Steven Cohen  |  March 5, 2020

Category: Auto News

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car being towed in ChicagoA class action lawsuit has been waged against the city of Chicago by citizens claiming the city tows cars illegally if vehicle owners owe past ticket debts.

Plaintiffs Danyetta Walker and Joseph Walawski claim the city towed more than 19,665 legally parked cars in 2017. They state that their vehicles were parked legally and no ticket was issued to the driver. 

Walker claims on Feb. 27, 2019 her 2000 Chrysler Concorde was towed by the city and sold under market value to United Road Towing. She says the city did not offer her any compensation for taking her car and did not offer a hearing to determine a fair amount for the towing. She alleges the city sold her vehicle for “scrap value.”

Walker states that the city never mailed her a notice of impending vehicle disposal, which is required by the Municipal Code of Chicago. She claims she purchased a new vehicle but still has unpaid tickets on at least three violations.

According to the Chicago class action lawsuit, the city towed Walawski’s new 2016 Nissan Sentra due to unpaid tickets and sold it to United Row Towing for $204.48 even though the car was in excellent condition. The city reportedly did not provide the plaintiff compensation for the taking and selling of his vehicle.

Walawski claims he had a loan on his vehicle of $17,000 from PNC bank. Since his car was taken by the city, the bank is looking to collect the $17,000 from him. 

In addition, Walawski says the city has placed holds on business licenses that he has sought to obtain due to his outstanding tickets.

“Thus, the City has taken Plaintiff Walawski’s vehicle, depriving him of his then-existing livelihood, and has since taken active steps to further deprive him of employment opportunities, all for the unforgivable sin of failing to pay a ticket,” claims the class action lawsuit.

The plaintiffs say when a vehicle owner has two tickets that are unpaid for more than a year or three unpaid tickets at any time, the owner of the vehicle faces a “rapidly escalating campaign of debt collection,” under the Municipal Code of Chicago.

First, the city allegedly immobilizes or “boots” the vehicle. Then, the owner of the car has 24 hours to pay all of their outstanding fines and other fees associated with the outstanding tickets. The plaintiffs maintain that for three speed-camera tickets, the cost is $832.

If those fees aren’t paid, the car is reportedly towed, impounded and the fees escalate. Walker and Walawski allege that includes a $150 tow fee, a $20 daily storage fee for the first five days and a daily $35 fee after that.

If the vehicle owner does not pay these fees, the city keeps the vehicle and could decide to keep it or sell it for scrap, usually for a couple of hundred dollars, the plaintiffs argue.

“The end result is devastating: the owner loses a car – usually their most important asset and only mode of transportation to get to work, school, etc. – and is left saddled not only with the existing ticket debt, but also hefty towing and storage fees,” states the class action lawsuit.

Was your car towed by the city of Chicago because of unpaid parking tickets? Leave a message in the comments section below.

The plaintiffs are represented by Myron M. Cherry, Jacie C. Zolna, Benjamin R. Swetland, Jeremiah Nixon, and Jessica C. Chavin of Myron M. Cherry & Associates LLC.

The City of Chicago Vehicle Towing Class Action Lawsuit is Danyetta Walker, et al. v. City of Chicago, et al., Case No. 1:20-cv-01379, in the U.S. District Court for the Northern District of Illinois.

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2 thoughts onChicago Class Action Alleges Illegal Towing

  1. J.R. Olivero says:

    We were moving our son out of his apartment. We had a rental truck in the back of the building near the alley. Renters are allowed to temporarily park in the back while moving although unregistered cars cannot. The tow truck watched and waited until we went back in for another load, grabbed the truck and made us pay more than $800 to get it back. The fine was based on the weight of the vehicle they said.

  2. Paul Sioulas says:

    My car was booted and towed by the city of Chicago and held ransom

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