| Author | Message | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 123 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
Another status followup to an archived post! Almost exactly a year ago I posted about getting towed: Parking and Legality - Getting Towed (now in the archives) Basically my bus had been towed illegally, and I was asking for advice on how to fight it and what to do about it. First of all, thanks to those who gave me advice on how to fight the ticket. After more investigation, I discovered that the bus *was* parked legally, and the city did *not* have any "authority to tow" as they call it. The whole situation got ridiculous, as the police department kept changing their story to avoid the fact that they hadn't towed me legally. I attempted to go through the proper channels, but the tow hearing board decided they did not need to obey the vehicle code. In the end, I sued the City and County of San Francisco, and the judge agreed with my assesment, and I won my case. Yeeha! Kyle: "I'd sure like to watch you in front of the judge arguing your point, I'm sure I'd learn something & it would be entertaining." I certainly found it entertaining and educational. There were moments in court when the judge was challenging the two lawyers that the City and County had sent to fight me. I had to work hard to keep from snickering as the judge was making it clear that their arguments didn't make sense, and they kept trying to find a way to get away with not giving me my money back. They failed.  | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 124 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
Incidentally, reading some of the advice from the original post seemed to imply that I was arguing with the police on the street. I'm not sure where that came from, but it didn't happen and I never meant to imply that. As far as arguing with the "guy with the gun" - I have no problem doing it via a "Tow Hearing" letter instead of trying to get into some argument with an officer on the street. | ||
| Austin Scott Davis (Zimtok)
Registered Member Username: Zimtok Post Number: 200 Registered: 9-2006 Posted From: 216.37.73.226 Rating: N/A |
Congratulations on winning... Did you get a lawyer or defend it yourself? Did you get compensation above the actual towing/storage costs? . | ||
| ChuckMC9 (Chucks)
Registered Member Username: Chucks Post Number: 1171 Registered: 10-2003 Posted From: 68.240.99.161 Rating: N/A |
Well that's great, but don't let it rot in storage any longer. Get to work on it! You had some far-reaching ideas in the beginning and I would hate to see all that just go down the drain. Yeah, yeah I know... work, contracts, girls, yaddayaddayadda. | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 125 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
Zimtok: "Did you get a lawyer or defend it yourself? " Well, technically neither, since I was the plaintiff, not the defense I fought the case myself. It wasn't too difficult, small claims is easy as long as you're prepared, especially when the other side doesn't have a leg to stand on. | ||
| Austin Scott Davis (Zimtok)
Registered Member Username: Zimtok Post Number: 203 Registered: 9-2006 Posted From: 216.37.73.226 Rating: N/A |
"Plaintiff"... What do I know about courts, never been. I don't even watch those court shows on tv. Well if you "represented" yourself then all your out is a little time. (I assume they had to pay court costs because they lost) . | ||
| Jim Wilke (Jim Bob) (Pd41044039)
Registered Member Username: Pd41044039 Post Number: 227 Registered: 2-2001 Posted From: 72.242.136.203 Rating: N/A |
Man I'm proud of you for standing up (when you are right) and fighting those pinheads. Bullies need to be poked in the nose (legally) from time to time so their heads don't get too big. Our country is as great as it is because we tend to fight for our rights! Jim-Bob | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 126 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
Thanks for the support. And yes, I'm just out some time. Lots of it. And some interest I suppose. They are required to pay court costs as well. The big deal isn't the money, though, or the time. The big deal is the ability to park my bus on the street (although I must confess it has been in storage lately because that damn job has gotten in the way, should be over soon. | ||
| Cameron Jones (Crazy71)
Registered Member Username: Crazy71 Post Number: 71 Registered: 12-2006 Posted From: 72.49.253.33 Rating: N/A |
Congrats!!! Great job. I love to hear someone beat the system so to speak. We have few rights left in this country. The collective society has decided that they make the rules even on what they get to see when they look out their window. Don't even get me started on property ownership (lack of) rights. | ||
| Simon Ayriss (Design_dog)
Registered Member Username: Design_dog Post Number: 70 Registered: 3-2007 Posted From: 69.227.189.77 Rating: N/A |
I wasn't privy to the original post, but - thanks for posting... Good to know that there's a chance for at least some justice in the event of (one) of a bus owners worst nightmares. Turning the corner and seeing an empty spot. My sister used to have a fantastic little apartment near polk st and (pine)california st for years. When I would stay there, I would have someone stand in the first open parking spot on the street and call me on my cell phone, while I circled the block 10-20 times to get some parking. I don't know how you ever parked that thing, let alone drove up and down those hills if you were in the city. Maybe you can post some pointers as to what won your case. Might help someone in a future jam. Hope you get a chance to get back to your bus and I know I for one sure would gawk in awe if I ever saw your WVO system feeding into that old detroit. Anyway congratulations. | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 127 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
> I don't know how you ever parked that thing, There are parts of the city where parking isn't actually impossible. Additionally, street cleaning is your friend, if you show up right after they clean the streets. > let alone drove up and down those hills if you were in the city. Oh, the hills of SF. They are quite entertaining. My first time ever driving in SF was with a 60 foot long rig, and I almost got stuck in rush hour on a hill downtown, but that's another story. > Maybe you can post some pointers as to what won your case. 1) Know the vehicle code, thoroughly, not just for the legality of parking, but also what rights you have regarding how the city deals with your bus (things like "authority of tow" and whatnot). 2) Follow the proper channels - I had to first file for a tow hearing, and when that didn't work, file a complaint with the city attorney, and after the city ignored me again, I filed suit in court. And my best advice for dealing with being in court is to merely stick to the facts, and leave hypothesizing and emotions entirely out of it. Keep your speech as short and to the point as possible, but make sure you give them all the pertinent info. In my case it wasn't too hard, because the tow was illegal, and the followup on the tow was illegal, and I was fortunate enough to get a rational judge. > sure would gawk in awe if I ever saw your WVO system feeding into > that old detroit. It still surprises me that it works, but at this point I've got a couple thousand miles on WVO and it seems okay so far. If anyone interested in WVO is in the bay area, send me an email (http://bus.getdave.com/) and I'll show you the bus. | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 128 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
> I wasn't privy to the original post, but - Incidentally, the original post (with all it's good advice, and all it's bad advice is here: http://www.busnut.com/bbs/messages/233/15593.html It seems everytime I try something new and different I sure encounter lots of resistance from some people on this board who sure don't like my crazy ideas. Time, it seems so far, has been on my side though. | ||
| Charles Seaton (Charles_seaton)
Registered Member Username: Charles_seaton Post Number: 12 Registered: 12-2006 Posted From: 170.28.136.41 Rating: N/A |
How did they actually find someone who knew how to tow a bus without damaging it? | ||
| David Ljung Madison (Daveola)
Registered Member Username: Daveola Post Number: 129 Registered: 11-2005 Posted From: 63.204.157.4 Rating: N/A |
I'm not convinced that it was towed properly, and in fact I'm not convinced it wasn't just driven by the tow company to the tow yard. Unknown. Either way, the city paid for it. |