Predatory towing
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Predatory towing is conduct by towing companies whereby they remove vehicles without the consent of the owners and sometimes overcharge them, damage their vehicles and carry out other abusive practices. Not all towing companies engage in these practices but many do. Those that do tend to enter into contracts with lot owners or private property owners to tow away vehicles, lawfully and unlawfully, and keep a portion of the money received (splitting part with the owner of the lot/property).
In the first decade of the 2000s, many States in the United States began to regulate these practices more stringently.
The towing company has little incentive to be reasonable in its practices because they have the vehicle and can keep it it until the owner pays the towing and storage fees. The towing companies retain an attorney to make things difficult for pro se litigants to handle the matter on their own, using technicalities and their knowledge of the legal system to deny justice for the pro se litigants. Frequently the vehicle owner's loss is too small to warrant hiring an attorney of their own.
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[edit] Towing laws
In some jurisdictions, it is illegal to tow an occupied vehicle, as this could constitute kidnapping. This is a method used by some people to prevent a car from being towed. Towing laws are also sometimes necessary because of predatory towing practices.
[edit] Ontario
Ontario has rules governing the towing of another vehicle. Since 1990 the Highway Traffic Act has stated that attachments are required when a vehicle is drawn on highway.[1] Furthermore, it is unlawfull to permit any person "riding upon a bicycle, coaster, roller skates, skis, toboggan, sled or toy vehicle to attach the same, himself or herself to the vehicle"[2] Finally, only commercial vehicles are permitted to draw more than one vehicle.[3]
[edit] Virginia, USA
Virginia and its municipalities have enacted protective legislation for motor vehicle owners that could be a model for other states to prevent predatory towing--a great problem in metropolitan cities in the USA. Predatory towing is a system of abusive practices by towing companies that involves unlawfully towing vehicles without the consent of the owner, damaging the vehicles and refusing to pay the owner for their loss, and charging more than the market price for towing. Predatory towing increases insurance costs (damage to vehicles is common), is unfair to vehicle owners in that the companies charge more than the market rate for towing, and vehicles are not released until the fees are paid. Some features of the legislation include the requirement to post warning signs at all entrances, setting maximum fees for towing and storage, and requiring photographs to be taken before towing to show the condition of the vehicle as well as the unlawfulness of the towing.
[edit] Tow prevention methods
Many motorists have sought ways to prevent their vehicles from being towed. Methods often include the use of hand brake locks or wheel clamps. However, in cases where towing away is made difficult, the vehicle can still be lifted onto a Flatbed truck, so that the wheels are not on the ground. It is not possible to fully prevent a vehicle from getting towed.
[edit] References
- ^ Highway Traffic Act, Section 80. Retrieved on 2007-03-24.
- ^ Highway Traffic Act, Section 160. Retrieved on 2007-03-24.
- ^ Highway Traffic Act, Section 161. Retrieved on 2007-03-24.
