Fighting a tow company's claim

7 posts in this topic

Hello,

 

Around 2 months ago I parked in a private space of a store.

 

The store was closed during the time I parked, and I had left my number behind the windshield in case of emergency. I was not blocking any doors or unloading dock, and there were 7 other empty parking spaces.

 

Unfortunately 2 weeks ago I got a letter from a towing company, claiming that the store's owner had called them to remove my car, and they sent me a bill even though they didn't actually tow my car.

 

According to their letter, the owner called them at 9:33, which means I removed my car less than 10mins after the owner called them. The store opens at 10:00 btw. They arrived at 10:30, and left soon after as my car was not there.

 

They are charging me 290Euros for having driven there and back. I looked at google maps and it seems their parking lot is only 12mins away from where I was parked, but they are charging me for an hour of their time + cost of equipment and tow car.

 

I have a few questions:

1. Is this fee reasonable? If I send them an email contesting it and requesting a reduction, would that work?

2. They threatened in their letter that they will use their lawyers if I don't pay before a date. In these situations, is it all bark but no bite? Can I simply ignore this letter?

3. In case they do have a lawyer send me a letter, do I need to respond? What would be the steps needed to be taken?

 

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13 hours ago, Blackwaters said:

Around 2 months ago I parked in a private space of a store.

 

Well, at least you admit it.

Go back there and read the tiny print on their car park notice "T&C"

 

 

13 hours ago, Blackwaters said:

1. Is this fee reasonable? If I send them an email contesting it and requesting a reduction, would that work?

2. They threatened in their letter that they will use their lawyers if I don't pay before a date. In these situations, is it all bark but no bite? Can I simply ignore this letter?

3. In case they do have a lawyer send me a letter, do I need to respond? What would be the steps needed to be taken?

 

 

  1. It's their fee. You could try to barter, but to be honest: why should they accept less ?
  2. Don't ignore - the next step is for them to sell their debt to an Inkasso office. The fee will soon double or treble.
  3. IMHO don't wait - simply pay up and chalk this down to  "I should have known better than to park in a private car park"

BTW: had the tow company actually got your car, they'd probably charge you by the minute for storing your own car...

 

 

Welcome to TT (and Germany)!!

 

IANAL

 

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My layman's take is that strictly speaking, you don't owe them anything, but whoever called them does. However, he/she could demand that you reimburse the cost to them. If I was you I'd try to negotiation their demand down. If unsuccessful, I'd pay, unless I has legal cost insurance covering traffic affairs.

 

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Jesus.

 

The car was not towed, so no towing fee applies. Who called who is irrelevant.

 

Who pays for something that never happened?

 

Do we now have theoretical fines in Germany? Based on Marx and Engels?

 

The Mods on another (poor) windup.

 

*I'm prepared to be corrected*

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13 hours ago, Chelski said:

Jesus.

 

The car was not towed, so no towing fee applies. Who called who is irrelevant.

 

Who pays for something that never happened?

 

Do we now have theoretical fines in Germany? Based on Marx and Engels?

 

The Mods on another (poor) windup.

 

*I'm prepared to be corrected*

What did happen though is that the towing service was called out, which establishes a contract between them and whoever called them. Also, the charge is not for towing, but merely a callout fee. Whoever called them is liable for it and therefore, they have a claim to be reimbursed by who necessitatet them to call the towing service.

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