Philly pays $30K to two 'courtesy' tow victims, but class-action suit continues
inquirer.com
inquirer.com
I can see needing to move a vehicle in an emergency, but for special events and construction this shouldn't be needed in most cases. The city knows months in advance the date on which the streets need to be clear. They should plaster the neighborhood in warning notices a month before the event, then go through again the night before to check for stragglers who'd forgotten.
If people seriously end up thinking their car got stolen, there's a massive failure of communication. My thought should be "oops, I forgot about the event", not "where the hell is my car?!"
As a thought experiment, imagine that the city government was motivated to find a car's owner for some reason, perhaps as a suspect or witness of a serious crime etc. Meaning if they have your plate number and think you're a murderer, they will definitely find you and communicate with you (the message that they communicate will be "come to the police station").
I claim this is a proof by construction that they could communicate with you by some method other than posted signs, if they actually wanted to. And they just choose to do the laziest possible "post signs" solution because of basically incompetence/laziness, not because there's no other way for them to identify and communicate with a car's owner.
Also when they tow you it’s to a lot, they don’t just dump you on some other street like in Philly.
My email's on file with the DMV; I get emails when my plates are due for renewal. Local law enforcement likely has access to that database.
In theory if the city had its act together and had a way to let you know where your car had been put (and a process to ensure it's not placed somewhere you'll get ticketed), this is a much fairer option than carting cars off to an impound lot, which are privately run and generally notoriously bad in terms of hours / fees / ease of retrieving your car.
Philadelphia is also the first place I have lived where parking in the center median of major thoroughfares is normal:
https://www.google.com/search?q=philadelphia+center+median+p...
Speaking of, I live a block off South Broad Street (most of the images in the link) and not too long ago there was a marathon that required clearing of that street of all parked cars for its entire length. It _was_ well communicated, well in advance but you can imagine that if parking is tight when the street side parking _and_ the center median is chalk full of cars, relocating is difficult. I don't know if any cars were relocation towed, but I know the night before the event I still saw some cars parked on Broad.
I still think there are communications issues, the city should have a way for owners to find their car. But I also think it's a bit more complex than your first take. Communication is hard and at the scale of Philadelphia I am not too surprised that there are cases where things can go awry between all the various bureaucracies you have to interact with in something like this. I also think it's pretty reasonable that the lawsuit is looking to force improvements, not do away with the system.
Nobody puts signs up
Nobody gives notice
Nobody gives a good God dammed.
Park where you can, hope your car is there tomorrow, hope there isn't a gas leak, road collapse or towed randomly
Its so absurd we had a TV show called Parking Wars.
I was courtesy towed last week. I spend a year backing down a narrow (one car width) alley because we had a pothole the size of Alaska. I pushed an abandoned car onto broad street during rush hour to get it towed after 6 months. I had my car towed because of a local celebrity funeral. All my tires were slashed during the BLM riots. My friends car was flipped at the Phillies parade, anothwrs at the eagles rally. I've gotten hit with a baseball bat for asking someone to move their car.
Welcome to hell
Edit: did I mention our parking "authority" is extremely predatory, run as a nepotism program for local Republicans, siphons money from the city and has been routinely found to be absolutely kafkaesque. So bad they actually had their own petty court removed for being a essentially kangaroo court?
There's a whole history with parking here.
Yes, if our city was even one iota of a normal place we would expect these things. Instead we drop our pants and bend over because, well actually I don't know why we do, Stockholm syndrome?
I was parked in the middle of Broad and Snyder (in this section of South Philly it’s acceptable to park illegally in the middle of the street) because I couldn’t find another spot and had a flight to catch.
Came back a week later, car gone. Walked around for a couple hours then approached a cop parked nearby. After quite a bit of back and forth on the radio he told me my car was parked over 20 blocks away, curtesy tow.
Another time I parked on a Thursday, slept through a hangover on Saturday and missed the police posting for a street festival. That was some ordeal getting it back on Sunday. Took a couple hours and I think $250 or so.
I grew up in Seattle but lived in Philly for 2 years and this was one of the strangest things to me. In many cases they don't post _any notices at all._
I knew enough people who got "courtesy" towed with no records that I added a GPS tracker to our car to make sure I could find it.
See also: https://www.inquirer.com/news/courtesy-towing-south-philly-p... https://www.inquirer.com/news/towing-philadelphia-parking-au...
From a smaller data sample, parts of Oregon also do this as well.
Did they not do this?
Something similar happened to me where my car was towed to the yard (law says it should've been relocated iirc) for being parked in a construction zone while I was on vacation. When I got back I didn't check on my car for a few days and when I finally went to my car, I found it was towed and that I needed to pay $800 to get my car out. Thing is -- the permits for the construction on that day were canceled. So they did construction without a permit.
So when I attempted to contest it in court, I was pulled aside by the city's legal staff and told that they were throwing out the tickets, fines, and storage fees because they... didn't have enough information on the tickets. The judge signed the release and I had my car two hours later.
It's hard to give any ounce of good faith to these systems when they do things like not tell you they're throwing the tickets out before the court date, nor do they have any semblance of automation to find those sorts of ticket gaps. For me, I was able to take a couple days off of work to do research and go to court, but that's not the case for so many people.
I want to sue (towing fees became larger than what I put into the car) but I have no idea how to proceed? I don't have a family to depend on for this kind of advice. The market has been so insane since that I still haven't purchased a new car.
Open to any advice about how to not let these bastards win. My car was straight stolen from my parking spot, with everything inside.
It could be the argument for a sitcom. Not funny in real life when police is pointing a gun at you.
“Oops the dystopian government black bagged the wrong person because of a typo. So sorry! Here’s a check for the inconvenience.”
However, since it was in a different state, perhaps the registration database wasn't available - only the stolen vehicle database was.
> “My sergeant on the scene received information from Philly PD, who said, ‘Go ahead. Lock her up. It’s [a] good [arrest],’” Long Beach Township Police Chief Anthony Deely said in 2020.
https://pressofatlanticcity.com/news/crime/a-philly-police-c...
So they even approached her at gun point. And the initial tow and police report was due to police stupidity.
Now I don’t want to profile people, but she looks like a regular person and she reports her height as 4ft 11. At what point did the police feel threatened enough to draw weapons?
But regardless, cops put cuffs on everyone they arrest. The point being that they don’t know who is going to fight you to get away. People will fight to escape over the dumbest things.
It’s not really a huge injustice to sit in cuffs for a couple minutes while cops verify wtf is going on. I’m the first to criticize the cops but this isn’t really that kind of situation.
If I reported my car stolen, I would expect the cops to have a reasonable assumption that the person they find it with could be the thief.
The rental agency ended up giving me a free rental and a credit for another free day or something on a future rental.
Being forcibly detained is traumatic. Especially when you know you’re being detained wrongly. I’m speaking from experience here, and as someone who has received a settlement in a wrongful arrest suit.
There’s nothing reasonable about armed officers of the state putting someone in handcuffs without any prior effort to ascertain the appropriateness of that person being in handcuffs. Asking for license and registration is routine. If anything after that suggests they have actually stopped a car thief, the next appropriate action might be to forcibly detain them. It might also be more appropriate to question them further without force.
Putting a car’s rightful owner in handcuffs because their car had been towed without their knowledge, and they understandably reported it stolen when it wasn’t where they’d left it, and then they had the temerity to drive their own car after it had been recovered, is cruel. All of the prior facts would already be unbelievably stressful for most people. And of course no random cop is gonna know all of those prior facts, but that’s why they should ask questions before acting.
Let me reiterate: being forced into constraints by armed agents of the state who have broad authority, and get broad allowance, to use their monopoly on violence is terrifying. It’s even more terrifying when you know you’ve done nothing to warrant it, and especially when you’re being treated that way because of other wrongs done to you.
I think the word you’re looking for is “comprehend”. I do comprehend why police act aggressively without cause or warning. I don’t think it’s benign. I do think you’re very fortunate not to know that.
Was it awesome? Nope. Do I get that cops aren’t clairvoyant or omniscient and sometimes people get put in and then taken out of cuffs without being arrested? Yup.
I’m far from the most vulnerable to police abuse. If it’s affected me this much, I have no reason to doubt how much it’s affected people who are more vulnerable. If having my relatively mild experience so callously dismissed feels like being left on my own to suffer whatever trauma I remember, I can’t imagine how it feels for people who experience police violence alone.
No. I don’t give the police the benefit of the doubt. And you won’t convince me to by dismissing my relatively minor traumatic experience and expecting me to extend that dismissal to people who have much worse experiences.
Both seem valid to me. The world doesn’t owe you foam padding at every turn.
That it’s equally valid doesn’t necessarily mean it’s equally important. My experience is less important speaking to how traumatic police encounters are, than experiences of people who’ve experienced worse trauma. It’s just as valid that I don’t share their trauma too.
The world doesn’t owe me anything. It’s a rock hurtling through space that has an unusual concentration of life on it. No one here owes me any consideration at all, “foam padding” or otherwise. But I don’t owe anyone a failure to advocate for myself, either. And I don’t owe anyone a failure to articulate when I think an attitude or argument is harmful or selfish, nor a failure to try to appeal to their better intentions.
Your much more severe interaction which included bludgeoning is totally valid but not a direct analog to her (and my) much less severe interaction.
I’m sorry if my words caused you harm. (That’s meant genuinely, as tone cannot be conveyed in text reliably.)
Absent this, one of three conditions exist;
1. There is no monopoly. In which case violence is widespread, and there is no state.
2. There is no legitimacy. In which case violence is capricious. This is your condition of tyranny (unaccountable power).
3. Some non-state power or agent assumes the monopoly on legitimate violence. In which case it becomes, by definition the State.
The state's claim is to legitimacy. A capricious exercise would be an abrogation of legitimacy
Weber, Max (1978). Roth, Guenther; Wittich, Claus (eds.). Economy and Society. Berkeley: U. California P. p. 54.
<https://archive.org/details/economysociety00webe/page/54/mod...>
There's an excellent explanation of the common misunderstanding in this episode of the Talking Politics podcast: <https://play.acast.com/s/history-of-ideas/weberonleadership>
The misleading and abbreviated form that's frequently found online seems to have originated with Rothbard in the 1960s, and was further popularised by Nozick in the 1970s. It's now falsely accepted as a truth when in fact it is a gross misrepresentation and obscures the core principles Weber advanced.
They could do vastly better than the status quo with century-old multi-part paper form technology. "White Copy - Central PD Tow Office", "Yellow Copy - Precinct PD Tow Clerk", "Pink Copy - DMV, to mail to vehicle owner", ...
This kind of worse-than-brain-dead sh*t-show is why so many people emotionally identify with "the government is the problem", "de-fund the police", and similar slogans.
Those people are right. That is not just emotional, that is rational - that is the only sane attitude towards the fact that these groups with the power of violence over society are so incompetent or even malicious.
Another version of government could and should use its power to prevent these kinds of abuses rather than enable and benefit from them. But that form of government would look radically different from the one we have.
But why should they have to? It’s 2022, get a LoJack or AirTag for your private property that you leave lying around illegally in public space.
they were "courtesy towed" because the space became illegal after the car was already there
Based on the stories here, not not sure this is happening.
So you can screw with some people, maybe get a bribe to help them. It isn’t unreasonable to see why government employees are unhelpful - the system is dumb, wasteful, and nothing they do can fix it, and leaving the job means they will never have it as cushy again.
Can you point to any bribery for common, "retail" interactions with local governments? Outside the south? I'm actually curious, I didn't think most of the country was that far gone yet.
15k is a ton for many people and probably well more than the inconvenience this one guy suffered.
But it's insubstantial compared to the cost of this case turning into a class action and getting the city to actually have to change something, and it sounds like it's insubstantial compared to the total harm of this program. Especially cases like the woman who was nearly arrested.
Clearly a lose lose for Philly, which is not surprising with such a shit show of a policy.
No, the asset is being moved, not retained by the mover, and it's ostensibly being done for the public good (edit: see the link further down the thread for why this matters). If _eminent domain_ isn't theft, this definitely isn't.
> Does it matter if it's done by a private towing company?
Not if they're deputized.
I don't get this argument. If I take something which doesn't belong to me, say from a store, and move it two blocks away and put it down, I would still be stealing right? Is the perpetrator required to 'retain' something for it to be theft? If I'm caught while stealing and drop the item, "I just moved it without the owners consent" probably isn't going to cover me.
> If _eminent domain_ isn't theft, this definitely isn't.
Clearly I'm not especially acquainted with the law, but when the government exercises eminent domain doesn't it have to go through some legal process? And my understanding is that owners must be compensated for the property that is taken under eminent domain.
No, not if you don’t intend to deprive the rightful owner of it (although good luck convincing anyone that you lacked such intent).
https://www.law.cornell.edu/wex/theft
> Theft is the taking of another person’s personal property with the intent of depriving that person of the use of their property
> although good luck convincing anyone that you lacked such intent
So it sounds like in the courtesy towing context, the city claims that it doesn't have any intent to deprive people of the use of their property, but it's behaving in a way which a reasonable person would totally anticipate would lead to people being unable to use their property (by dropping vehicles in locations which are never communicated to the owner).
The actually interesting legal question revolves around who (if anybody) is liable in this situation.
I'm not aware of any jurisdiction that doesn't have a law that covers unauthorized use of a motor vehicle, so I can practically guarantee it is illegal.
In Philadelphia I believe the relevant statue is https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.039.02... - although I'm actually unsure if towing would count as "operating" here? That's a question for their lawyer.
A crime where someone does something to somebody's property without intending to actually take the property, or not to take it permanently.
Not being familiar with this jurisdiction I can't say whether that's the actual law though. Depending on how it's defined it could easily be theft.
But what the plaintiffs are arguing is that it's failing due process at the constitutional level, which to perhaps oversimplify means the city isn't being responsible/fair with its law.
Nobody disputes it has the right to move vehicles for legitimate reasons (which these seem to be), but obviously it ought to be able to track where it moved them to and ensure it's not leading to fines and/or damage without recompense -- which it is clearly not doing. Their lawyers know the city isn't following due process, which is why the city is offering these payouts.
If the local government can’t afford to tow cars to an impound lot and pay those fees, then they can’t afford to have local events. This is simply a case of having your cake and eating it too. Local government wants all the benefits of having events with none of the negatives (like actually planning and being responsible).
I actually don’t understand why there is no system where a note is issued by the tower that informs whoever that this car was moved as part of a courtesy tow and it is not subject to fines. I don’t mean a centralised system, I mean a sticker you can just bang on there. There should also be an option where you could call the DMV and they can “page” the owner to advise them were their car is located if someone is being inconvenienced by an unwanted car that has been towed.
There are so many simple options that won’t fix the issue but at least prevent it from being hellish. The fact that nothing has been done makes me feel like this is actually quite intentional on part of the parking authority for revenue reasons.
I grew up in NYC, and have a certain immunity to deal with aloof, hostile or otherwise obnoxious city officials. I’ve been to Philly on business and pleasure a few times and… forget it, it’s a whole other level. One wedding, literally 30% of the guest had a ticket, tow or other drama.
Life is too short. Philly makes Jersey look good.
This is all normal, every day, corruption.
https://www.washingtonpost.com/investigations/interactive/20...
We called Enterprise who said the car had been properly returned by the previous customer days before, so it should be there. They paid for us to get an Uber to another available car, so we were only delayed and hour or so.
They did follow up with us and it turned out that the city had done a "courtesy tow" because the car was parked on a parade route the previous day. I'm not sure how they eventually found it, but they said that they couldn't activate the GPS tracking without delay and lots of approvals because of customer privacy issues.
Yes, we should also largely stop doing that (or at least frantically reduce how much land is dedicated to that purpose).
Parked cars are hindering transport for cars and bikes. My street has cars parked on both sides and at times there is only space for travel in one direction. So two thirds of the road width is dedicated to parking and it’s not facilitating transport.
And dropping the cars off in illegal spots, well the fine should go to the “driver” not the car.
I guess they are too lazy to change this or it is profiting someone personally?
There were "No Parking xxxday for repaving" that were posted in the (somewhat desolate, few residences) area after I have parked. Even after explaining this situation to the operators, they still insisted that the city must have towed my car because I did not pay my parking tickets. Three/four operators, same line. They had no idea where they towed my car. It took my father and I over an hour, splitting the streets, walking the neighborhood and finding the car.
Reminds me of when my motorcycle was towed from my apartment complex. It was held by a private towing company, but for some reason the city suspected the bike was stolen, so the tow lot (allegedly) couldn't release it until the city completed their 'investigation'. Meanwhile I was on the hook for every day that it sat in the tow yard (not to mention the rental car to get to work), but powerless to get it out. Eventually the city cleared it and I owed like 2k. I desperately wish I fought it but for some reason I just paid it...
The thing is that you have to pay the ticket, then fight it once (they automatically vote against you), then you appeal it, where they take a closer look at things, and then pass judgement in my favor. At times, I'm out hundreds of dollars and it takes 3-6 months for it to all resolve itself.
I'm tired of it.
London has a centralised system where you can check if your vehicle has been removed to a pound/relocated:
> Problem is, the city doesn’t have a modern, reliable way to track the vehicles’ new locations, leaving owners wandering the streets for days or weeks, looking for their cars.
This would normally be the part where I (and probably half the other people reading HN) would say that building a modern, reliable way to track this is not hard. We'd go on to outline something involving a database, probably a mobile app for the tow truck drivers, and probably a web site for car owners. We'd probably say this is a small project that could be done by a handful of developers in a few weeks and would be fairly inexpensive.
Others would then tell us that we are vastly underestimating the difficulties of dealing with the mess that city IT tends to be, and that "fairly inexpensive" would still be expensive enough that there would have to be budget meetings and studies, and maybe the web site would need to support multiple languages, and a ton of other things we've overlooked.
So I'm not going to suggest that a modern, reliable way to track this would be easy.
But why does it have to be modern? What would be wrong with an old-fashioned approach?
Require the tow truck drivers to report the license plate numbers and drop off locations and drop off date/time to the police or perhaps some other government entity which can add the information to a list.
When an owner finds their car missing and contacts the police, the police can check the list and tell the owner where the car is and remove it from that list, and add it to a log of past courtesy tows along with a timestamp.
If the owner finds that their car got ticketed at the new location before they could reasonably retrieve it the log of past courtesy tows could be used to prove that the owner did not park at the new location.
This requires:
1. Tow truck drivers have a way to report the information. Voice or text from their cell phone to a phone number maintained by the police specifically for this would cover that.
2. The police need to maintain a list of these reports. This can be handled by having them copy the information to an index card and file the card alphabetically by license number in a card file.
3. Car owners or police called by car owners need a way to check the list. They can call the same number from #1, and the people that file incoming reports can also handle checking the card file.
4. The police needs to maintain the log. That's another, bigger, card file.
So basically we need a phone line, someone who will answer that phone, a file clerk with enough time to handle these, enough card files to hold the recent records, probably a shelf or two in an office to hold those card files, and a bigger card storage system for the historical log.
EDIT: or even a picture of their license plate would capture the GPS coordinates in the image file itself. It would be so incredibly simple to at least capture the data.