Loading...
Claim Response Rergande, Ron BARRY A. UNDAHL, E 4.~ CORPORATION COUNSEL r(;~~ MEMO To: Mayor Terrance M. Duggan and members of the City Council Date: February 1, 2000 Claim of Rori Pergande Re: Claimant Date of Claim Date of Loss Nature of Claim Ron Pergande 12/9/99 11/26/99 reimbursement of towing, storage and car rental charges This is a claim for damages for towing, storage and loss of use of the claimant's automobile. According to the report of Police Chief John Mauss, 'the claimant's vehicle was towed for street storage. Because the claimant should have been notified before the vehicle was towed and was not, Chief Mauss recommended paying the tow charge and part of the storage fee. He indicated, however, that these charges should be paid only if the claimant retrieved his vehicle. He also stated that it would not be reasonable to pay any amount for the loss of use of the vehicle, since it was inoperable and unregistered at the time of the tow. Chief Mauss has informed the Legal Department that the claimant did not retrieve his vehicle and has signed the title over to the towing company, so it is his recommendation that this claim be denied, and the Legal Department concurs with his recommenda- tion. BAL/cg/Attachment cc .. Chief John Mauss cc - Mr. Ron Pergande Vi '~cJrt'nq-¡o 6J!)lO IIi:) SS : II r1V ! - 83.:1 00 O::J¡\I]J3t:1 19/. ('"C3^'" Pt^,^ DI'."'I". low, \1001 .t. 19 S.83""3 I", 119 S8).t'o,O '-ma,1 b""~IÍÌI.......;.".t \ Dubuque Police Department Law Enforcement Center P.O. Box 875 Dubuque, Iowa 52004-0875 Phone (319) 589-4410 Fax (319) 589-4497 D~~~~ ~~~ 12 January 2000 Carol A Gulick Legal Department 196 CyCare Building Dubuque, IA 52001 RE: Claim of Ron Pergande Dear Ms. Gulick: Enclosed are copies of the electronic complaint and of the Impound Report relating to the towing of the Pergande vehicle, as wen as a report by Officer Schmeichel. \,-- The vehicle was towed on November 26, 1999, the same day it was reported as being stored on the street. It was apparent to the officer that it had been stored for some time, and the registration had expired months earlier. I believe that the towing was clearly justified. We should have attempted to notifY the owner, however, prior to the tow and did not do so. Therefore, I think it would be reasonable to pay the standard towing charge of $40 plus tax. On December 1, 1999, we sent him a certified notice that the vehicle had been towed and that it would be disposed of as an abandoned vehicle if he did not retrieve it. The notice was delivered on December 3, 1999, and he called Corporal Mike Rettenmeier to discuss the matter. Corporal Rettenmeier advised him that ifhe wanted the vehicle he should pay the towing and storage and obtain the vehicle, and if he felt he had a claim against the City, he could file the claim later. Given the fact that we apparently did not notifY him until December 3"', I think it would be reasonable to pay storage at $9.00 per day for seven days ITom November 26 to December 3. Pergande has not retrieved the vehicle, and it is scheduled to be sold as an abandoned vehicle in a couple of weeks. Ifit is sold as an abandoned vehicle, it is unlikely that it will bring enough to cover the costs of towing and storage. In those cases, we pay towing and storage costs and the State reimburses us for the amount of expenses in excess of the revenue brought by the vehicle. /' Service People Integrily Responsibility Innovation Teamwork , L My suggestion is that we pay Pergande the towing and seven days worth of storage only if he retrieves the vehicle. It would not be reasonable to pay any amount for the loss of use ofthe vehicle or for renting a substitute vehicle, since this vehicle was inoperable and unregistered at the time of the tow and had been stored on the street at a location nowhere near the owner's home. Sincerely, ~ Chief of Police JJMJmb