Last Updated on October 26, 2017 by Lawrence Berezin
The odious boot and tow two hours later must stop
I followed the boot and tow from its birth as a pilot program, citywide implementation as a kinder alternative to just plain towing, and transformation into an insidious revenue-raising monster.
I was alerted to this evil practice by two wonderful members of the NYC driving public. Let’s call them Mark and Karen. Here’s the story.
Mark’s car was parked illegally on a snow day (he didn’t move it in time). When he visited his parking space later in the day, it was empty. Mark made the usual calls and located his car at the police pound.
He was informed that a boot and tow two hours later caused his chariot to be impounded.
Mark was charged a boot fee and tow fee, and found a piece of paper stuck on the windshield warning him if the boot wasn’t removed in two hours, the car would be towed.
Ditto for Karen, except she unwittingly parked in a temporary construction zone to earn her boot and tow.
[This is Part One of a Two-Part Series].
Here’s what the warning looked like
What are the rules for boot and tow
According to the Department of Finance website, and Boot FAQ, a member of the driving public has 48 hours to remove the boot before her chariot is towed.
How do we put an end to this illegitimate behavior?
I’ve tweeted a couple of questions to the Evil Empire (@NYCFinance) to find out whether they consider this legal. If I don’t receive a reply, I’ll write to various members of the NYC Council.
If I don’t receive a reply, I’ll alert the media, and so on and so on…
Commentary
“Ask and it will be given to you; seek and you will find; knock and the door will be opened to you,”-Mathew 7:7
I am a furious old Jewish guy quoting Mathew 7:7…Who would have thunked it?
I am asking, seeking, and knocking at the door of the Evil Empire to find out what law, rule, or custom empowers the NYPD to charge double the fees for applying a boot and two hours later towing a vehicle.
I cannot find the authority. But, can’t imagine that the tow pound is acting ultra vires and without the proper authority to take our money.
Please enlighten us.
it ain’t over ’til the Evil Empire sings.
Stay tuned, more to come.
[Larry’s note- thanks to a wonderful website that made the feature image available to download. Thanks “Design Your Way.”
Here’s a link to Part-Two (contains Twitter Conversations, Immobilization Rule, Analysis, and Commentary).
Larry,
I got a ticket yesterday due to a no parking anytime sign that must have been erected sometime in the day and likely while my car was there (I live across the street).
My question is: How do I prove when the sign went up? I took some pictures of loose dried cement around the sign sitting on top of the snow that fell this Saturday, is that enough?
I would note that it may have been designated a no parking zone way back when, but there has never been any sign in the 3 years I’m living here and the spot has been in constant use by all. would this affect the 5 day law?
Aron,
Good afternoon.
Man, it’s dangerous out there.
The basic way to prove date of installation is by making a FOIL request to the DOT. However, you’re not going to get a rapid reply. (You’ll find a link to the FOIL request on the Resource Page of our website).
Another way may be to immediately check the DOT parking regulation map. Here’s a link http://www.nycdot.info/
If it’s not there, that is pretty good (not perfect) proof that the parking sign was installed within the past 5 days.
The DOT is supposed to display parking signs within 24 hours of installation…(in a perfect world).
The wet concrete is a wonderful thought but will not establish the installation date of the sign…Sorry.
Good luck.
Best,
Larry
Larry,
Thank you very much for your help.
Unfortunately, the location has already been marked for No Parking Anytime on the DOT map, so I’ve sent in a completed FOIL form.
I’ve also noticed this morning that they erected another two signs around that same triangle that was not there last night. I cannot fathom their reason for these new No Parking zones. It’s going to make parking around here a lot harder than it already is. Are there any ways I may be able to appeal these decisions?
Aron,
Good.
Are you referring to appealing your prospective parking ticket decision…Or appealing the decision to kill all the parking spaces with these three signs?
Best,
Larry
The latter.
I recently received a “boot and tow” I had zero tickets in judgment.
What is the basis of the law that permits this?
Isn’t this an executive agency acting as judge, jury and executioner all in one?
since when is 2 hours notice deemed “notice”?
Also, why did they bother socking me with the extra fee for booting? why not just “tow and go” and save the time, money and aggravation?
Clearly a kickback thing to a towing company or booting company or just another way to raise revenues but I think this practice reeks.
Last question, where does the money go when the NYPD does a “same day boot and tow” ?
On the NY Dep of Finance page it clearly states you WONT be towed unless you have 350 in outstanding judgments but the NYPD told me that if the NYPD tows it can be done for any wrongful parking at any time….
If so… why do we have ticket and traffic officers? why no trade every officers gun for a tow truck and let them run amok? it sounds a lot more profitable to me….
Hello! I parked my yellow taxi on the west side of 44th St between 8th and 9th Ave. The sign says no parking between 8am to 8pm all days. The day driver arrived late and a boot and ticket was on the car. Why would they put a boot on the car? There was no two hour notice on the car either. My question to you is whether or not these boot fees can be returned?
Cherie,
Good morning.
I feel badly about your painful boot experience.
Boot fees are refunded if you beat the parking ticket.
Good luck.
Larry
Good morning. It’s 7.45 am and cannot stop thinking about what happened to me the day before.. I park my car on Atlantic Ave in Brooklyn but did not realize it was next to a church and a no parking sign but I did feed the meter. Within 25 minutes I was back to find a boot on my car and a parking ticket for $ 60 and a booting fee of $ 185. The officers who booted me was still around and they say that I park next to a no parking sign. My question is what I should have done.
Hi Cyrina,
Good morning.
So sorry to hear about the parking pain and boot.
If you parked illegally, you may want to check for omitted, misdescribed, and illegible required elements on the ticket.
If you find one or more, you are eligible for a dismissal of your ticket, upon application and proper proof.
Good luck.
Regards,
Larry
Hi
I parked in a no parking spot yesterday (my bad for not checking as I always park there on Sunday). It was a rental car and it had no outstanding tickets.
I got a:
– parking ticket: $115
– boot : $185
– towed car: $185
Do I have to pay the fine and boot if my car was towed as well? Do they have the right to boot the car since it didn’t have $350 or more in tickets in judgement?
Thanks
Hi, Stefano,
There are many nasty things that can happen to you and your chariot it Parking Ticket Land. The boot and tow double whammy is the most hideous.
The law allows a car to be booted with a notice left on the car that if the boot is not paid and removed in 2 hours, it will be towed. Horrible!
I’m very sad to say that what you got, you owe UNLESS you can figure out a defense to the original violation.
Did you check for omitted, misdescribed, or illegible required elements? Was the registration expiration date entered on the front of the ticket?
Regards,
Larry
Hi,
I doubled parked my car (my fault) and when I went back my car was gone. Called NYPD and they stated that they did not issue a tow and my car was nowhere to be found in any of the impound lot. They did however stated that it was ticketed for double parking. They then advised me to report a stolen vehicle and call 911. So I did and while waiting for about 2 1/2 hrs for police to come so I can file a report an anonymous number called me and said we have your car and we can release it to you by tonight if you pay us $500 in cash!
So apparently it got towed by a private tow company called hardcore towing and removal LLC and according to them and the 46th precinct that they can “legally” tow any car with a ticket even without police authorization.
Is this factual? The NYPD basically has given these private tow companies to go fishing for ticketed vehicles and tow them on their own accord without having the NYPD issuing a tow.
This feels like extortion to me, what do you think?
Thanks
Hi Joe,
What a scam!
I haven’t heard of this type of predatory towing on a public roadway.
Besides, my understanding is that the price of towing is $125 per day and storage costs.
I would contact the Department of Consumer Affairs, and check out this link for more information.
Please keep me posted, Joe.
Good luck.
Regards,
Larry