My E320 Was Held Hostage Today! - Page 7 - PeachParts Mercedes-Benz Forum

John Doe · #91 08-28-2008, 12:20 PM

Quote:

Originally Posted by Tims450SL

First of all depending on a "Civil" matter such as you described, the intent to deprive the owner of a motor vehicle is a felony, and considered theft. In what degree I am not sure of, but besides the different sides taken in this posting the bottom line is that a city, state or goverment may attach a deterent to move your vehicle, or tow to remove from a facility. A public private citizen acting in this manner would be immediately arrested for the attemp or theft of your vehicle. Contact the police and file a police report of the incident ( Statue of limitations for non violent felonies are 3 years) then I would find out who your city or county attorney is, contact their office and describe what happened. You will not be the only one that has had this happen. And as a matter of fact, since you paid with a bank card, you could always dispute the charges as fraudulent. This was a criminal act purported against you. Follow through and I will assure you the pen is mightier than the sword. You will prevail. And with the threat of a Felony Theft against the estabishment owner and conspirators, watch the reaction you receive. Good Luck- I would have had the local cops there in an instant.

I am not going to take the time to dissect this entire post, but in a nutshell, it is complete bull****.

As long as a public citizen places proper signage warning of a possible tow or boot, and the towing company notifies the police within 30 minutes of the tow and keep appropriate records and safeguards the vehicle there is no problem. Matter of fact, in some jurisdictions, it is a misdemeanor for the person leaving the car so situated on private property after being warned. Further matter of fact, many states and or municipalities (especially resort communities) do not place an upper limit on what can be charged to redeem, so they can charge whatever they want. This has been challenged specifically, in the South Carolina Supreme Court.

Felony my ass--and why would you bring up the words "civil matter" and "felony" in the same sentence? It is a misdemeanor for the owners of the property to tow a vehicle if the proper signage is not in place. Conspirators, blah, blah, blah

I'd like to watch the reaction to sending a letter with the above contained as well--but would be scared I would commit a tort when the owners or powers that be choked to death from laughing.

Don't park where my customers are supposed to park and you won't get towed. Don't like it--challenge the ordinance (there is one you know).

And don't take legal advice off the internet (including mine).

Matt L · #92 08-28-2008, 01:02 PM

Quote:

Originally Posted by John Doe

And don't take legal advice off the internet (including mine).

Please don't consider this a critique on your prior advice, but truer words are seldom spoken.

John Doe · #93 08-28-2008, 01:26 PM

Quote:

Originally Posted by Matt L

Please don't consider this a critique on your prior advice, but truer words are seldom spoken.

Not taken as such--hence the caveat

John Doe · #94 08-28-2008, 02:25 PM

Quote:

Originally Posted by 300EVIL

You see, your getting into technicalities that are way out of bounds of my simple question. You may have some "special" provisions because "you" live in a gated community and in a state where "you" can get away with that type of force. Hell, you may run the government for all I know.

No, I explained as you requested. I also addressed your subsequent post, in which you misinterpreted my explanation.

Quote:

Originally Posted by 300EVIL

As far as against the law. Uh,, yeah! It's called destruction of private property. I know that if I tried to pull some s#!t like spike strips in my drive way I'd have more than a civil lawsuit against me. (Side Note: We get lots of tourists up here and they are always turning around in my driveway. Does it bother me? No, not really.)

Go back and re-read my requested explanation of these scenarios.

Quote:

Originally Posted by 300EVIL

As an example.... According to what you're saying. I can rig a shotgun to a door and whoever enters is at their own risk. I didn't pull the trigger! They opened the door! Woops! Ouch! Too bad, so sad! It's totally legal though!

Nope, you misapplied "what I was saying" and introduced an irrelevant and incorrect corollary. I know the law quite well on booby traps and addressed it in my previous response.

Quote:

Originally Posted by 300EVIL

Just to let you know JD, This is not a personal attack. I enjoy a good debate. If I'm wrong in anyway. Please feel free to correct me.

No problems here--you asked for opinions and you got one

Thanks!
Adam[/QUOTE]

lsmalley · #95 09-01-2008, 05:16 AM

the same thing happened to me in san diego a year ago!!! luckily i have an alarm in which my keys will notify me if my car is being moved, or if some opens the door. that was total bs! i feel for you

Jhoulihan · #96 05-20-2009, 01:14 AM

I know this is an old thread but I had to comment. Being from Chicago I am aware of the law that allows private (politically connected) companies to install boots on cars. I have a mailbox in a strip mall that "installs" boots. The funny thing is that the "installer" sits in his truck all day long....parked illegally in an unpaid meter space. The irony is that he is taking up a spot that a driver could use if it weren't for the fact that he was using that space to spy.

Strife · #97 05-20-2009, 01:30 AM

Quote:

Originally Posted by Matt L

These booters are probably working for a private company, hired to protect the lot. Another possibility for the OP is that the booter had absolutely no relationship with the lot. That's why I would call the police.

This actually happened here. These guys had no towing/booting license, no business license, nothing. Just some boots!