UPS Towed My Car From Employee Parking Lot

[anonymous6]

Re: Stay with me on this.....

You are in CA, right?

If so, the law states that YOU are entitled to "double the storage or towing charges" because they did not follow paragraph 2 which states "The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice"

UPS would also and I quote "and fails to comply with that subdivision is guilty of an infraction, punishable by a fine of one thousand dollars ($1,000"

Further more The tow truck operator and the towing company, not the association, are liable for damage caused to towed vehicles. However, if it can be shown that the vehicle was damaged due to an intentional or negligent act of the association, it can be liable for the damage

NO. I work in a NV hub but live in CA.

 

[kingOFchester]

Re: Stay with me on this.....

Never the less, UPS had your car towed for no valid reason. You have a car damaged due to their actions. You didn't hire the towing company. You sue UPS, they sue or negociate with towing company.

 

[pickup]

Pickup, you are exactly RIGHT. I'm lucky we have had several days to think about this. Saturday was tough. My wife is more angry than me. Wr have more important issues going on right now than to have to deal with this too.

Everyone we have talked to agrees that this is not in anyway our fault. I have layed down every fact.

Does anyone thing I should let UPS off the hook ? Will this put me on the RADAR for future harassment?

This is the only vehicle i have right now. People at work ( including management ) have suggested in the past that I buy a NEW or better car.

Why?

Was anyone apologetic about the fact it was towed and you were inconvenienced the first time around? If yes, then approach those same people in management and explain your situation and see if there is anyone willing to do the right thing before the talk of law suits is brought up. Retaliation harassment is always a possibility but I think you know better than anyone your standing in your building so only you can accurately gauge the possibilities and their extent. As for your wife: women ,god bless them, are more emotional than men. Sometimes they can urge us to take the better action when it is compassion that is driving the conversation and afterwards, we are glad we followed their advice.
When anger is the underlying driver in the conversation, we are better not to follow their advice. Obviously, just my opinion based on observation and fractured take on life.

 

[drewed]

Re: Stay with me on this.....

You are in CA, right?

If so, the law states that YOU are entitled to "double the storage or towing charges" because they did not follow paragraph 2 which states "The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice"

UPS would also and I quote "and fails to comply with that subdivision is guilty of an infraction, punishable by a fine of one thousand dollars ($1,000"

Further more The tow truck operator and the towing company, not the association, are liable for damage caused to towed vehicles. However, if it can be shown that the vehicle was due to damaged an intentional or negligent act of the association, it can be liable for the damage
Ca vehicle code 22658

The fine would go to the courts, and if the tow company did damage the 4wd i dont think theyd classify it as negligent as long as the did everything in their power to tow the vehicle safely

 

[kingOFchester]

Re: Stay with me on this.....

The fine would go to the courts, and if the tow company did damage the 4wd i dont think theyd classify it as negligent as long as the did everything in their power to tow the vehicle safely

Correct. The fine would go to the court. Sorry if I implied other wise. I wasn't trying to imply that OP would get the fine money. It was more ammo to be used when talking to UPS.

As far as the "negligent"....... I (and the law as I quoted it) was speaking about UPS (association). Towing an employees car, parked in a legal spot, while clocked in and working...........I define that as being a negligent act.

I myself, with my standing at UPS, would go to the building manager. I would be armed with as much knowledge of the law that I could possibly have. I would be polite, honest and understanding to a degree. If she, took a "we aren't going to do anything" stance, I would then, politely, inform her of the laws. Then proceed to letter.

 

[pickup]

orangeputeh, You are in the right, no question. But it sounds like this issue has marred your weekend . If you decide to pursue this past asking ups to do the right thing (after weighing pros and cons) , pursue it civilly (with the possibility in your mind that you might get nothing) . Don't let the anger from this issue eat into your mind and heart. If you drop it, same thing. I hope it is only a small amount of money that you have to eat (you gotta lay it out anyway before legal means bear fruit). Good luck to you but whichever way you choose, do it in such a way that causes no mental anguish for your own sake and for the sake of those around you.

 

[pickup]

Re: Stay with me on this.....

The fine would go to the courts, and if the tow company did damage the 4wd i dont think theyd classify it as negligent as long as the did everything in their power to tow the vehicle safely

and part of towing a vehicle safely is to slimjim the door to pop the lock so that you can disengage anything that by being engaged can cause damage to a vehicle: like an engaged emergency parking brake, a stick shift that is in gear, and a button or switch for a four wheel drive (which may be overlooked by you or me but not by a towing company that operates in a snowy area (puteh stated "covered with snow) , the tower should be aware of these things.Hmm, twenty five year old car probably had some sort of lever to engage and disengage 4 wheel drive, right puteh?

 

[anonymous6]

Re: Stay with me on this.....

and part of towing a vehicle safely is to slimjim the door to pop the lock so that you can disengage anything that by being engaged can cause damage to a vehicle: like an engaged emergency parking brake, a stick shift that is in gear, and a button or switch for a four wheel drive (which may be overlooked by you or me but not by a towing company that operates in a snowy area (puteh stated "covered with snow) , the tower should be aware of these things.Hmm, twenty five year old car probably had some sort of lever to engage and disengage 4 wheel drive, right puteh?

Yes, It has a lever between the seats. When I picked it up the lever was still engaged and the parking brake on.

We have been on the phone all morning and the general consensus is , is that we are basically screwed IF the co doesn't want to do the RIGHT thing.

Due to the age of car, miles on it, worth ( $100-200 ). A mechanic can not determine Conclusively that the 4WD was broke by the Tow and 2 independant tow companies told us that the proof lies with us. They also told us that they are both constantly sued and fight every case in court.

Considering the time off work going to 3 shops to get repair estimates and waiting several months for civil small claims court ( that's another day off ), it is just not worth it.

Now, by some miracle, will UPS just compensate me for the damage that they caused.

I'm going directly to the Hub manager tonight.

Thanks for the advice.

BTW, It seems like you already know the "Laws Of Life" Excellent book. You can get it for one penny plus shipping from Amazon Web site ( if purchased from a third party seller )

I bought copies for all my children. Maybe I should buy copies for UPS managers. too.

 

[badcat1004]

Make sure that you post the outcome of your ordeal here so we all know the outcome. Anything this company does anymore does not surprise me!

 

[cachsux]

Orangputeh,

I was thinking that if you have to prove the vehicle was operational do you keep your receipts for gas? I pay with a debit card and have receipts for each month,perhaps something like this would help show you drove the car regularly.

Don`t feel bad about your beater. I drove $500 dollar work cars on a regular basis for a long time. Cheap on insurance,gas,and I just laughed away door dings from the bad parking spots.

 

[anonymous6]

Orangputeh,

I was thinking that if you have to prove the vehicle was operational do you keep your receipts for gas? I pay with a debit card and have receipts for each month,perhaps something like this would help show you drove the car regularly.

Don`t feel bad about your beater. I drove $500 dollar work cars on a regular basis for a long time. Cheap on insurance,gas,and I just laughed away door dings from the bad parking spots.

Yes, I use a CC for gas purchases. Thanks.

 

[anonymous6]

Re: Stay with me on this.....

and part of towing a vehicle safely is to slimjim the door to pop the lock so that you can disengage anything that by being engaged can cause damage to a vehicle: like an engaged emergency parking brake, a stick shift that is in gear, and a button or switch for a four wheel drive (which may be overlooked by you or me but not by a towing company that operates in a snowy area (puteh stated "covered with snow) , the tower should be aware of these things.Hmm, twenty five year old car probably had some sort of lever to engage and disengage 4 wheel drive, right puteh?

as a side note "Puteh" means white and "Orang" means person in Malaysian.

My folks were in the Peace Corp in the early 70's and I was the only white kid in the high school.

Everyone used to yell "OP,OP,OP!!!" when I walked by. I asked a classmate what that meant and he said "white Person"

"OP" is a derogotory term. Not as bad as the "N" word but almost. My family made it into a joke and I did also at school and then everything was fairly cool with the people who took the time to get to know me,

With student body of 600 and one of the only white families living in a small town for two years , it was a very interesting lesson in racial relations to say the least.

The Malaysian people are brown and just like everyone else in the world. They tend to dislike people who are "different" They considered white people as "devils"

But I loved it there. The food is unbelievable, most people were friendly and the women are drop dead gorgeous!! In the outlying areas they don;t wear tops. Think Hawaiian and you get the general idea
For a 15 year old it was both paradise and torture.

OP

 

[UPSNewbie]

Re: Stay with me on this.....

as a side note "Puteh" means white and "Orang" means person in Malaysian.

My folks were in the Peace Corp in the early 70's and I was the only white kid in the high school.

Everyone used to yell "OP,OP,OP!!!" when I walked by. I asked a classmate what that meant and he said "white Person"

"OP" is a derogotory term. Not as bad as the "N" word but almost. My family made it into a joke and I did also at school and then everything was fairly cool with the people who took the time to get to know me,

With student body of 600 and one of the only white families living in a small town for two years , it was a very interesting lesson in racial relations to say the least.

The Malaysian people are brown and just like everyone else in the world. They tend to dislike people who are "different" They considered white people as "devils"

But I loved it there. The food is unbelievable, most people were friendly and the women are drop dead gorgeous!! In the outlying areas they don;t wear tops. Think Hawaiian and you get the general idea
For a 15 year old it was both paradise and torture.

OP

I always wanted to put an "e" after the "g" in your name, so it would be "orange cat"

....... Anyways.

 

[trplnkl]

a tow co we called said that they could of strained something and broke it even just putting it on a flatbed. I'll have to go to several shops on my own time for estmates and professional opinions.

See if you can get a signed statement from the tow company that you already talked to, then maybe get a written statement from the Subaru dealer that the damage could have been caused by the towing(which we already know it can). If UPS want's you to get repair estimates, tell them OK, but if there is a charge for the estimates, UPS will be liable for that cost also.
I agree that the company that towed your vehicle is ultimately responsible for the damage. However, UPS is responsible to YOU, BECAUSE, UPS management chose to tow the vehicle. You did not make that choice, after all, you were happy with where you left it. If it were not for UPS management's irresponsible(key word) actions, your vehicle would have been setting right where you left it and all would be fine and dandy.

 

[drewed]

Trpkl, the person who decided to call the tow company was probably a lp admin or possibly just a rent a cop....So more then likely it wasnt up to a managements person irresponsibility

 

[kingOFchester]

I agree that the company that towed your vehicle is ultimately responsible for the damage. However, UPS is responsible to YOU, BECAUSE, UPS management chose to tow the vehicle. You did not make that choice, after all, you were happy with where you left it. If it were not for UPS management's irresponsible(key word) actions, your vehicle would have been setting right where you left it and all would be fine and dandy.

Bingo.....what I was trying to communicat!!

Imagine this.....I go to UPS, have my bosses car towed and it gets damaged. Don't you think I would be liable?

 

[UpstateNYUPSer(Ret)]

Trpkl, the person who decided to call the tow company was probably a lp admin or possibly just a rent a cop....So more then likely it wasnt up to a managements person irresponsibility

OK, so a UPS representative initiated the illegal tow.

 

[trplnkl]

Trpkl, the person who decided to call the tow company was probably a lp admin or possibly just a rent a cop....So more then likely it wasnt up to a managements person irresponsibility

Drewed, you are running out of whitewash on this one. There is no way you can spin this as being anyone's responsibility but UPS's. End of story. (to borrow from you).
Q. Who does the LP Admin work for?
A. a UPS management person.
Q. Who is responsible for the LP admin's actions?
A. The same UPS management person.
The same logic can be followed by all your attempts to relieve UPS from responsibility of this irresponsible and illegal act. Besides all that, you have no idea who made the call......do you?
Plain as the mud on your face, It is UPS's responsibility to repair OP's 4X4 problem.

 

[BrownSuit]

As others recommended, despite the value of your vehicle, if the Hub Manager refuses to do anything, I would bring him copies of estimates from Mechanics including a letter detailing the likelihood that the damage had been there for more than a week. The fact of the matter is that in order to travel to and from your place of work, given the conditions, 4X4 or Snow Chains are required.

Both UPS and the tow company are on the hook for this one. I'm guessing there probably isn't even a sign that says "Lot Protected by such and such, cars left will be towed" or something to that affect?

I know it sounds like a lot of your time, but you need to pursue this if nothing else than to keep it from happening in the future. Chances are that they call the same tow company. The company will think twice the next time they are called out there.

Also, as was mentioned earlier, it's doubtful they used a flatbed to tow it, although that sort of damage can just as easily occur with one.

You may want to file a police report for destruction of property/vandalism.

 

[stevetheupsguy]

I dont think you come after UPS, itd be the tow company youd come after....
Did you park it somewhere you werent supposed to?
And I would think it would be hard to prove that it was working before?

Except for the fact that he drove it to work that day, in the first place.

It would be just as hard to prove it wasn't!

Ditto.

Name both in the claim.

Ditto.

I agree with you. I'll probably have to go to 2=3 repair shops to have it checked out.

I'm sure UPS is gonna have me jump thru hoops to get it fixed if it was in fact the tow co fault. Probably turn it around and blame me for having a beater car in the first place.

Do what you have to.

Mono Lisa Vito could help here...

LOL, funny that was, Vinny.

I have to agree with drewed, its the towing company you need to sue. However, how shi**y that UPS didnt check. I have been to my local hub and swaped cars with my driver and there are quite a few clunkers in the parking lot. That sucks!

I notice you use this phrase a lot. Is that a pet name, and will you be calling him that on the cruise?

as a side note "Puteh" means white and "Orang" means person in Malaysian.

My folks were in the Peace Corp in the early 70's and I was the only white kid in the high school.

Everyone used to yell "OP,OP,OP!!!" when I walked by. I asked a classmate what that meant and he said "white Person"

"OP" is a derogotory term. Not as bad as the "N" word but almost. My family made it into a joke and I did also at school and then everything was fairly cool with the people who took the time to get to know me,

With student body of 600 and one of the only white families living in a small town for two years , it was a very interesting lesson in racial relations to say the least.

The Malaysian people are brown and just like everyone else in the world. They tend to dislike people who are "different" They considered white people as "devils"

But I loved it there. The food is unbelievable, most people were friendly and the women are drop dead gorgeous!! In the outlying areas they don;t wear tops. Think Hawaiian and you get the general idea
For a 15 year old it was both paradise and torture.

OP

You learn new things everyday. That must have been some experience. Peace Corp, Malaysia and the barenaked ladies. Makes me wonder what ORANGUTAN means.

As others recommended, despite the value of your vehicle, if the Hub Manager refuses to do anything, I would bring him copies of estimates from Mechanics including a letter detailing the likelihood that the damage had been there for more than a week. The fact of the matter is that in order to travel to and from your place of work, given the conditions, 4X4 or Snow Chains are required.

Both UPS and the tow company are on the hook for this one. I'm guessing there probably isn't even a sign that says "Lot Protected by such and such, cars left will be towed" or something to that affect?

I know it sounds like a lot of your time, but you need to pursue this if nothing else than to keep it from happening in the future. Chances are that they call the same tow company. The company will think twice the next time they are called out there.

Also, as was mentioned earlier, it's doubtful they used a flatbed to tow it, although that sort of damage can just as easily occur with one.

You may want to file a police report for destruction of property/vandalism.

Very true and I agree. On another note, as far as flying under the radar. Who cares if you come into plain sight for awhile. Best to put a face to match with that car, so's next time they think twice.