Bike in impound!! | Page 2 | GTAMotorcycle.com

Bike in impound!!

Hint, if the towing and storage charges are insane, you do have recourse.

Firstly, attend the towing company in the MORNING and obtain a copy of your invoice, and it must be detailed, with tow charge, storage charge, and any additional charges. If the amount is excessive, ask for a break. If they say no, read below.

If the charges are insane (example, reasonable flat bed service is $60-100 for a tow, $1.50-3.00 per KM for mileage for tow, and Outdoor secured storage for a motorcycle should be between $50-$100 per diem) do the following:

Attend your local small claims court with your invoice and the tow companies business details. Pay the invoice amount to the court clerk to contest the invoice. There will be a $50 or $100 fee for the court services. The clerk will give you a court certificate for the amount you have paid. Get a copy of said certificate for your records. Take that certificate to the tow company and give it to them, the same day.
Do all of this in the same day.

The tow company must then release your vehicle in a reasonable period of time, usually same or next day. Then, in order to get the money from you, they must successfully sue you and WIN to get all the money. They have to prove that their charges are reasonable. You can in turn do your own homework, and obtain written quotes from other companies to compare their charges with.

There is a check and balance to tow company fees and what they charge, it just is a massive pain in the butt.
 
When I caught my 172 it cost me about $650-$700 just to get it out of storage.

I got caught allegedly going much faster than you and I got it dropped down to a 49km over speeding ticket.

It was 10 months of anxiety and stress. The worst 10 months of my life waiting for trial. People dont realize how easily a stunt driving conviction can cripple you financially

But im sure you will get this dropped down!

If your trial is in Newmarket (or even if it's not) call Moe Buckle, at www.trafficticketadvocates.com. This man is amazing and saved my ***. His office is inside the Newmarket Court house
 
Grimmy said:
Hint, if the towing and storage charges are insane, you do have recourse.

Firstly, attend the towing company in the MORNING and obtain a copy of your invoice, and it must be detailed, with tow charge, storage charge, and any additional charges. If the amount is excessive, ask for a break. If they say no, read below.

If the charges are insane (example, reasonable flat bed service is $60-100 for a tow, $1.50-3.00 per KM for mileage for tow, and Outdoor secured storage for a motorcycle should be between $50-$100 per diem) do the following:

Attend your local small claims court with your invoice and the tow companies business details. Pay the invoice amount to the court clerk to contest the invoice. There will be a $50 or $100 fee for the court services. The clerk will give you a court certificate for the amount you have paid. Get a copy of said certificate for your records. Take that certificate to the tow company and give it to them, the same day.
Do all of this in the same day.

The tow company must then release your vehicle in a reasonable period of time, usually same or next day. Then, in order to get the money from you, they must successfully sue you and WIN to get all the money. They have to prove that their charges are reasonable. You can in turn do your own homework, and obtain written quotes from other companies to compare their charges with.

There is a check and balance to tow company fees and what they charge, it just is a massive pain in the butt.
Click to expand...

Thanks for the info.
Can you clarify something.
What legally compels them to give you back your bike after your said process and if they are being difficult can you call the Police to retrieve your bike?
 
IV. said:
Thanks for the info.
Can you clarify something.
What legally compels them to give you back your bike after your said process and if they are being difficult can you call the Police to retrieve your bike?
Click to expand...

The issue falls under the purview of The Repair Liens and Storage Act; specifically Section IV, dispute resolution:

http://www.search.e-laws.gov.on.ca/...a3/3/doc/?search=browseStatutes&context=#BK25

Refusing to release the vehicle is refusing to comply with a lawful court order.
 
Heh, I forgot about ya in this forum Rob! Too darn efficient!

Problem with link though, but Rob is absolutely correct, it is covered in the Repair and Storage Liens Act.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90r25_e.htm#BK25

That link should work for Section iv.

The operative part for the release of the vehicle under the RSLA:
Release on interim certificate

(6) The applicant shall give the initial certificate to the respondent who, within three days of receiving the initial certificate, shall release the article described therein to the applicant unless, within the three day period, the respondent files with the court a notice of objection in the required form. R.S.O. 1990, c. R.25, s. 24 (6); 1998, c. 18, Sched. E, s. 266 (3).
Click to expand...

So, as you can read, they have 3 days after you providing them the certificate to provide your vehicle. If they continue you hold your vehicle, you 'could' call the police for assistance, as they are unlawfully holding your property, OR you could be entitled to compensation for loss of use, etc. However, that would more than likely be in the form of damages from the payment for a rental vehicle to replace your vehicle while it is in the unlawful possession of the tow company which will not release it. You would claim this as a Defendant's claim or counter claim to the Tow company's impending claim, and you would have to provide copies of receipt/invoice for the rental vehicle.

Note: Any tow company worth their salt will know what the certificate is, and will likely release your vehicle the same day, if not immediately.
 
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