Letter to NYPD

Guess we will just have to wait and see if we get a response.

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Civilian Complaint Review Board
Joan Thompson, Executive Director
40 Rector Street, 2nd Floor
New York, NY 10006

Dear Ms. Thompson:

On Thursday, August 21, 2008, my wife and I drove from New Jersey into New York City for the day. As usual, we parked our car on Desbrosses Street in Manhattan making sure there were no “No Parking” signs or a yellow curb. Upon returning to Desbrosses Street later that day, our car was gone. Assuming that it was stolen and not towed since we were not in a “No Parking Zone”, we placed a call to the NYPD. They arrived approximately a half-hour later after we placed our call to them. The officers that responded to the call were very helpful and polite. Upon further investigation, it was discovered that our car had been towed and would have to be recovered at Pier 76 at West 38th Street & 12th Avenue.

Normally, I would simply pay the tow fee, the ticket fee and accept the fact that I was wrong and should have not parked in that spot. However, there are two issues that I would like to address because they do not echo the New York Police Department slogan: “Courtesy, Professionalism and Respect.”

1. There was no indication that we were in a “No Parking Zone” nor that it was a “Commercial Vehicle Only” area. The building we parked in front of (9 Desbrosses Street) had no days/hours sign, no yellow curb, no “Commercial Vehicle Only” sign. Across the street, there was a days/hours sign on that building but should not and does not apply to the front of 9 Desbrosses Street. However, in spite of these facts, our car was towed. If interested, I have pictures of the location where the car was parked and would be willing to send them to you upon request.

2. After paying the tow fee, we discovered that our car would not start due to the fact that it was in neutral and the battery had died. We questioned the officer on duty asking if the cars where opened when towed and was meet with a resounding “No.” I would like to pose this thought: a car while in neutral cannot have the keys removed. If that statement is true, then the answer “No” to our question of our car being opened is incorrect. If our car was in neutral when we parked it, we could not have gotten the keys out of the ignition. Why then was it in neutral (with a dead battery) when we retrieved it from the tow yard? The only answer to this question is that the officer opened the car and placed it in neutral before towing.

We are extremely disappointed with these two very obvious facts that officers of the New York Police Department are abusing the authority given them by towing cars merely for what would seem New York Police Department profit as well as allegedly entering the cars being towed.

A fee of $185 was paid to receive our car from the tow yard as well as a Notice for Parking Violation in the amount of $95 (which I have paid to avoid penalty). It would seem fit to have the New York Police Department reimburse me for the total amount of $280 for the fees and fines I have incurred during this mishandling of authority.

A copy of this letter is also being sent to Raymond W. Kelly, Commissioner as well as Mayor Michael R. Bloomberg for the sole purpose that they are well informed that officers of the New York Police Department are abusing the authority given them by incorrectly towing cars as well as allegedly entering them.

I look forward to your response.

Sincerely,


Cc: Raymond W. Kelly, Commissioner
Mayor Michael R. Bloomberg