Click to go to Forum Home Click to go to maXbimmer Home

Go Back   maXbimmer Forums > Misc > Off-topic
User Name
Password


Welcome to Maxbimmer.com!

You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

Reply
 
Thread Tools Rate Thread Display Modes
Old 07-19-2010, 02:03 PM   #1
vegabass
How do i shift gears?
 
vegabass's Avatar
 
Join Date: Mar 2003
Location: T.O
Posts: 415
Driveway Car Storage



Hey Guys,

Just need some advice. I have a older car that i am working on. It has been a project that i have been working on for a few years, basically when i have some free time and extra cash i fix up the car. I got a notice from the city saying that they want to tow my car away. I tried calling to see what it is about, but they have not returned my call.

The car is sitting on my driveway in the top corner. Everything is clean around it. There is a small oil spot on the driveway which i tried to clean up to the best of my abilities from the car. The car is clean, and only the front bumper is a different colour then the rest of the body. I can not put the car into the garage because my parents use it and it is easier for them to get in/out of the house that way (especially in the winter).

For what reason can they tow away the car and what can be done so that they don't tow it away.

thanks
vegabass is offline   Reply With Quote
Old 07-19-2010, 02:24 PM   #2
hockeyfan27
5th Gear Member
 
hockeyfan27's Avatar
 
Join Date: Jul 2009
Location: Durham Region
Posts: 947
I believe if it is un-plated they can tow it after a certain period of time. OR If the car isn't registered to your name/address.

I had this happen to a buddy, I forget which one (reason above) was the issue. It may have been both, even.
__________________

1998 328ic - Sold
hockeyfan27 is offline   Reply With Quote
Old 07-19-2010, 02:32 PM   #3
5style
Hatters gon Hatt
 
5style's Avatar
 
Join Date: Feb 2004
Location: Toronot
Posts: 5,130
Quote:
Originally Posted by hockeyfan27 View Post
I believe if it is un-plated they can tow it after a certain period of time. OR If the car isn't registered to your name/address.

I had this happen to a buddy, I forget which one (reason above) was the issue. It may have been both, even.
Are you ****ing kidding me? Its on HIS DRIVEWAY, what in the hell is that?
__________________
Cayenne hunting!
5style is offline   Reply With Quote
Old 07-19-2010, 02:34 PM   #4
5style
Hatters gon Hatt
 
5style's Avatar
 
Join Date: Feb 2004
Location: Toronot
Posts: 5,130
Quote:
Originally Posted by vegabass View Post
Hey Guys,

Just need some advice. I have a older car that i am working on. It has been a project that i have been working on for a few years, basically when i have some free time and extra cash i fix up the car. I got a notice from the city saying that they want to tow my car away. I tried calling to see what it is about, but they have not returned my call.

The car is sitting on my driveway in the top corner. Everything is clean around it. There is a small oil spot on the driveway which i tried to clean up to the best of my abilities from the car. The car is clean, and only the front bumper is a different colour then the rest of the body. I can not put the car into the garage because my parents use it and it is easier for them to get in/out of the house that way (especially in the winter).

For what reason can they tow away the car and what can be done so that they don't tow it away.

thanks
Dude, count 15 feet from the curb, and thats your property. They can kiss your ass on the way out.
__________________
Cayenne hunting!
5style is offline   Reply With Quote
Old 07-19-2010, 02:38 PM   #5
Aloush
3rd Gear Member
 
Join Date: Jul 2009
Location: toronto
Posts: 460
Quote:
Originally Posted by 5style View Post
Are you ****ing kidding me? Its on HIS DRIVEWAY, what in the hell is that?
+1 to that.. the tow truck can not lay a wheel on ur driveway unless under ur permission as long as you own the car.

To my understanding anything beyond the sidewalk belongs to the city, and anything upto the sidewalk is urz. So make sure ur parking it before the sidewalk.
Aloush is offline   Reply With Quote
Old 07-19-2010, 03:13 PM   #6
hockeyfan27
5th Gear Member
 
hockeyfan27's Avatar
 
Join Date: Jul 2009
Location: Durham Region
Posts: 947
The distance from the curb has no bearing here. It's the joy of bylaws. They can make you cut your grass, clean up your trash, even limit the number of pets you keep on premises. All in spite of the fact that it's your land.

I was doing an interloc path/patio at my first house. I started too late in the season and winter hit before my job was complete.

City of Toronto responded to a complaint and gave me a letter in January saying they were coming to remove the unused construction materials on my property (being 900 sqft of interloc stone) and adding the cost of doing so to my tax bill. I called and got an extension until April. Not a big deal, but I was pissed at the time. (mostly with my douche-bag neighbours)

Now I'm in Pickering. I got in trouble for parking my friends seadoos on my lawn.

inspector: "you can't park on your lawn, not a car or a trailer"
me: "why not, it's my lawn?"
inspector: "bylaw says so, and it doesn't look good"
me: "it looks the same on the lawn as it does in the driveway"
inspector: "regardless, I'm coming back tomorrow to check, if its still there, you'll get a ticket"

I decided to pick my battles and moved them, but after further discussion I did find out that there are different rules for front yard and back yard. I can park whatever vehicle I want in my backyard, provided it is under 2.5 metres high.

Every municipality has different rules, in brampton my friend had to put his RV in storage even though he had a driveway that went right into the back yard, something about vehicle size.

Another friend of mine had to sell his cube van and buy a safari van for his delivery business as any commercially plated tandem wheel single axle vehicle is not allowed to be garaged at residential driveway in the metro area. (that was 10 yrs ago mind you, rules change often)

It's all stupid...but trust that they CAN tow your car without your permission.
__________________

1998 328ic - Sold
hockeyfan27 is offline   Reply With Quote
Old 07-19-2010, 03:24 PM   #7
5style
Hatters gon Hatt
 
5style's Avatar
 
Join Date: Feb 2004
Location: Toronot
Posts: 5,130
that is retarded!!!!! Absolutely retarded!

I am in disbelief of just how stupid the regulations here are
__________________
Cayenne hunting!
5style is offline   Reply With Quote
Old 07-19-2010, 03:39 PM   #8
HavocSteve
6th Gear Member
 
Join Date: Apr 2010
Location: Toronto
Posts: 1,853
Move to Oshawa! My dad's 1980 Trans-Am that has rust and also is 4 different colours is still in the driveway with not anything said about such. Only when you get close to the city, you get stupid crap like that =\
__________________
HavocSteve is offline   Reply With Quote
Old 07-19-2010, 03:44 PM   #9
chromius
6th Gear Member
 
chromius's Avatar
 
Join Date: Dec 2002
Location: Ottawa
Posts: 4,006
Issuing a ticket, yes they have every right to do that, but I would question the legality of taking/confiscating/impounding someone's property when it's sitting on their property.

There's no way that would ever hold up in any court. It's clearly written in the Charter of rights and freedoms. Section 8: "Everyone has the right to be secure against unreasonable search or seizure" Meaning a warrant has to be issued by a judge and carried out by sheriff, or overseen by a peace officer. But without a warrant the peace officer would be acting on your behalf as the property owner, because the person taking the property would have no legal authority to it.

On top of that clearly written in the Criminal code of Canada are property protection rights. Section 39, gives you the right to defend your property under any reasonable means. "Defence with claim of right 39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary"

So no, I don't see how they can take your property regardless of whatever by-laws they think they can use, because the criminal code and the charter supersede any by-law.

If I were you I would get in touch with a lawyer, and take that letter, and I would be willing to bet you could have a case for harassment from the city.

To cover your ass, but a claim of right letter on the car, and take a picture of it posted there. If a tow truck shows up on your property, call the police immediately, and by law they have no choice but to act on your behalf as a "peace officer".

I'm no lawyer, but based on my limited knowledge of the subject, I just don't see how it's possible. I would ask a lawyer who's familiar with property rights etc.
__________________
Photobucket
chromius is offline   Reply With Quote
Old 07-19-2010, 04:00 PM   #10
ProStreetDriver
The Real Transporter
 
ProStreetDriver's Avatar
 
Join Date: Dec 2007
Location: Ontario
Posts: 796
Send a message via MSN to ProStreetDriver
could even be your neighbors complaining also.

i would just slap a set of plates on it, who cares if they're expired and throw a car cover on it. i just bought a 4x4 for winter but i'm still driving my car. i can't afford having 2 vehicles on the road, so when november rolls around i'll just get the 4x4 plated and insured. right now i just threw a set of plates from my truck i had a few years ago to prevent people from complaining. looks legit, unless someone walks up to it.
__________________
1997 BMW 540i/6 sport
1984 BMW 733i E23: Centra staggered 16" rims, Hartge strut brace, Hartge engine
1994 BMW 740i E32: Sold
ProStreetDriver is online now   Reply With Quote
Old 07-19-2010, 04:29 PM   #11
hockeyfan27
5th Gear Member
 
hockeyfan27's Avatar
 
Join Date: Jul 2009
Location: Durham Region
Posts: 947
Quote:
Originally Posted by hockeyfan27 View Post
It's all stupid...but trust that they CAN tow your car without your permission.
I'm going to agree with chromius, maybe they can't just tow it. =)

Quote:
Originally Posted by vegabass View Post
I got a notice from the city saying that they want to tow my car away
If you are comfortable with it, post a copy of the letter. I'd be interested to read it, especially the part that says "they want to tow my car" & whether it implies they are going to, or they wish to if you agree.
__________________

1998 328ic - Sold
hockeyfan27 is offline   Reply With Quote
Old 07-19-2010, 07:06 PM   #12
vegabass
How do i shift gears?
 
vegabass's Avatar
 
Join Date: Mar 2003
Location: T.O
Posts: 415
The car is registered to my address. The car has plates on it, but the tags expired back in 2005. Is there anyway i can fight this? I have been working on the car slowly and there is no way i can get it done anytime soon

Quote:
Originally Posted by hockeyfan27 View Post
I believe if it is un-plated they can tow it after a certain period of time. OR If the car isn't registered to your name/address.

I had this happen to a buddy, I forget which one (reason above) was the issue. It may have been both, even.
vegabass is offline   Reply With Quote
Old 07-19-2010, 07:08 PM   #13
vegabass
How do i shift gears?
 
vegabass's Avatar
 
Join Date: Mar 2003
Location: T.O
Posts: 415
We don't have a sidewalk on our side of the street and the car is back up right to the garage door.

Quote:
Originally Posted by Aloush View Post
+1 to that.. the tow truck can not lay a wheel on ur driveway unless under ur permission as long as you own the car.

To my understanding anything beyond the sidewalk belongs to the city, and anything upto the sidewalk is urz. So make sure ur parking it before the sidewalk.
vegabass is offline   Reply With Quote
Old 07-19-2010, 07:20 PM   #14
vegabass
How do i shift gears?
 
vegabass's Avatar
 
Join Date: Mar 2003
Location: T.O
Posts: 415
Thanks Chromius, i will contact my lawyer. What exactly is a "Claim of Rights letter"? This is the link to the by-law which is referred to on the letter http://www.cityofpickering.com/stand...anandClear.pdf.

Quote:
Originally Posted by chromius View Post
Issuing a ticket, yes they have every right to do that, but I would question the legality of taking/confiscating/impounding someone's property when it's sitting on their property.

There's no way that would ever hold up in any court. It's clearly written in the Charter of rights and freedoms. Section 8: "Everyone has the right to be secure against unreasonable search or seizure" Meaning a warrant has to be issued by a judge and carried out by sheriff, or overseen by a peace officer. But without a warrant the peace officer would be acting on your behalf as the property owner, because the person taking the property would have no legal authority to it.

On top of that clearly written in the Criminal code of Canada are property protection rights. Section 39, gives you the right to defend your property under any reasonable means. "Defence with claim of right 39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary"

So no, I don't see how they can take your property regardless of whatever by-laws they think they can use, because the criminal code and the charter supersede any by-law.

If I were you I would get in touch with a lawyer, and take that letter, and I would be willing to bet you could have a case for harassment from the city.

To cover your ass, but a claim of right letter on the car, and take a picture of it posted there. If a tow truck shows up on your property, call the police immediately, and by law they have no choice but to act on your behalf as a "peace officer".

I'm no lawyer, but based on my limited knowledge of the subject, I just don't see how it's possible. I would ask a lawyer who's familiar with property rights etc.

Last edited by vegabass; 07-19-2010 at 09:21 PM.
vegabass is offline   Reply With Quote
Old 07-19-2010, 09:53 PM   #15
damameke
6th Gear Member
 
Join Date: Dec 2008
Location: Canada
Posts: 1,372
Unplated car can be towed.. city bylaw. someone probably complained about your car...

some info in this link....http://www.thoroldedition.ca/Article...true&e=1586080

One Thorold councillor agrees with resident David York that the city needs to “clean its backyard” regarding unlicensed and abandoned vehicles in municipal lots, while another is telling the city to enforce its bylaws or bust.

York appeared for a second time this month at Tuesday's council meeting to object to a bylaw infraction notice he received from city hall for an unplated vehicle in his driveway. He has the option of removing the vehicle, getting plates for it, storing it in a garage or on a trailer, or having it removed by the City.
damameke is offline   Reply With Quote
Reply

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


All times are GMT -4. The time now is 10:50 PM.


Powered by vBulletin® Version 3.8.1
Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.
Maxbimmer Copyright 2001 - 2015