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
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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
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