Independent Monitor

On October 17, 2014, the letter below was sent to David Kelley, an attorney who has been appointed the Independent Monitor of TOYOTA as part of the $1.2 BILLION settlement with the Department of Justice, TOYOTA'S GET OUT OF JAIL FREE CARD!
[The letter below was sent without the images or highlighting.]

David N. Kelley, Esq.

Independent Monitor

Cahill Gordon & Reindel LLP

80 Pine Street

New York, NY 10005-1702

Re: TOYOTA DEFECT INVESTIGATION & TAMPERING

Dear Mr. Kelley:

April 23, 2012, I purchased a NEW 2012 Prius C from Route 44 Toyota located in Raynham, MA, at the time incorrectly believing TOYOTA would be responsive to problems with their vehicles.

I am simply a CONSUMER!

My 2012 TOYOTA Prius C had 600 miles on the odometer as I drove out of a parking garage.

The vehicle experienced such a significant jolt [NO NOISE] I initially believed my TOYOTA had been struck in the rear and subsequently realized the jolt was caused by the vehicle itself transitioning from the battery to its gas engine.

When TOYOTA called that evening and I shared my experience, I was instructed to call the dealership to have the vehicle checked.

Initially, the dealership refused to make an appointment, assuring me this was NORMAL OPERATION even though it was not previously experienced. Major jolt from transitioning?

A short time later, while approaching a STOP SIGN at a Public School Crossing, I applied the BRAKES, and as the pedal traveled to the floor, a dash light flashed on while the TOYOTA continued to travel through the STOP SIGN.

I subsequently drove SLOWLY to my home and had the vehicle towed to the dealership.

I was assured there were "NO COMPUTER ERROR MESSAGES."

I was informed a TOYOTA SERVICE PERSON would examine and test drive my 2012 Prius C but was prevented from being present.

When I subsequently attempted to retrieve my vehicle, the brake pedal again traveled to the floor which I have come to understand is NOT acceptable behavior.

I left my TOYOTA at the dealership to have it examined again and was informed this is how electronic brakes operate and I just needed to get 'used to it.'

It is now my understanding once the ignition has been shut off and turned on or the battery disconnected, all computer error messages are erased.

I refused to drive a TOYOTA that experienced unpredictable behavior in less than a month of operation and less than 1,000 miles on the odometer. I left the vehicle on the dealer's property and filed a complaint. How can any driver operate a 2012 TOYOTA Prius C with unpredictable behavior?

 

When I cleaned the vehicle out and retrieved its license plates in August 2012, I reported to my attorney at that time the ODOMETER read ~ 600 miles.

I knew at that time my vehicle had been tampered with while in the custody of the dealership.

I did NOT turn on the ignition, but merely turned the key to the accessory position.

I subsequently became aware of NHTSA's process to Petition for Defect Investigation which I filed because I firmly believe there are 2 separate issues:

1. my refusal to drive a TOYOTA vehicle in which I would jeopardize the safety of others

2. the safety of other TOYOTA owners if there is a safety/software defect

 

When NHTSA arrived at the dealership to examine and test drive the vehicle, it had been sitting for almost a year, its battery was dead and required replacement.

That would delete any error messages.

You will note NHTSA has documented subsequent TAMPERING with the ODOMETER, posted in the Federal Register in JULY 2014.

https://www.cfr-ebooks.com/register/2014/Jul/31/2014-17984.pdf

Denial of Motor Vehicle Defect Petition, DP13-002, 44487-44491 [2014-17983]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

Denial of Motor Vehicle Defect Petition,

DP13–002

If there was nothing found wrong with my TOYOTA, why was its odometer TAMPERED with?

You will note the inclusion of information about a 'HILL HOLD FEATURE,' yet when the BRAKE FAILURE was experienced, I was operating on a FLAT SURFACE, there were never any bells or whistles noted.

This matter goes far beyond the egregious conduct by NHTSA and TOYOTA.

Subsequent to filing a lawsuit, I discovered the dealership, Route 44 Toyota had violated the FCRA [Fair Debt Collections Practices Act] and illegally requested a credit report on the day I presented payment in full for the vehicle. 

 

 

In addition, Route 44 Toyota requested my credit report on the day [October 2012] they discovered my vehicle on their property with no license plates on it.

Route 44 Toyota also illegally requested a credit report of a disinterested 3rd party on that date.

We did NOT travel to the dealership, request credit or undertake any action enumerated under FCRA.

When I filed a complaint with TOYOTA, it was ignored.

When I posted my experience on 'dealerrater', a web site which provides the dealership with a two week time frame to remedy a consumer problem prior to making it publicly available, I was threatened with a SLAPP suit by the dealership's attorney, Daniel Viera.

 

In my complaint, I sought to have the purchase price of my 2012 TOYOTA Prius C refunded along with other associated costs.

Instead, I have been stalked, spied upon, my medical records shared [for which 2 agencies are currently investigating HIPAA violations] and more.

It is now more than two years since the complaint was filed and TOYOTA's attacks continue, while the deposition process remains incomplete.

Attorney Keith Rose has traveled to and from Albany, NY, requiring 4 hours to Plymouth, MA, 4 hours back to Albany for nonsensical reasons.

 

 

During the first year, Attorney Rose had profuse 'scheduling conflicts' which reflects TOYOTA's DILLY, DALLY, DELAY, STALL & BILL 'EM tactics. 

 

 

[THE KING OF CONFLICT!]

Each time, Attorney Rose stands before the court, he presents bizarre and fictional versions of this matter.

 

 

I am a simple consumer who mistakenly purchased a new 2012 TOYOTA Prius C.

Instead of making the vehicle function properly, I have been attacked, discredited, stalked,.....

 my medical records shared....,

 

 

 

....my sobriety and drug use challenged, illegally obtained credit reports abused, my privacy invaded and more.

 

As a consumer, I have been strong-armed, stalked and attacked for protesting a DEFECTIVE TOYOTA vehicle.

 

Since the Federal Register Denial was posted in July 2014 [while strangely the Public Comment period ended in April 2014] this matter does seem to fall within your jurisdiction.

Other TOYOTA owners are stuck with these malfunctioning vehicles because they have no recourse and it's time to make things right for consumers.

 

[JUST MY OPINION...AT THE MOMENT!]

Where it began.....

Where it began
I can't begin to know it
But then I know it's growing strong
Was in the spring
And spring became a summer
Who'd believe you'd come along


THE LEMON LADY has always loved this song....the beginning reminds her MORE and MORE of TOYOTA!


THE LEMON LADY would never desecrate the song by amending the verse to define TOYOTA!

Read more: Neil Diamond - Sweet Caroline Lyrics | MetroLyrics



JUST A REMINDER OF WHERE IT BEGAN.....

More Than A LEMON......

Strange stuff....

Another MR. ALBANY ROUTE 44 TOYOTA EVENT approaching.....

...always an adventure.....

....at least this time, MR. ALBANY ROUTE 44 TOYOTA finally figured out he didn't want to arise before the rooster.....

...will Attorney Daniel Viera show up his customary LATE? .....very busy man, ya know!....and say nothing for his billable hours.....

...look admiringly at MR. ALBANY ROUTE 44 TOYOTA in his silence?......

 

 

 

 

.....just chugging along with those BILLABLE HOURS....

 

 

 

 

...it's always more fun to go before a Judge.....

MR. ALBANY ROUTE 44 TOYOTA whined to a Judge.....'but, but, but, she's an activist!....'

Since MR. ALBANY ROUTE 44 TOYOTA always looks angry, interpreting his meaning is difficult....

Ta Ta! See you for the next endless DEPOSITION!.... TOYOTA'S DILLY, DALLY, DELAY, STALL & BILL 'EM TACTIC!

HAVE A WONDERFUL WEEKEND!

AND DON'T FORGET TO VOTE!

Just a consumer.....

All the LEMON LADY did was BUY A BRAND NEW TOYOTA.....

.....never expecting to go through a STOP SIGN at a PUBLIC SCHOOL CROSSING.....

THE LEMON LADY believed that TOYOTA had acted with INTEGRITY and corrected TOYOTA'S PROBLEMS.....

....instead, MR. ALBANY ROUTE 44 TOYOTA suggests that THE LEMON LADY consumed alcohol to discredit .....

.....the BEST TOYOTA can do is ATTACK and SILENCE THE MEDIA....instead of correcting TOYOTA'S PROBLEMS.....

What a PATHETIC COMMENTARY about TOYOTA!

Here are several articles that define TOYOTA from Betsy Benjaminson, an heroic whistleblower who brought TOYOTA'S CONDUCT into the public spotlight:


Morikazu Tsuji again: Top secret materials for "most deeply involved" and "top management;" he will make the "assault"

Christopher Reynolds advises on "image crisis," not "safety crisis"

Eric Holder: Toyota "Showed a blatant disregard fo...

Parris Boyd, the pithy critic of Toyota, tells it ...

Toyota's well-orchestrated smoke screen.....

Who knew that driving a Toyota or Lexus could result in jail time and worse if a sudden unintended acceleration accident occurred? Toyota said all this is over because the recall has been done and it has paid its $1.2 billion fine. THINK again if you believe that claim! The real problem currently is ELECTRONIC SUA and accidents are happening daily. Many of these involve vehicles in parking lots when braking is initiated. Storefront crashes and crashes-into-buildings/homes are reported.

Toyota finds the vehicle faultless...no code stored and EDR (black box) shows no braking. However, Toyota and Lexus drivers report the vehicle "taking off" or "having a mind of its own." These same vehicles have been reported going airborne from a standstill starting point in a parking lot!

Here are the critical issues:

Sloppily-designed Toyota electronic throttle system software (see Michael Barr's findings) equals RUNAWAY---a.k.a. sudden unintended acceleration----Toyota and Lexus vehicles.

Worse? The electronic fail-safe---a.k.a. the way to stop the runaway---is also rendered ineffective at the time of the SUA glitch (Michael Barr, embedded software expert).

Translation? Your runaway Toyota or Lexus is not going to stop until something stops it!

Even worse? Your Toyota or Lexus EDR---a.k.a black box---is going to record inconsistent, unreliable data (see Dr. Antony Anderson's findings).

Problem? You will be CHARGED for any deaths or injuries to others as a result of an accident your runaway vehicle causes based on the faulty EDR results and an assumption of "driver pedal misapplication."

More of a problem? You may go to JAIL or prison if the EDR erroneously shows that you are not braking---which it has for others more often than not. Essentially, you will be deemed not telling the truth or confused in media coverage because Toyota will say its EDR is accurate---even though it admitted this data was unreliable previously.

Even a bigger problem? If there is any chance a detail comes out that supports the driver, the media will take sides with the automaker and support your character assassination publicly. Are you on prescription meds or any medications? Are you an older citizen? Are you a woman and older? Bingo! Elderly pedal misapplication, according to media and Toyota.

Don't worry...all your skeletons will be dug up as Toyota goes full steam ahead to escape blame for faulty electronics! Just keep track of all these mysterious vehicles-into-homes and storefront crashes and read the headlines. Read the PR propaganda supporting driver error.

Toyota's $$ goes far and wide...even to the heart of the very agency commissioned to protect your SAFETY! The DOJ and NHTSA are still looking the other way---a.k.a. protecting corporate interests. They do not want to open up the ELECTRONIC sudden unintended acceleration issue as then there will be a public cover-up scandal which rivals the best---or worst---of them.

All the above doesn't factor in the so far little-known in the U.S. whistleblower, Betsy Benjaminson. She has copies of hundreds of internal Toyota documents. Many of these show clear evidence of concern over an electronic throttle system problem---a.k.a. "ghost in the engine"---and the lack of fix for it. Betsy has a blog where she has posted some of the evidence. She's been the feature of several articles and a podcast interview outside the U.S. Google her name to find.

Toyota, the media, and the government seem to be handling each new suspicious runaway vehicle accident---a.k.a. driver states pressing brake when the vehicle takes off, becomes airborne, has a mind of its own, etc.---on a case-by-case basis. Apparently, there is the hope that each case will blow over with little public attention. There is hope, too, that the public buys into the PR machine working overtime with law enforcement and media to BLAME the vehicle driver. SUA victim = SCAPEGOAT.

As far as Toyota is concerned, it is DONE with the topic of sudden unintended acceleration. Period. It got the free pass with a huge U.S. Government fine---a.k.a. permission not to face the music regarding ELECTRONIC SUA. Floor mats, pedals, driver error...done DEAL.

Toyota's well-orchestrated smoke screen continues aided and abetted by our very own safety regulatory agency. Can't beat that! The sky's the limit now...think of all the untoward consequences for Toyota owners, not to mention the driving public.

Toyota is #1 in numbers of sudden unintended acceleration events. BUT...it is not alone! This is an industry-wide phenomenon and not one automaker wants the public knowledgeable about ELECTRONIC sudden unintended acceleration.

suddenunintendedacceleration@gmail.com

Discredit! Discredit! Discredit! #3 MR. ALBANY TOYOTA and TIMBER TRUST PASS

All part of the disingenuous TOYOTA CORPORATION PLAYBOOK instead of fixing the LEMON LADY'S  BRAND NEW TOYOTA! 


THE LEMON LADY has NEVER been accused of not speaking clearly, not articulating her words as if she has a mouth filled with dog biscuits......

In MR. ALBANY ROUTE 44 TOYOTA's deposition instructions, MR. ALBANY ROUTE 44 TOYOTA instructed the LEMON LADY to ask for clarification if a question was unclear. 

WELL.....shouldn't the same hold true for MR. ALBANY ROUTE 44 TOYOTA [WHATEVER]? 

MR. ALBANY ROUTE 44 TOYOTA [WHATEVER] gets to that part about maybe there was some stuff in the Boston Land Court that involved the LEMON LADY. 

What's it in reference to???? 

LEMON LADY offers TIMBER TRESPASS [M.G.L. statute below] since MR. ALBANY ROUTE 44 TOYOTA [WHATEVER]'s dog ate his homework....

MR. ALBANY TOYOTA [WHATEVER]  asks the LEMON LADY about TIMBER TRUST PASS because MR. ALBANY TOYOTA [WHATEVER] apparently can't HEAR clearly in addition to his previously itemized memory problems.....

 
THIS IS THE PROBLEM WITH MASSACHUSETTS RECIPROCITY! [another issue]...remember when MR. ALBANY ROUTE 44 TOYOTA argued with a judge because MR. ALBANY ROUTE 44 TOYOTA screwed up?




















...maybe it was because THE JUDGE was FEMALE...ya think he has a problem with women in addition to his other emotional problems?..... 

 

POSTED HERE: Will Toyota U.S.A. Notice????

Happy Thanksgiving, TOYOTA! 

MR. ALBANY ROUTE 44 TOYOTA [WHATEVER]  throws his well-controlled hissy fit...

....when the LEMON LADY corrects MR. ALBANY ROUTE 44 TOYOTA [WHATEVER]  because he never listens.....

...MR. ALBANY ROUTE 44 TOYOTA insists the LEMON LADY should interpret the statute.....

....isn't that what attorneys go to law school for? Isn't that what they get paid for? .....

Massachusetts General Law Chapter 242 Section 7

Section 7. A person who without license willfully cuts down, carries away, girdles or otherwise destroys trees, timber, wood or underwood on the land of another shall be liable to the owner in tort for three times the amount of the damages assessed therefor; but if it is found that the defendant had good reason to believe that the land on which the trespass was committed was his own or that he was otherwise lawfully authorized to do the acts complained of, he shall be liable for single damages only.



You see this has ABSOLUTELY NOTHING TO DO WITH THE BRAND NEW ROUTE 44 TOYOTA THAT IS THE SUBJECT OF THIS LAWSUIT!

IN MY OPINION!