Mile Square Towing Sued…
I’ve personally never had a problem with Mile Square Towing in Hoboken (luckily) – but one resident and Hoboken411 reader did – and decided to challenge them!
Don’t get taken advantage of!
“I would like to make people in Hoboken aware of a recent court case brought against Mile Square Towing by my husband and me. I would love to see an article about it on 411 to notify people. Actually, when a friend heard of our recent victory, he suggested that I email 411. Logical, as I read the site everyday and so do most people we know in town.
Here is how it goes: On January 13, 2009, my husband’s car was missing from our private parking spot in our condo association lot. We initially reported the car stolen and then we were referred to Mile Square Towing by the police. Of course, living in town for the last 9 years, I am well aware of their practices – but never considered that our car would be removed from a private spot. It was — based on a phone call from a man who stated that he was the owner of the parking spot. Mile Square asked for no documentation to confirm same (tax bill, deed, etc.) and instead, relied on a phone call and had our car removed.
We had to pay $180 cash in the middle of the night for the car to be released.
Find out how they fought back, after the jump!!
(Mile Square Towing Victory, continued…)
“We thought that this was particularly unjust and requested our money back several times to no avail from Mile Square. I remarked that if someone could have our car towed from a private spot with a phone call, how did that stop me from calling Mile Square in regard to any spot in town and reporting an unauthorized vehicle that I wished to be towed? They did not get it and refused to refund our money.
In my capacity as an attorney, I did some research and found the Predatory Towing Act, which requires strict compliance in several areas of towing. The Act went into effect in October 2008. Low and behold, Mile Square had violated many of the provisions of the Act- including forcing us to pay in cash when they accept credit cards (I presented our ATM receipt in court evidencing removal of said cash at 12:15 in the morning); not having a written contract with the area of towing (ie: an agreement with the management company and/or the condo association to remove cars from their lot- confirmed by our property management company and condo board who all were prepared to testify); failing to have proper signs stating the name of the towing company, the address, the charges, etc (all required under the Act and our association contains no such signs- we had the pictures of our lot to prove it.)
I filed suit against Mile Square in February for costs and attorney’s fees based on negligence and violation of the NJ Consumer Fraud Act, under which the Predatory Towing Act falls. I requested that another attorney from my office be appointed as trial counsel so that we were able to collect our fees in a trial.
In court last Friday at the Hudson County Superior Court Special Civil Division, Mile Square Towing settled with us for $180, plus the price of our filing fees in the amount of $42, and $2,000 for attorneys fees.
I think that a proper settlement was reached. In our town, I don’t know a single person who has not had a bad towing experience at the hands of Mile Square. Therefore, I would love to be able to help others in regard to suing for a return of their fees if unlawfully towed by Mile Square. The Predatory Towing Act in broad in its protection of consumers.
Thanks and keep up the good work!”