August 4th
This afternoon at approximately 1:00 pm, I went to Pollo Tropical located at 8975 S. Dixie Highway for lunch, with the intention of visiting Design Depot located at 8935 S. Dixie Highway (next door to Pollo Tropical). After lunch I had planned to purchase a small side table and 4 bar stools my wife had previously seen at Design Depot. When I got to Pollo Tropical the parking lot was full. I proceeded to park next door at Design Depot, entering from the rear, since in the past there was a sign that indicated that the parking was designated for patrons visiting Pollo Tropical and Design Depot. As I entered the parking lot from the rear service road, the concrete parking bumpers were clearly labeled “ POLLO/DESIGN DEPOT.” I pulled into a vacant parking spot and walked to Pollo Tropical’s front door, a distance of about 70’ from my car to the front door of the restaurant. As I joined the ordering waiting line, a gentleman who was exiting said to me, “ Sir they are towing your car.“ I first thought it was a joke but when he insisted I turned around and looked to find out that my car was really being towed.
I ran toward the car and called to the driver of the tow truck to stop. The driver did not hear me, so, when I got close to the tow truck, I knocked on the rear bumper of the truck with the palm of my left hand (I am right handed) to insure the driver would hear me. The driver stopped pulling my car from the parking spot and yelled at me not to touch his truck. He made a big deal about it and finally told me not to ever touch his truck. I told him I was sorry but did so only for him to hear me.
I inquired as to the reason why he was towing my vehicle because I thought it had to be a mistake. He then informed me that I was illegally parked and the parking was reserved for DESIGN DEPOT customers only. I corrected him and told him that it was for Pollo Tropical as well. He then told me I should have read the sign on the concrete bumper which designated that specific spot was for DESIGN DEPOT only. I explained to him that I had not realized that and I was willing to drive my car away and not use the parking at all and to please unhook my car so I could leave.
He replied that since he already lifted the rear wheels of my car, which was still in the location I parked, I would have to pay him to put it down. I argued with him for a few minutes explaining to him that he was not being fair to me since I did not knowingly park my car there with the intention of breaking the law. Furthermore, I was only there for about 10 minutes or less and I would take my car out of the parking lot in order to resolve this issue.
He insisted that I had to pay him in order to unhook my car. The offer was that I had to pay him $50.00 cash on the spot otherwise he would take my car away. I told him I did not have enough money on me but I could go to the the nearest ATM and get him the money. At this point he claimed that if I did, the fee would then be $104.00. I insisted that I could call my wife and have her bring the money to me. He then told me that he could not afford to wait for my wife to come. He said that he was willing to help me by driving me to the ATM and charge me $104.00, or, I would have to pick up my car at his impounded location, pay a higher fee plus a storage fee. That did not make sense to me but I had no choice. He drove me to the ATM about 800’ away to the CVS Pharmacy located at 8765 South Dixie Highway (the corner of US1 and Kendall Dr.) with my car in tow. I got the cash and before handing it to him I requested a receipt. He hesitated, I insisted, and then, he asked for my driver’s license which I refused to give him since he was not a police officer. He insisted for me to provide him a photo ID in order to get a receipt from him. I then showed him my concealed weapon permit with my picture on it. Then he provided me with a receipt.
I left and later on at about 6:30 pm I went back to the Design Depot parking lot where there was a Pinecrest police officer in her car. I approached her and relayed the event to her. The officer was very polite and explained to me that since it happened on private property she had no jurisdiction over the matter. She further explained to me that I could take my complaint to civil court and agreed with me that those towing companies are usually staffed with shady characters.
I then visited the Design Depot and requested to speak to the manager. Since he was not on site, I spoke to two employees, Carolina and Marlene. I explained the situation to them and left my Business Card and asked them to have the manager call me so I could relay the event to him.
I visited the Pollo Tropical’s manager Angie Mora as well and related to her what had happened that afternoon. I did ask her out of courtesy to post a note on the front door to inform her customers to make sure they read all the concrete stoppers on the lot next door before they park their vehicle, because this was a trap and they would be robbed like I was.
According to the receipt given to me the towing company is:
CHIRINO TOWING
ph # 786-970-7211
4421 SW 75 Ave # 15
Miami Fl, 33155
The driver’s name is Jose.
In conclusion I would strongly advise anyone visiting the DESIGN DEPOT and Pollo Tropical at these specific locations that they are taking a chance of being robbed by the above mentioned CHIRINO TOWING since the unscrupulous driver named Jose is in the shadow waiting for the next victim with his towing truck ready to be put to use.
On Sept. 5, about 1:45 pm., Mr. Mauricio Guaraciada, the Manager for Design Depot called. I relayed the event to him as stated above. Mr. Guaraciada explained to me that he was forced to reserve a few parking spots for his business since his clients were complaining of not being able to find parking since all the spots were always taken by Pollo Tropical’s patrons. I fully understood his position so I suggested to him to please post a sign explaining that to all patrons to avoid further misunderstandings. He insisted that it was a private parking lot and he was acting within the law. He attempted to reach a compromise with me only if I could prove that I was a past client of Design Depot and was ready to make a purchase. I explained to him that I was an old client and could not remember the last time I purchased something from his store (may be 2 years ago or more), however, as a Realtor I have recommended many clients to his store because the furniture is modern and contemporary. At this point there was no longer any interest in dealing with me since I no longer had any intention to do business with the store.
In closing, I did inform him that I was planning to contact The Consumer Agency of Miami-Dade County and I might relay this unfortunate experience to everyone in my sphere of influence including but not limited to family, friends and fellow Realtors. The conversation ended at this point and he advised me to contact his attorney, which I declined.
Please let me know what can be done to protect the Miami-Dade County’s consumers, as well as what do I need to do to recuperate the $104.00 I had to give to CHIRINO TOWING TOWING to secure the release of my car at the site.
I thank you for taking the time to read this letter.
Roland Dupuy
(Personal Info Removed)
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