Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 44723 times)

Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #165 on: April 07, 2016, 12:23:58 AM »
So... you parked illegally, you admit you parked illegally. So on what basis did you dispute the charge?

He was back before they towed it. 

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #166 on: April 07, 2016, 12:41:05 AM »
I run outside as they're almost done hooking it up and they start screaming and cursing as I try to get into my car.

When you came out, what exactly had they accomplished already? Please elaborate.
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Offline yomo

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #167 on: April 07, 2016, 02:32:12 AM »
I don't think he's asking if it was right to dispute the charge. Can it potentially be a felony/what's the worst that can happen?
Yes! That is the question! Thank You!

Offline yomo

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #168 on: April 07, 2016, 02:33:07 AM »
He was back before they towed it.
+1
I have a witness and documented in police report that I was trying to get into my car as they drove off..

Offline yomo

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #169 on: April 07, 2016, 02:34:39 AM »
When you came out, what exactly had they accomplished already? Please elaborate.
They were quickly finishing the process of tying it up and loading it..

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #170 on: April 07, 2016, 10:05:50 AM »
+1
I have a witness and documented in police report that I was trying to get into my car as they drove off..

Irrelevant.

They were quickly finishing the process of tying it up and loading it..

So the car had not yet been moved? Did you actually ask them to release it?
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline Aaaron

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #171 on: April 07, 2016, 10:58:01 AM »
Irrelevant.

So the car had not yet been moved? Did you actually ask them to release it?

Keep in mind, towing for illegal parking is very different than towing for repossession.

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #172 on: April 07, 2016, 11:08:48 AM »
Keep in mind, towing for illegal parking is very different than towing for repossession.

I don't know if that's true or not in NJ, but my questions involve illegal parking.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline yomo

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #173 on: April 07, 2016, 03:24:26 PM »
Irrelevant.

So the car had not yet been moved? Did you actually ask them to release it?
Yes of course I asked them and they want $300 cash right then and there!

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #174 on: April 07, 2016, 05:44:34 PM »
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline yomo

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #175 on: April 07, 2016, 05:51:16 PM »
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.
Thanks, can you show me the source for that?
Does that mean that it wouldn't be a felony to dispute the charge as its an illegitimate charge?

Offline thejerseyguy

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #176 on: April 07, 2016, 06:01:42 PM »
 
Thanks, can you show me the source for that?
Does that mean that it wouldn't be a felony to dispute the charge as its an illegitimate charge?
http://tinyurl.com/hgcutun
http://tinyurl.com/h5muh6s

Not sure if these laws apply in Coventry

Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #177 on: April 07, 2016, 06:27:37 PM »
*If* you asked them *before they moved the car an inch* to release it, they broke NJ law.

Quote
To fail, when so requested by the owner or operator of a vehicle subject to nonconsensual
towing, to release a vehicle to the owner or operator that has been, or is about to
be, hooked or lifted but has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the owner or operator
requesting release of the vehicle more than the decoupling fee specified in the tariff.

So the shaila is, that there is no comma after "moved." So maybe you would read it "moved ... from the property."  Meaning, that it was already totally off.

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #178 on: April 07, 2016, 07:00:39 PM »
So the shaila is, that there is no comma after "moved." So maybe you would read it "moved ... from the property."  Meaning, that it was already totally off.

Come on, as a matter of statutory interpretation, such a suggestion offends me.  If you're right, it would render "or removed" superfluous, something the canons of construction proscribe.

Your suggestion:
Quote
To fail to release a vehicle that has not actually been moved, or removed, from the property when the vehicle owner or operator returns to the vehicle

However, the alternative is also problematic.

The other possibility:
Quote
To fail to release a vehicle that has not actually been moved, or removed from the property, when the vehicle owner or operator returns to the vehicle

Frankly, it is a poorly drafted statute. Reading it, as you suggest, to say "moved . . . from the property" renders "or removed" superfluous as having "or removed" adds nothing not already provided for by "moved." (To "remove" it you would necessarily have to "move" it.)

At the same time, reading it the other way, "but has not actually been [(i)]moved [(ii)] or removed from the property" renders the entire second clause superfluous, as again, removing it inherently involved moving it.

The only thing I can think of is that "move" refers to public parking space, e.g. on the street, where as "removed from the property" refers to property which is otherwise private.  If so, though, that would mean a person could request that a car be released even after it's totally hooked up and entirely moved from the private space, but still in the private parking lot, something which doesn't make sense.

Who knows. Poor drafting.
« Last Edit: April 07, 2016, 07:16:31 PM by AJK »
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #179 on: April 07, 2016, 08:47:54 PM »
Exactly.

I guess it would help to see the whole statute. I assumed since it said "the" property, that all movings were from a referenced property.  But maybe not.