Overcharged for tow - any remedies?

First off, let me just say that I'm guilty as charged - I left my car in the parking lot of a business that was clearly marked with signs that indicated that parking was for customers only and all other vehicles would be towed. I'm also willing to pay a reasonable price for the tow since I realize I was at fault.

Here's my gripe:

The business called a private towing company who normally charges $65 for a tow, plus mileage. In my case, my vehicle was towed a mere 30 yards to an adjacent parking lot that I couldn't see from where my car was towed. The guy who towed my car, who was still there with two of his coworkers, who each had their own tow trucks and were towing other cars (there were 10-15 cars towed within a matter of about 30 minutes), demanded that I pay $150 to get my car back. I obviously had no choice but to pay him (with VISA).

I've read that there are some ordinances that require a tow company to charge no more than what the local police would charge. If they overcharge, they are liable for 4 times the amount that they charged. A quick Google didn't reveal a similar ordinance in my county but there's got to be something similar.

I've already been in contact with the State Attorney General's Office and I will be filing a complaint with them. I'll also be filing a claim with VISA's Dispute Resolution Dept.

Anyone have any experience with this type of thing? What are my chances of recovering some of my money? It makes me sick when I think of the flashlights I could buy with $150.

report them to the police, sounds like extortion from the tow-truck guy.

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greenLED said:
report them to the police, sounds like extortion from the tow-truck guy.

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I just called the local police today and I actually told them I thought it was extortion and I wanted to press charges. The officer told me that it wasn't extortion. I asked him to define extortion and he read the definition from some book he had there and then presumably, though not admittedly, realized he was wrong. He then told me to take a hike anyway. They apparently can pick and choose which laws they want to enforce. One officer actually hung up on me.

Serve and protect?

One could file an action against them in small claims court, and rely on 75 Pa.C.S.A. § 3353. It states in relevant part that your vehicle may be removed from private property "at reasonable expense". $150 is not reasonable as it is more than 2x what a normal tow costs, and the vehicle was only moved a few feet. The statute also provides for a small fine ($50) to be imposed against those who violate its terms.

If it were me, I would send them a copy of the law and demand a partial refund. When they decline, I would sue their arses. And I would win. But thats me. /ubbthreads/images/graemlins/smile.gif Of course, there are certain costs incurred in filing an action, but I would do it just to make those lardbuckets sweat.

I would also investigate whether a local ordinance exists on the issue. I bet it does, and it would be controlling.

One could also contact the local tv station or so-called investigative journalist. Cockroaches hate the sunlight.

Note that I said this is what I would do. I didn't say it is what you should do. This is not legal advice. /ubbthreads/images/graemlins/smile.gif

best regards

Thanks powernoodle. My local TV station does do some sort of "investigative reporting" segment. I'll see if they're interested. It may prompt others to come forward and file a claim.

I'll also see if I can find an ordinance. If not, I'll definitely send them a copy of 75 Pa.C.S.A. § 3353 and see what happens. I don't mind spending a few extra bucks to "make those lardbuckets sweat".

In my state it is a mandatory 90 dollar fee when the police call for a tow.

Hmm, I may have to get a wrecker.

Have the credit card company reverse the charge!

Marc

I doubt the credit card company will reverse the charge since this is not a case of fraud. You gave the card number and authorized the charge, so it is not part of the credit card's fraud policy. Extortion is a different matter that is outside of the realm of the credit card company.

It's kind of like if you paid in cash, you could not call the police and say you were robbed of the cash.

That does not make the charge fair and I agree this is a dispicable practice. In my town, this kind of thing got out of hand and the local news started covering it to some degree. The city eventually passed some laws to regulate it and that helped the problem. I think the town council was finally motivated to act based on the idea that downtown revitalization efforts were being undermined by the fact that nobody wanted to park downtown any more, partially due to the predatory towing problem.

Good luck and I hope you inflict some real pain on those jerks.

Out here in Cali it's called "predatory towing" and it's running rampant since the deregulation of the towing industry. A woman had double-parked in the rain awhile back to run into her house for all of 90 seconds. They swooped on her car and towed it off with a sleeping 4-yr old locked inside.

Rat *******s will do anything for a buck.

Small claims court!