| rev:text
| - This business preys upon people are ignorant of their rights. Last week, they performed an illegal tow in the middle of the night on private property. (I say illegal because they failed to post towing notices and acted without written consent, violating both AZ state law (ARS 9-499.05) and Mesa city code 10-9-2 (A)). When we attempted to retrieve the car, we were informed the fee to release would be $300 "cash only." When I pressed about the cash only transaction, they claimed their machine was down, though upon further research this is something they pull frequently. When I let them know there were no signs, they said this was untrue and that they had personally seen numerous signs in the area. Once I produced pictures they changed their stance entirely and claimed they were not required to post notices (which Mesa PD confirmed to be untrue). I'm not sure how many times a business can lie to you in a five minute transaction, but it was impressive to say the least. Legally, they had no choice but to release the vehicle, but not without threatening to bill for the balance later. However, between the time-stamped photographs, video of the incident, recorded conversation with the property manager, and after numerous calls to the local police department, I can say with 100% certainty that they will not be profiting off of this attempted con. If and when we receive the bill we will immediately be filing a complaint with our local police department for the code violation (violation of city code 10-9-2 is a misdemeanor punishable by up to $2500 and/or 6 months imprisonment), serving them an arbitration notice to ensure the "bill" is dismissed, seeking any applicable damages, pursuing charges as violation of ARS 9-499.02 is a misdemeanor that includes a fine of up to $1000, and based on the amount of similar feedback, requesting the traffic division conduct an investigation into their business practices. We will absolutely not allow ourselves to be taken advantage of in any way and will protect ourselves to the full extent of the law.
If anyone happens to find themselves in a similar situation, know your rights. http://www.azleg.gov/ars/9/00499-05.htm
https://www.mesaaz.gov/home/showdocument?id=654
If you find that a towing company violated the guidelines listed above, call the traffic division of your local police department. Know that you have the right to demand the vehicle be released with or without payment. Know that you can fight the towing charge in small claims for a minor fee ($68) which is a small fraction of what you would pay for the towing charges (which will generally cost $250-$500). If you have paid already, and the tow was outside of legal guidelines, the charges may be reversed, and if you have not yet paid, they may be dismissed. Also, if they refuse to release the vehicle, you can request an officer be sent to ensure the vehicle is released. There is plenty you can do to fight predatory towing practices. Don't be a victim.
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