20 Jun, 2013 → by ClaimboUser369710
Predatory Towing Practices

On Wednesday, June 19th I was eating lunch at Panzari’s Italian Bistro between the hours of 1pm and 2:20pm. Due to the lunch time the rush, the parking lot was very full so I parked outside of your pub which is located in the same parking lot as Panzari’s. When I had finished lunch, I went back to my car to find it missing. I went into your pub and spoke with a bartender asking her if she saw someone take my car and was told that it was probably towed. She was very aloof and didn’t seem to know where any of the signs were in the parking lot giving me the name of the towing company or why it was towed. I eventually found a sign noting the towers name and address, however the red & white sign above this sign stated that the parking lot was for restaurant and shopping patrons; I was a restaurant patron. Because this sign states you must be a restaurant patron to park in the parking lot and my car was towed even though I was visiting a restaurant in this lot, I believe I was a victim of predatory towing. The City of Rochester law (ordinance 83-317, section 108A-7) regarding towing practices clearly states, “The signs shall state that unauthorized vehicles will be towed at the vehicle owner's expense and shall contain the towing company's name, the telephone number to call to retrieve towed vehicles, and the street address where towed vehicles may be retrieved.” I took video and pictures of all the signs in that parking lot and can prove that there is no sign that states the parking places in front of Nathaniel’s Pub are specifically reserved for patrons of the pub while also stating that if you park there, your car can be towed at the owner’s expense. Today I called TNT Recovery, the company who towed my car and was told that they are contracted by Mark IV Enterprises. So I called Paul Secor at 232-1760 and explained the situation asking for my towing expense to be reimbursed. Paul told me he wasn't going to reiumburse my towing expenses because "there were signs all over the place that you can't park in front of Nathaniel's." I acknowledged that yes, there was one sign in the corner of the Nathaniel's building in red letters that states parking for Nathaniel's only. However this sign doesn't comply with the law stating that my car can be towed at owner's expense. Paul then said that this sign existed on the pillars to the entrance of the lot tho which I replied that yes they did exist, but they stated the parking lot was for restaurant and shopping patrons only. I was a patron of Panzari's, a restaurant located in the same Corn Hill Landing Plaza. He then said that the Nathaniel's parking spaces are privately owned and I needed to contact them. Andrew Schram is the owner of Nathaniel's. I am now contacting Andrew via phone and letter to get my fees reimbursed. If my request isn't complied with, I will then be forced to take this issue to court.
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