Predatory Towing in Portland: The City of No Back-in Parking

By Sean Aaron Cruz

The Oregon legislature passed reform laws governing predatory towing in 2007, but the news has not yet reached the City of Portland Towing Coordinator’s office.

Predatory towers manufactured the "offense" of Back-in-Parking, colluding with the City of Portland's Towing Coordinator

None of the citizen rights passed in SB431 and SB116 are listed on the Towing Coordinator’s list of Citizen’s Rights when Towed from Private Property.

There is no place where a citizen can learn what his/her rights are, a fact that works to the benefit of the unscrupulous towers and to the Office of the Towing Coordinator itself, which is funded by towing fees gouged from an uninformed citizenry.

The Towing Coordinator has even allowed PPI predators to impose new fees and create a wholly contrived offense called “No Back-in Parking”, where a tenant’s vehicle can be towed from the tenant’s assigned space, even if it is legally parked and registered with the apartment management.

The 2007 legislature enacted laws stating that no vehicle can be towed from a tenant’s assigned space without the permission of the tenant at the time of the tow, and that the tenant cannot be required to agree to towing.

Throughout the City, however, tenants are routinely required to sign rental agreements that expressly require them to agree to have their vehicle towed from their assigned space even for the nonsensical reason for being parked in backwards. These are direct violations of Oregon state law.

The 2007 legislature also banned towers from bribing property owners and managers.

ORS 98.854 A tower may not: (g) Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the provision of: (B) Goods or services by a tower below fair market value constitutes consideration

The entire PPI business model as practiced throughout Portland is built on the principle that property owners/managers should receive free towing services. There is no other type of service that property owners get for free, but the Towing Coordinator is dug in on protecting these illegal contracts.

Operating a fleet of trucks that burn fuel 24-7 is a money-losing proposition, unless the towers have a way of forcing motorists to pay a ransom or face the loss of their vehicle, which is where the Towing Coordinator comes in, providing the official muscle, often in the form of Portland Police officers responding to 911 calls from vehicle owners. This is where your tax dollars come into the picture. And none of the police officers have been informed of the citizen rights they ought to be protecting.

The 2007 legislature required PPI towers to place warning signs at every entrance to any parking facility they are patrolling, but it is only in the past several months that the Towing Coordinator has gotten around to doing something about it.

The Towing Coordinator has even allowed PPI predators to slap a $ 20 fee on every tow to compensate the tow companies for their signs, with no upper limit, so that the signs themselves are a revenue generator.

Since 2007, failure to provide printed rate sheets has been an Unfair Trade Practice under the Attorney General’s SB 116, but PPI towers have been getting a free ride on that law also, courtesy of the City of Portland's Towing Coordinator.

~~~~~

Sean Aaron Cruz served as Senator Avel Gordly’s legislative staff 2003-2008, led her workgroup on SB 431 and participated in the Attorney General’s workgroup on SB 116.

Portland's #1 Predatory Towing Horror Story publishing again --Know your rights

It has been four years since my last post on predatory towing. The #1 Horror Story is coming back because I have learned that predatory towers have found new ways to gouge the public, because the 2007 reform laws are not being enforced, and because the public has no effective way to learn their rights when confronted with a tow-jacking predator.

Know your rights regarding involuntary towing from private property in Oregon

Your rights include:

[] The right to be provided a printed rate sheet stating the prices the tower charges for goods and services in at least 10-point type. Failure to provide the printed rate sheet is an Unfair Trade Practice (SB116). Violators may be subject to civil penalties up to $ 25,000.

[] The right not to be charged more than a price disclosed on the printed rate sheet.

[] Protection from illegal PPI towing contracts (illegal consideration).

[] The right to redeem “all personal property of an emergency nature.”

[] If a tenant has an assigned parking space, no vehicle may be towed from the space without the tenant’s permission at the time of the tow.

[] A tenant may not be required to agree to towing.

ORS 98.854 Prohibitions placed on tower. A tower may not:

(c) Tow a motor vehicle without providing to the owner or operator of the motor vehicle the information required under ORS 98.856 (Conditions requiring release of vehicle) in the manner required under ORS 98.856.

(d) Charge more than a price disclosed under ORS 98.856

ORS 98.856 Conditions requiring release of vehicle

--Tower responsibility of disclosure to owner or operator of vehicle

(2) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous written statement of at least 10-point boldfaced type: (a) The prices the tower charges for goods and services;

(3) If the owner or operator is present at the time of the tow, the tower shall provide the information required under subsection (2) of this section to the owner or operator of the motor vehicle before towing the motor vehicle.

(4) If the owner or operator of the motor vehicle is not present at the time of the tow, the tower shall provide the information required under subsection (2) of this section to the owner or person in lawful possession of the motor vehicle prior to the time the owner or person in lawful possession of the motor vehicle redeems the motor vehicle.

ORS 98.854 A tower may not: (g) Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the provision of: (B) Goods or services by a tower below fair market value constitutes consideration.

98.858 Right of owner or person in lawful possession of vehicle to redeem vehicle, contact tower and obtain property of emergency nature. (1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to:

(c) Obtain all personal property of an emergency nature in the motor vehicle within the time allowed under paragraph (a) of this subsection

(3) As used in this section, “personal property of an emergency nature” includes but is not limited to prescription medication, eyeglasses, clothing, identification, a wallet, a purse, a credit card, a checkbook, cash and child safety car and booster seats.

90.485 Restrictions on landlord removal of vehicle; exceptions. (1) A landlord may have a motor vehicle removed from the premises only in compliance with this section and either ORS 98.810 to 98.818 or ORS 98.830, 98.835 and 98.840.

 (4) If a landlord assigns a specific parking space to a tenant, the landlord may have a vehicle towed under subsection (2)(g) of this section from the assigned parking space only with the agreement of the tenant at the time of the tow. The landlord may not require the tenant to agree to towing.

 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice when in the course of the person’s business, vocation or occupation the person does any of the following:

(ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS 98.864.

646.636 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices.

This synopsis of certain Oregon citizen rights regarding involuntary, private property impound towing was prepared by Sean Aaron Cruz, Executive Director, 1000 Nations.

This is not a listing of every citizen right under Oregon state law regarding involuntary PPI towing, but is intended to provide information related to consumer protections passed by the Oregon Legislative Assembly in 2007 under Senate Bills 116 and 431. Mr. Cruz worked on both bills as Senator Avel Gordly’s chief of staff.

Note that none of these rights identified above are listed on the City of Portland Towing Coordinator’s website.

City of Portland posted Citizen’s Rights (May 17, 2013):

Citizen's Rights: PPI    Citizen's Rights when towed from private property

1.     Assistance in obtaining transportation to pick up your vehicle, such as a telephone call to a taxi service or information about bus service.

2.     To receive information about the applicable rates when calling for release information.

3.     To wait no more than 30 minutes for an attendant to arrive to release your vehicle outside of regular business hours which are 8:00 a.m. to 6:00 p.m., Monday – Friday, excluding official City holidays.

4.     To receive a clear, itemized receipt for all charges.

5.     To pay for the tow by cash or a valid credit or debit card bearing the VISA logo and issued in the name of the vehicle owner or owner’s agent.

6.     To receive correct change for your cash payment.

7.     Assistance in retrieving ownership documents from the towed vehicle.

8.     Release of your vehicle at no cost, if the hookup is not complete and the truck rolling forward when you return to your vehicle.

9.     Find information about filing a complaint or appeal with the City of Portland.

Towing & PPI Program 
City of Portland Revenue Bureau
Marian Gaylord, Towing Coordinator
111 SW Columbia Street, Suite 600
Portland OR 97201
Phone: (503) 865-2489 | Fax: (503) 823-9068