vehicles parked in those assigned spots that do not have proper passes, stickers, or other identification. If the condominium association’s governing documents are silent on such matters, then it may not have authority to tow.
Most condominium associations have designated visitor parking areas. If the condominium association’s documents are silent on visitor parking requirements, then it may not have authority to tow from that assigned visitor parking area. When a condominium association tows without proper authority, it may be subject to liability for expenses and damages just as owners of commercial properties are.
The penalties for unauthorized towing are severe: “When a person improperly causes a vehicle . . . to be removed, such person shall be liable to the owner . . . of the vehicle . . . for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys’ fees; and court costs.” Fla. Stat. § 715.07(4). Additionally, in certain circumstances, a person can be guilty of a misdemeanor of the first degree and/or a felony of the third degree for improper towing. See Fla. Stat. § 715.07(5)(a)-(b).
Are you a business owner experiencing parking issues on your commercial property? How about a condominium association with parking issues on residential property? In Florida, private property owners, along with their agents, have authority under the Florida Statutes to tow unauthorized vehicles off their property. Fla. Stat. § 715.07 (2012). In doing so, you want to make sure you follow Florida law or else you may be liable for certain expenses and damages.
Section 715.07, Florida Statutes, provides many requirements that a private property owner must follow when towing a vehicle off its premises. These include, but are not limited to, the following:
The vehicle must be towed by a person who is regularly engaged in the business of towing vehicles. Fla. Stat. § 715.07(2). (This means you cannot have your best friend who owns a F350 remove the vehicle.)
Once towed, the vehicle “must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.a). However, if no towing business is located within the area set forth above, the towed vehicle “must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population.” Fla. Stat. § 715.07(2)(a)(1.b). (In other words, you can’t have it towed 50 miles into the next county to teach the person a lesson.)
The site where the vehicle is towed must be available for retrieving the vehicle from 8:00 a.m. to 6:00 p.m. on “any day that the [site] . . . is open for towing purposes.” Id.
The entity authorizing the towing must notify the municipal police department or the sheriff within 30 minutes after completion of the towing. This notification must include the “storage site, the time [of towing], and the make, model, color, and license plate number of the vehicle or description and registration number of the [vehicle]” and the entity authorizing the towing “shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.” Fla. Stat. § 715.07(2)(a)(2).
In nearly all circumstances, there must be a posted notice that warns of towing on the premises. The notice must meet the requirements listed in Section 715.07(2)(a)(5)(a)-(g), Florida Statutes.
Florida’s condominium associations must be especially careful when towing vehicles off residential property. This is because associations must not only abide by the Florida Statutes, but also follow its condominium declarations, articles of incorporation and bylaws. If the condominium association’s governing documents require residents to have parking passes, stickers or some other form of identification to park in assigned spots on the property, then the association can tow vehicles parked in those assigned spots that do not have proper passes, stickers, or other identification. If the condominium association’s governing documents are silent on such matters, then it may not have authority to tow.
Most condominium associations have designated visitor parking areas. If the condominium association’s documents are silent on visitor parking requirements, then it may not have authority to tow from that assigned visitor parking area. When a condominium association tows without proper authority, it may be subject to liability for expenses and damages just as owners of commercial properties are.
The penalties for unauthorized towing are severe: “When a person improperly causes a vehicle . . . to be removed, such person shall be liable to the owner . . . of the vehicle . . . for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys’ fees; and court costs.” Fla. Stat. § 715.07(4). Additionally, in certain circumstances, a person can be guilty of a misdemeanor of the first degree and/or a felony of the third degree for improper towing. See Fla. Stat. § 715.07(5)(a)-(b).
I'm going after this company. The mobile home park is pissed as well. They are supposed to supervise any move of a trailer on their property. This was not supervised. Had it been, they would of called a towing company to move it onto a flatbed and wait for them to move the trailer and then put it back.
07-14-2017, 04:01 PM
#13
Senior Member
The penalties for unauthorized towing are severe: “When a person improperly causes a vehicle . . . to be removed, such person shall be liable to the owner . . . of the vehicle . . . for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorneys’ fees; and court costs.” Fla. Stat. § 715.07(4). Additionally, in certain circumstances, a person can be guilty of a misdemeanor of the first degree and/or a felony of the third degree for improper towing. See Fla. Stat. § 715.07(5)(a)-(b).
Find an A-Hole attorney that will work on contingency, meaning they only get paid if they win. Any atty would take this if you handed them that video because they know they'd win. But get a mean one because they'll enjoy it.
Or they'd tell you the part of the law that the officer was thinking of that makes it 'legal but wrong' or whatever he said.
07-17-2017, 07:12 AM
#14
Senior Member
Thread Starter
So after talking with the law firms that we know as "ambulance chasers" and "we'll sue anyone," it turns out this is something no one wants to touch with a ten foot pole.
I had the Jeep checked out and nothing broken was found, the shop said to go drive it. It drives great which means there is no damage at this time.
This means that my legal case fizzles because what would I go after them for? One lawyer said that while there is a lot of violations of statute 715.07, the issue is that the vehicle wasn't towed, just moved out of the way. Also, since the whole park is private property, they didn't remove the vehicle. About them going through the Jeep, I was advised to do a better job of preventing people from getting in.
I had the Jeep checked out and nothing broken was found, the shop said to go drive it. It drives great which means there is no damage at this time.
This means that my legal case fizzles because what would I go after them for? One lawyer said that while there is a lot of violations of statute 715.07, the issue is that the vehicle wasn't towed, just moved out of the way. Also, since the whole park is private property, they didn't remove the vehicle. About them going through the Jeep, I was advised to do a better job of preventing people from getting in.
07-17-2017, 07:53 AM
#15
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Year: 1996
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Ugh!!!!
There is no justice in this world. The least they could do is apologize but they will never say that because it would mean accepting responsibility for doing something they shouldn't have done.
Maybe you can bill them for new tie rod and tie rod joints, because it doesn't steer as nicely as it did before. If those parts had to be change by a mechanic, parts and labor and new alignment would be worth a few hundred bucks.
There is no justice in this world. The least they could do is apologize but they will never say that because it would mean accepting responsibility for doing something they shouldn't have done.
Maybe you can bill them for new tie rod and tie rod joints, because it doesn't steer as nicely as it did before. If those parts had to be change by a mechanic, parts and labor and new alignment would be worth a few hundred bucks.