There is no doubt Chris’s vehicle was legally towed pursuant to MGL c.159B, § 6B, because it was involved in an accident and rendered inoperable, and it was blocking a public way. Chris also left in a Methuen Fire Dept. Ambulance.
MGL c. 255, § 39A provides for the storage of motor vehicle subject to an Involuntary-Tow. After notifying him of the location of the vehicle, and acknowledging his continued desire to have it stored there until the disposal of the insurance claim, they were legally entitled to a lien against the vehicle under MGL c. 255, § 25. (See bottom of this FORM )
This lien was based on an implied-contract, that existed by virtue of the City of Methuen’s Towing Contract with Valley Towing, requiring me to pay Valley Towing a sum, representing the towing and storage charges incurred, from the date they received the VEHICLE from the Methuen police, but not exceeding the fair market value of the vehicle. 28 Mass. App. Ct. 195.
In order to enforce this lien, Valley Towing would need to bring a civil action in the Lawrence District Court and MA Federal Court. MGL c. 255, § 26. (See also Mass RMV Policy on Titles – Mechanic’s Garage and Stored Vehicle Liens, To transfer ownership, a copy of the Court Order is always required.)
Because Valley Towing failed to properly enforce their implied lien through an Order of the Court, pursuant to MGL c. 255, § 26, to obtain necessary Title Rights to the vehicle, the subsequent conversion, and sale of the vehicle to Fram’s Auto was illegal under State Laws, MGL c. 266, § 28 (Felony Theft of a Motor Vehicle), and MGL c. 266, § 30 (Felony Larceny of Personal Property). Because Valley Towing did not legally own the vehicle, and knew it would be destroyed by selling it to Fram’s Auto, they are subject to MGL c. 266, § 127 for a “wanton” destruction of property.
Valley Towing has operated in Methuen for over 30 years, many years as an Authorized Towing Company for Police Tows. East End Auto Sales is also located at that location. They are both owned and operated by Ronald Parrino of Methuen. Valley Towing has a “Repairman Registration”, and East End Auto Sales has “Dealer Registration” issued by the City of Methuen Licensing Board.
Ronald Parrino is currently on the City of Methuen Licensing Board which is responsible for overseeing Automobile Dealer Licenses.
Fram’s Auto is a Used Car and Used Auto Parts Dealer also located in Methuen, MA. They currently hold a “Class 3 Motor Vehicle Junk License” issued by the City of Methuen Licensing Board, pursuant to MGL c.140, § 59. They are a “junkyard” as defined by 28 CFR 25.52.
The destruction and end-of-life processing of Motor Vehicles is subject to the “Federal Anti Car-Theft Act of 1992”. – NMVTIS, Specifically, 49 U.S.Code Chapter 305 – “National Motor Vehicle Title Information System”.
Because Valley Towing junks 5 or more cars a year, by definition, they are a “junkyard” see 28 CFR 25.52, and subject to NMVTIS reporting requirements 49 USC § 30504(a)(1), and penalties 49 USC § 30505. (See U.S. DOJ & NMVTIS Policy Clarification regarding Tow Operators and Towing Companies Reporting Requirements. )
Valley Towing regularly sends vehicles it acquires through Police-Tows to Fram’s Auto to be destroyed. Fram’s Auto has a separate lot, “the Valley Lot”, located just behind the used and repairable vehicles out front. The lot is fenced in with a separate entrance on a side street. This arrangement has been ongoing for many years.
As a junkyard, Fram’s Auto is required by 49 USC § 30504(a)(1), to report monthly, information on vehicles it obtains within the prior month, that it believes to be a “junk automobile” as defined under 49 USC § 30501(4) . Their Reporting Entity Id# is R003455. They are relieved of this obligation to report to NMVTIS, directly, if they report to the Mass RMV. 49 USC § 30504(a)(2)(A). (Mass currently reports to NMVTIS). Fram’s Auto is REQUIRED by MGL c.90D, § 20E, to report to Mass RMV, a vehicle it receives for the purpose of junking or scrapping within 10 days of receipt of the vehicle using this FORM. (See also Mass RMV Policy on Titles – Junk Vehicles.)
By failing to report the VEHICLE to the Mass RMV, Fram’s has failed to fulfill its obligations under MGL c.90D, § 20E. MGL c.140, § 67A, & MGL c.140, § 69 provide for Penalties. By failing to report the VEHICLE to the Mass RMV, Fram’s Auto has failed to fulfill its obligations under 49 USC § 30504(a)(1)., unless reporting to NMVTIS was done within the required time period prescribed by statute, which it did not. 49 USC § 30505 provides for penalties.
The selling, junking, and scrapping of second hand vehicles in Massachusetts is governed under MGL c.140, § 57 – 69 collectively. Under MGL c.140, § 59 the Methuen Licensing Board has the authority to issue and revoke a “Class 3 Motor Vehicle Junk License” for violations of MGL c.140, § 57 – 68. A “Class 3 Motor Vehicle Junk License” may also be revoked by the Registar, for failing to comply with the provisions of MGL c.140, § 57 – 68, as well as any provision of sections fifty-seven to sixty-eight, inclusive, or any rule or regulation made by the registrar under section sixty. See MGL c.140, § 69.
Fram’s Auto sells “Crushed Vehicles” to Recore Trading in NH. Recore Trading then transports and sells these “Crushed Cars” to Schnitzer Steel in Everett, MA, using Recore’s trucks to deliver the crushed cars.
Recore Trading acquires “junk automobiles” for resale. By definition, they are a “junkyard” see 28 CFR 25.52, and subject to NMVTIS reporting requirements 49 USC § 30504(a)(1), and penalties 49 USC § 30505. Recore Trading is subject to the Shredder and crushed car policy of NMVTIS.
Schnitzer is a “SHREDDER” of crushed cars and sells the scrap metals to over 20 Countries Worldwide. Schnitzer is a “junkyard” as defined in 28 CFR 25.52, and is currently reporting to NMVTIS any vehicle brought in by a towing company or small vendor. They do not however require VIN #s or other identifying info or documents for loads of crushed cars.
When Fram’s Auto sends out loads of Crushed Vehicles on a tractor trailer, they are required to provide a Bill of Lading identifying the vehicles being shipped and a statement providing a written/signed assurance or other written documentation that certifies that the vehicle or vehicles were reported to NMVTIS (e.g., a signature on a manifest/invoice or title document with a stamped or printed statement indicating prior reporting of vehicles to NMVTIS); Fram’s Auto is also required by Regulation of the Mass DEP, to certify on the Bill of Lading for each load shipped, that all mercury-added switches have been removed from the vehicles in this shipment in compliance with 310 CMR 74.04 .
When all of the proper steps are followed, NMVTIS and the the MGL’s and CMR’s provide a framework to ensures the proper handling and disposal of all hazardous wastes associated with each vehicle, but also to protect consumers from Motor Vehicle Fraud and Theft all the way through the end-of-life process, by creating a document trail every step of the way, beginning with the Purchaser, then an Insurance or Towing Company, the Junkyard, the Trucking Company who ships it when it leaves the junkyard, and finally the Scrap Company who ultimately destroys it.
Because of Valley Towing’s illegal conversion and sale, the vehicle was STOLEN. Fram’s Auto did not receive the proper paperwork to legally attain ownership of the vehicle, as is required by Law. Valley Towing did not have a Court Order transferring the Title and/or Ownership to them. The lack of proper ownership documents put both Parties on notice that buying or selling the vehicle may be illegal. By failing to report the vehicle to NMVTIS, they acted to conceal their illegal activity.
Valley Towing transported the vehicle in violation of 18 USC § 2312, and sold it to Fram’s Auto in Violation of 18 USC § 2313. Fram’s Auto purchased the VEHICLE in violation of 18 USC § 2313 and sometime later sold it violating 18 USC § 2313, and transported it in violation of 18 USC § 2312.
Because Fram’s Auto did not legally own the vehicle, and knew it would be destroyed by selling it to Schnitzer, they are subject to MGL c. 266, § 127 for a “wanton” destruction of property. Because Fram’s Auto receives Motor Vehicles unlawfully, then conceals and destroys them, while never reporting identifying info to the Mass RMV or NMVTIS, they are subject to 18 USC § 2322 for acting as a “Chop Shop”.
Finally, Valley Towing and Fram’s Auto have violated the Mass Consumer Protection Act MGL c. 93A by continuing deceptive and unfair business practices.
Because the was vehicle was recently purchased and not yet titled or registered, the vehicle was being transported on a Dealer Plate, which was removed from the car at Valley Towing on the day it was towed there. Valley Towing was made aware of this.
Valley Towing initially began their scheme to deprive me of my property by fraudulently mailing a certified letter to the previous owner of the vehicle in violation of 18 USC § 1341.
The listing of the vehicle is a FRAUD and an attempt to gain Title to the property and conceal the fraudulent transfer of my property to Fram’s Auto after the fact. The Titling of the vehicle was therefore a FRAUD and a violation of 18 USC § 513 and possibly 18 USC § 2314 and 18 USC § 2315. See “Motor Vehicle Titles as Securities“.
They hid their actions by pursuing the title under MGL c. 255, § 39A wich only requires a few listings in the newspaper, even though they knew I owned it. By doing this, they circumvented the Court procedure required by MGL c. 255, § 25 and which would have exposed their crimes to that Court and instead surreptitiously obtained Title to my VEHICLE even after I attempted to report it STOLEN to Methuen Police. This was done in furtherance of their scheme to disguise their criminal acts.
Since they sold the vehicle under they are required to file a FORM, (See HERE).
(Click on form to view)
Ronald Parrino, Valley Towing, and Fram’s Auto, are required to know the laws governing the transfer of Titles of Motor Vehicles, as well as the laws governing the junking of vehicles. Because of Valley Towing and Fram’s Auto’s unique relationship with each other, the Licensing Board, and Police Department, as well as the Mass RMV, they had adequate knowledge of the Laws and Rules for the towing and storage, transfer of titles, and and reporting of and junking of cars. They acted with complete disregard to the Laws and Rules.
As a member of the Licensing Board, Ronald Parrino is required to act on any violation of the Laws governing Automobile Dealerships for any Auto Dealer in Methuen, at the time the violation becomes known to him and to notify the Registar if necessary. …..
Frams Auto has been protected by Methuen Police for decades.