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Portsmouth Officials Being Tight Lip

I have been doing battle with Portsmouth town officials trying to recoup an excessive towing charge that occur from an incident last October 2011. 

The town is obviously trying to avoid paying the charge back as the town manager would not respond to a recent letter to him sent in May. My vehicle was being operated by an acquaintance when he had an issue with police. My vehicle was towed to the station where they searched and ransacked my car, shortly after they had the car towed again from the station to the tow company yard.

I was never called as I complained first to verify if the person driving had my permission to be driving and, second, to offer me the chance to recover the vehicle from the station. I never was notified that the vehicle was being searched or was asked permission to search it.  

I did not know about the events till late evening when I was called by the acquaintance to tell me what happen. When I went to retrieve the car, the towing bill was $240, $120 two times.

Know what makes this most interesting is when I asked the council for the reimbursement in January, I was denied because the police chief stated the vehicle was part of an ongoing investigation. 

In May, the case against the acquaintance was dropped; however, the chief continues to state this is part of a police matter.

What matter is this part. If the police department had interest in this car, why did they release it to the tow company to be returned to me the next day? I have been bullied by the chief stating my acquaintance should be responsible for paying the tow charge. I agreed and he did pay $120. Now, I am waiting for the town of Portsmouth to take responsibility, otherwise I will be taking them to small claims to settle this matter. It appears towing of vehicles is like organized crime and the car owner pays the prize.

Tuna man

9:18 am on Tuesday, June 26, 2012

Really? You have to be kidding right? Why didn't you make you acquaintance pay the full amount? He is the one that started the whole thing and is the one who is responsible for it. In the first place the Police Department has nothing to do with tow charges. That is the tow company not the police. If they charged you for two tows then take it up with them. Maybe there is a lesson here for you too in that you don't let someone else drive your vehicles that isn't family and many insurance companies won't cover you or your vehicle if it's operated by someone not on your policy and they get into an accident. As to letting you know about your vehicle and if the person had permission to have it. Was it stolen and reported? If it was then a simple check would have provided that information. Is this person related to you in one form or another? Just what did the acquaintance really tell the police about the vehicle and you and how long had he been using it? Days,weeks or months? As to keeping the vehicle at the police department. They are not a storage yard and do not have much if any room to store vehicles. Responsibility was yours not the towns. It was your car being driven by your acquaintance who caused it. I doubt any judge will see it your way and find for you but then again one never knows as this is Rhode Island.

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David Silvia

2:17 pm on Tuesday, June 26, 2012

Hey tuna man, you have a right to your opinion, but sorry you do not see it in my shoes. the tow co had to be called by the pd a 2nd time, so if they had called me to retrive it there would have been no 2nd tow, this is what the problem is, the pd overjumped their authority. i am not complaining about the 1st tow, it was the 2nd and the fact I was never called as the owner of the car, Its nobody's business who I let drive my car, so please do not comment on it. The issue here is what the PD failed to do, and now they are trying to CYOA with this excuse of a ongoing investigation. They released the car upon the 2nd tow call, cant you see that.

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ralph

2:32 pm on Tuesday, June 26, 2012

@ Dave- Dave, I'm with you on this one. I think the PPD should have contacted you regardless of the manner of the issue. Portsmouth isn't New York City, where the PD doesn't have the resources or the time to contact the owner of the vehicle in question. Portsmouth is a small community. A fact, I think sometimes the local municipality forgets sometimes. The chief shouldn't be giving you flack for your concern of the cost to you for the tow. Maybe the chief needs a lesson in humility. Everybody just doesn't have $120 to throw around on a tow. The economy is kind of tight if the town hasn't been paying attention. Regardless of the circumstances, the PPD should have attempted to work with you on the tow issue. Instead of having to take it to the next level of litigation. Just my two cents.

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OldTownie

9:06 pm on Wednesday, June 27, 2012

Hey Ralph,
There's another posibility....that the responsible person actually take responsiblity for their actions.
This clown wants to talk about illegal search and seizure. And claims his 4th Amendment rights were violated, when in fact, it's just another case of a dumbass wanting everyone else to pay for his mistakes.

Tuna man

3:06 pm on Tuesday, June 26, 2012

The problem started and stops with who you let use your car. If they had not been (and I must assume) arrested, then there would not have been a problem nor any tow charges. So the person who was operating your car is the one who should be held responsible for all of the costs here no matter how many times the car was towed. People have to be responsible for their own actions and not blame someone else and face the consequences.

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Unbelievable

3:14 pm on Tuesday, June 26, 2012

It is not the PD's responsibilty to contact you. Sounds like you didn't contact the station soon enough. Nor does it sound like the town is responsible for paying your friends impound fees.

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David Silvia

8:24 pm on Tuesday, June 26, 2012

Tuna Man , you seem like a person hell bent on blaming other people, it doesnt matter who was driving the car, the is reg in my name and I am the owner, so it falls on me, When the aquaintence went to retreive the car they counldnt because I had to be there to release the vehicle to. The PD should have called me rather then the tow co for the 2nd time. You are not going to win any argument with me on this.

@ unbelievable - read the story I never got a call, so how waS i suppose to call the station if I was not aware of the situation. Come on people think before you post. Did you not understand that 4th admend rights were violated, You ever hear of illegal search and seizure, where are we in IRAQ? weather the town is responsible or not, that will be deceided by a judge now, Again nobody seems to address this ongoing investigation that involved this car that was released by the PD that day. Why is the town hiding behind that statement? The vehicle was released to the tow co for the 2nd time. Do you have an answer for that?

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OldTownie

10:18 pm on Tuesday, June 26, 2012

So, your friend went back to retrieve the car and was told they could not because it could only be released to the owner. So why didn't your friend call you?

Now, about rights.....Although you are the owner, your rights could not be violated. It's pretty simple...you were not in possession of the vehicle, so, your rights are intact. Once the police arrested your friend, they had every right to search the vehicle. If I were you, I'd be hounding my friend for another $120....and once he paid it, I'd be looking for a new friend. Place the blame where it lies....with the driver.

David Silvia

10:31 pm on Tuesday, June 26, 2012

Old townie, You didnt read it either, his mother went to retrieve the car that night but couldn't because I had to be there, Hello, Im the owner. and yes my rights were not violated directly, but the PD did not get my permission to search something that belonged to me. and this is what the issue is, once they searched and ransack the car, they called the tow co to release it to their yard, why not call me? and again, why is this issue being hidden behind an on going investigation, the car was released. Your not going to win this argument with me either, the police did wrong here and I or anyone involved should not have to pay a tow charge when other arragments could have been done. You are also jumping to conclusions too, were is the blame, or inocent untill proven guilty in the country, the case was dropped he is inocent in my book, and repaid the $120.00 for the 1st tow. If I get a judge to agree then Portsmouth will be paying me back, and if not I am out $120.00 but it still is not right that the PD do what they do.

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OldTownie

10:41 pm on Tuesday, June 26, 2012

Do you understand the difference between owning something and being in possession of something?

I'd also like to point out, again, that once your friend was arrested, the police have EVERY right to search your vehicle. You do understand that right? If not, don't worry the Small Claim Judge will explain it to you.

Since you did not report the car stolen, the police have no responsibility to contact you. It's your problem. And just so we understand each other, I did read it, and my reading comprehension is much better than your writing ability.

Your words: "When the aquaintence went to retreive the car they counldnt because I had to be there to release the vehicle to." Funny, I don't see anything there about his mother going to pick it up....and this begs the question....Why didn't she call you?

Unbelievable

9:04 am on Wednesday, June 27, 2012

I did read the story your friend or his mother should have notified you right away. NOT THE POLICE. That is not their job nor there responsibility. Stop turning this around, fault is fully on your friend sorry its the truth.
It was a reasonable search he was in the vehicle when they arrested him, they have enough reason to search the car. You were in no way violated at all nor was it a violation of any of your rights. Just because the car is released doesnt mean the investigation is over.

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David Silvia

10:47 am on Wednesday, June 27, 2012

Unbelievable, your right to your opinion, if the judge sides with me, Ill get back to you ok. The friend couldnt contact me till the pd let him some 6 hours later, that is why i keep pointing to the pd, not my friend or anyone else. I was the owner of the car again.

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resident

11:31 am on Wednesday, June 27, 2012

David - while I understand your frustration, you should prepare yourself to pay court costs on top of the extra tow as you do not have a case. I agree with OldTownie that you need to find better friends.

OldTownie

11:42 am on Wednesday, June 27, 2012

It's kind of funny, I went through all the Portsmouth Police reports for October 2011, and not one of those cases has been dropped. As a matter of fact, I think the aquaintance he is refering to was actually wanted on an outstanding warrant for failure to pay.

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resident

11:44 am on Wednesday, June 27, 2012

So, he should take his friend to small claims court, win the case, not get paid and let him borrow the car again ....

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OldTownie

12:06 pm on Wednesday, June 27, 2012

Resident,

Nice!!!!! I laughed so hard that coffee came out my nose!.

David Silvia

7:19 pm on Wednesday, June 27, 2012

Old Townie, dont know what you looking at if you dont have a name, so why comment, your assuming, and making an ass of yourself.

resident, your statment is also stupid, why would I take him to small claims, he paid is tow charge. Please do not blog if your going to be a ass.

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OldTownie

9:01 pm on Wednesday, June 27, 2012

Well David,
It's not hard to look at the PPD arrest records for any given month...

Let's summarize your story: You lent your vehicle to a friend. The friend got arrested. The friend only paid for half the incurred charges for the proper handling of your vehicle.

Yet I notice a disturbing trend. You try to blame everyone but yourself and your friend. Had you not loaned your vehicle to a person with legal problems, none of this would have occured. Therefore, using simple logic, and a layman's understanding of the law, the solution is pretty simple. Get the money from the person that caused all this drama...your friend. IT WAS HIS FAULT!

David Silvia

10:57 pm on Wednesday, June 27, 2012

old townie, your opinion as it is, does not justify my opinion, the blame is not the question, what gives the PD the authority to twice tow my vehicle, to be honest the PD wanted to search the vehicle the tow to the pd should have been on the PD, not me, the tow to the yard would be my cost, but what your not hearing, they could have called me to pick up the vehicle and they didnt. Now lets take another story, the PD decieded to have the vehicle towed to SP Hdq in Scituate, should I be held responsible to pay for those charges too? You talk with a smartmouth, but what if this had been your car and your wife was taken into custody for what ever reason, would you be so quick to say your for both tows, remember being brought to the police station is in custody, your inocent until proven guilty, so again his arrest or what ever reason he was brought into the station is not in the equation. The got towed to PD then it was towed again to the yard at a cost of 120.00 I did nothing wrong, the PD did, and as I stated your not going to change my mind. So keep your smart mouth comments. I am putting this out for other people to beware of your tricky PD and they violate peioples rights, and the case got dropped, good Police work!

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OldTownie

9:30 am on Thursday, June 28, 2012

David
You put it out there because you want to whine and complain. Ultimately, you are responsible for your vehicle. You loaned it to a friend that got it towed. Period. Pay the charge and quit making up drama. At no point were your rights violated. 4th amendment does not apply as you were not in possession of the vehicle.

And I will say this again. No one who was arrested in October 2011, in Portsmouth, had charges dropped.

Oh, and about my wife...Yes, I would pay for both tows. Do us all a favor and stop looking handouts. TAKE RESPONSIBILITY FOR YOUR ACTIONS!

David Silvia

10:56 am on Thursday, June 28, 2012

old townie, Know I now your an ass, because your wrong on the arrest, so you must be a cop, but your wrong, If you want proof bring 120.00 to pay me when I prove you wrong. I am taking responsibility and there is no actions that I am responsibile for, the PD were wrong, and when I prove it in court, Ill be able to laugh in your face. Thats all I got to say.

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OldTownie

12:10 pm on Thursday, June 28, 2012

Come on David, whine a little more.

Your not responsible at all? Was it your car? Yes. Did you loan it to someone? Yes. Did that person get arrested? Yes. So, I fail to see where the police owe you anything. The only thing your going to get in court is a lesson in personal responsibility. Yours and your friends.

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OldTownie

8:48 pm on Thursday, June 28, 2012

So you pleas your case, while leaving out the most important information. Why not tell us what your aquaintance got arrested for? We don't want his name, just tell us the charge. You want to sway the public opinion, but don't want to tell all the facts.

The Shill

11:31 am on Thursday, June 28, 2012

David just be thankful they didn't hand you a box of parts and say here is you car put it back together. The town does not owe you your frend owes you. Why do you think everbody owes you you want the town to plow your sidewalk you want the town to pay for your tow take some personal responabilty the world does not owe you.

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OldTownie

12:13 pm on Thursday, June 28, 2012

The only question here is: Did the aquaintance get arrested. The answer is yes. Therefore, the aquaintance is responsible for his actions. Was the arrest valid? Yes. Just because the AG's office chose to drop the charges or did not wish to pursue it does not allievate your friends obligation to pay for his mistakes.

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outside look

4:23 pm on Thursday, June 28, 2012

I sympathize with you about the second towing, your right, the PD doesn't give you your phone call immediately. Of course their excuse will be booking, paperwork, coffee and donuts, is what kept them so busy. However, hopefully you will be heard and a change will come on how long a prisoner sits before getting their phone call. However, even if your freind were to get a phone call immediately I wouldn't be surprised that the police will put in that phone call before your friend does. Lesson today, is don't let others drive your car. Can anyone say KICKBACKS!!!

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J. Lane McMahon

1:27 pm on Friday, June 29, 2012

Kickbacks? Why would you make an accusation like that? Totally un-called for.

David Silvia

7:23 pm on Thursday, June 28, 2012

looks like my last post gut cut out, my bad, old townie, please understand your opinion is yours, when the case ends, whatever the result at least I am a man that is not hiding behind a name like old townie, I have the right to question government and that is what I will be doing, not wining, Freedom is just as what the constituation says, dont invade my privatcy without a warrent. Happy 4th of July to you.

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OldTownie

8:46 pm on Thursday, June 28, 2012

No one invaded your privacy. As to your "manhood", I would say that is questionable at best..you sound like a little girl.

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