Ticket dismissal refund help, getting the shaft.

self | 03/11/2003 | T. Jefferson

[T. Jefferson]

Requesting Freeper expertise. My beloved city choose to illegally tow and store about 100 cars. They lost all of the cases that were challenged including mine. Tow and storage came to $187. I filed for a refund and was informed I could not recover from the municipality unless there was negligent use of my vehicle. (Tort act 101:021-Dallas). Not guilty, no refund. How do I recover my costs?

[T. Jefferson]

Requesting Freeper expertise. My beloved city choose to illegally tow and store about 100 cars. They lost all of the cases that were challenged including mine. Tow and storage came to $187. I filed for a refund and was informed I could not recover from the municipality unless there was negligent use of my vehicle. (Tort act 101:021-Dallas). Not guilty, no refund. How do I recover my costs?

[bcoffey]

I'd go back to the judge who made the earlier ruling against the city and seek relief.

[goldstategop]

Good luck on recovering on a fine paid to the government.

[bcoffey]

"Good luck on recovering on a fine paid to the government. "

That's why you go back to the judge.

[bigeasy_70118]

I am not sure what Texas law is on suing the muncipality. Most have some type of sovereign immunity. However, governments cannot immunize themselves from suits based on their negligence. I would argue that the unauthorized towing of the car was negligence. As a citizen you are owed a duty of ordinary care. This was breached when your car was towed without any citation or violation or even due process for that matter. The breach was the cause in fact of your injuries ($187.00) and you suffered damages. I can't see how the municipality wasn't negligent.

Further, you may want to argue that the municipality was negligent per se. There must be some statute that states the municpality cannot tow your car without a violation. Your car did not have a violation and the unauthorized towing was the cause in fact of your injuries. The municpality breached that statute.

Also, it seems to me your damages are more than $187. How may days was your car in storage? Did you rent a car? Did you miss any work?

It is unfathomable to me that your car was towed without a violation and they still expect you to pay for it.

[T. Jefferson]

The judge sent me down the hall to a room to where I filed for the refund. It was forwarded to a law firm that took 3 months to tell me no refund. I never actually filed a small claims case against the city.

The inconvenience was ridiculous. Had to walk home 5 miles at 3 am thru bad neighborhood. 1/2 day to retrieve car, 2 hours in court another day.

[bigeasy_70118]

As a follow up, you can argue the government did negligently use your vehicle. They towed it. It doesn't have to be running. They used your vehicle presumably b/c a meter ran out or they thought you were parked illegally. They had to use your car without permission to remove it from where it was parked. They did so w/o authorizationa and without a violation, thereby breaching a duty of ordinary care owed to you. (Meaning you expect your care to be there when you come back.)

[upchuck]

The city is jerking you around. Get yourself a good lawyer and go after the bastards!

[T. Jefferson]

Also, it seems to me your damages are more than $187. How may days was your car in storage? Did you rent a car? Did you miss any work? .

Tow was $90, storage 87.5. Lost 1/2 day of work, I was thinking of including that.

[yooper]

I work for a municipality. My advice for quick relief is to make a squeaky wheel of yourself to your City Council, preferably at a televised council meeting. Failing that, take the City to small claims court.

[bigeasy_70118]

Tow was $90, storage 87.5. Lost 1/2 day of work, I was thinking of including that. How did you get around when your car was in storage? Did you take a cab?