It was her independence,’ fumes son after elderly mother’s car was towed – she faces bankruptcy over $450-a-day

AN elderly woman saw her car towed due to a strict city rule, and she couldn’t move it on time – she paid almost $1,000 to get it back.

Due to limited income, she’s considering filing for bankruptcy.

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Erma Currier, a 92-year-old living in Southern California’s Chula Vista, bought her 2011 Buick with money she was granted after her husband died.

She used it to drive everywhere she needed to go around town, including her favorite bowling alley where she would compete during the summer and winter .

She’d even used it to travel across the country with her 72-year-old son, Darrel Ward.

He said for Erma, it was one of the only ways his mother continued smiling and staying active.

“It was an extension of her independence,” he told local PBS/NPR affiliate KPBS .

In April, Darrel went to check on the car when he found it had disappeared.

After a few phone calls, he discovered that the police had towed it after she violated a strict city ordinance that prohibits vehicles from being parked in the same place for longer than 72 hours.

Many cities in California as well as other states have similar rules.

Ward said he and his mother paid almost $1,000 to get her car back, using her credit card to pay the towing company.

For every day the vehicle was kept in storage, even after being initially towed, Currier faced a fee of $450.

In June, she told the outlet she still struggles to pay off the debt.

She has even been considering filing for bankruptcy.

Senior advocates are anxious that experiences like Currier’s are becoming increasingly common, as seniors have a difficult time remembering to move their cars on time.

With towing prices being so expensive, many also struggle to pay the debt.

I felt bad. Because I knew I couldn’t take care of it on the street.

Erma Currier, tow victim

John Acosta, a senior advocate for the community, said city lawmakers should look into updating the ordinance to prevent seniors and those in poverty from being towed for a simple mistake.

“It’s just a little sympathy,” Acosta said.

“We need to take care of the senior community.”

He argued to city lawmakers that asking seniors, many of which in Chula Vista are disabled and living by themselves, is not a simple task.

What to do if your car is towed

Wrongfully or not, retrieving a towed vehicle can be a hassle.

If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are a few steps to take to get it back.

Steps to take when your car is towed:

• Try to figure out why your car was towed. Did you not see a posted “No Parking” sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
• Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
• Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
• Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.

If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:

• Be prompt – many states have a small window of time where it’s acceptable to file a complaint against a company that wrongfully towed the vehicle.
• Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
• Get familiar with your local laws, as laws for towing companies vary per state.
• Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
• Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
• Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.

Source: Oregon Department of Justice , National General , Rak Law Firm

The outlet reports that some have agreed to open up discussions about possible ordinance changes.

Retired seniors like Currier and Ward live on fixed incomes, making a tow a financially stressful venture.

She said seeing her car gone from its usual spot was a gut punch.

“I felt bad, she said.

“Because I knew I couldn’t take care of it on the street.”

Ward felt he was to blame for his mother’s stress, as he assumed Currier’s handicapped placard would protect her from the city’s rule.

“It was my fault,” he said.

“She had counted on me to understand and know what limitations and what rights we had.”

Either way, both felt the police could have helped by at least knocking on the door or warning them they’d be towed.

Especially with the handicapped placard in clear view.

“Why in the world didn’t someone call us?” he said.

POLICE RESPONSE

Reporters contacted the local police department, who defended the towing practices.

While Ward and Currier may have felt they weren’t warned, Traffic Lieutenant Rusty Rae said before a car is towed, a violation will be posted on the windshield .

Additionally, the department will give the vehicle owner another three days to move it.

As for contacting the owner, the vehicle owner can only be notified by mail, Rae said, as the files the department has access to only list the registered address – not a phone number or email.

It was an extension of her independence.

Darrel Ward, Currier's son

“We’re not seeking out the elderly or people who are in poverty or anything like that,” said Rae.

“We’re dealing with neighborhoods, whether they be poor neighborhoods or neighborhoods that are a little more well off, that are complaining about people leaving their cars on the street.”

Despite Currier’s placard, he confirmed all drivers are held to the same standard.

“They’re still subject to making sure that they move their cars on the roadway regularly and that they’re not using city streets as their personal storage facility,” he said.

WHAT ABOUT THE CAR?

Without a reliable way to move the car every three days, Ward and Currier decided to leave it with his daughter in a different city.

Currier said the nearly $1,000 charge was “destabilizing,” and doesn’t want to risk another tow.

Until an ultimate decision is reached, Ward will continue to drive her to her doctor’s appointments and occasional bowling competitions .