City of Victoria legally ordered to reimburse resident's towing fees
A city was ordered to reimburse a resident’s towing fees after a BC Civil Resolution Tribunal decision ruled in the resident’s favour.
According to the applicant in the case, the City of Victoria improperly towed his vehicle. The tribunal decision states that he sought $4,900 for the towing bill and other damages, including the time spent on the legal fight.
The City of Victoria told the tribunal that it actually did offer to pay for the resident’s towing bill, but denied that it owed anything else.
On Feb. 5, 2024, the City received multiple complaints about the applicant’s vehicle. The vehicle had a visibly flat tire, and debris that had accumulated under the vehicle gave the vibe that the car had been abandoned. The City forwarded those complaints to the Victoria Police Department.
Police contacted the applicant on a Monday, and they agreed that he had till Wednesday to fix the flat.
“A different constable observed the applicant’s vehicle that same Monday and made immediate arrangements for towing. The applicant’s vehicle was towed, and the applicant was billed $266.10,” the decision states.
The applicant offered a voicemail clip as evidence in which the constable agreed that there was a miscommunication, stating that the applicant’s bill would be reimbursed.
“The respondent says it has continually offered to reimburse the applicant for the towing bill, so I infer the respondent agrees that the applicant is entitled to reimbursement for the towing bill. So, I find the applicant is entitled to $266.10 for the towing bill,” the tribunal said.
The remaining $4,633.90 was for the time the applicant spent dealing with the case; however, they failed to provide any submissions or evidence detailing exactly how that amount was calculated. The tribunal dismissed that portion of the claim.
Ultimately, the applicant was vic-tow-rious when it came to the towing fee, and the BC Civil Resolution Tribunal did order the City of Victoria to pay $283.94, which included the towing bill and tribunal-related fees, within 30 days of the tribunal decision.
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