Anyone else had problems with vehicle towing? (Wilmington, Asheville: cost, law) - Coastal North Carolina - North Carolina (NC) - City-Data Forum

robma44541 · 08-02-2009, 03:02 PM

I was a victim of towing on Friday night, and I am not taking it sitting down! Having read the NC statutes, Chapter 20, Article 7, 20-219-2 on towing vehicles in this state, I find that they are towing illegally, did you know that a signed, written notice has to be given by the parking space owner to the towing company before they can remove your vehicle? And did you know you should ask to see that notice before you pay their ransom money? And you can refuse to pay and get your car "bonded" out of the pound while you request a Probable Cause Hearing, 20-219-11, and file it with the magistrates court to determine if cause existed for the towing? If you have been a victim of these ruthless towing companies let me know before I go to the magistrates court tomorrow to file a hearing.
Thanks for any help.

le roi · 08-03-2009, 07:41 AM

No idea, but keep us posted, and good luck.

Asheville Native · 08-03-2009, 08:38 AM

Life is too short, and you won't win, at least not without spending thousands in legal fees, and we don't need such trivial things clogging our courts.

Predatory towing is rampant in Asheville, and occasionally the victim gets the local TV or newspaper to cover how they have been victimized. The cops even set up a 'sting' with a couple of cars that got towed very quickly.

And NOTHING has changed, no one has gotten their money back, and the wreckers still circle like vultures 24/7.

Life is too short, pick battles you can win. Blunt truth is you cannot prove anything, and the predatory wrecker services just don't give a damn.

robma44541 · 08-03-2009, 10:50 AM

Thanks for the encouragement, its not trivial to me.

NCGT · 08-03-2009, 11:26 AM

I say fight. Let us know how it works out. I just wrote down that article number in case this happens to me again. Good info!

jeffffd · 08-03-2009, 01:44 PM

Did this happen at Carolina Beach? Apparently there has been some "predatory towing" there.
Island Gazette Online - State Law Addresses Private Property Towing (http://www.islandgazette.net/content/index.php?option=com_content&task=view&id=8658&Ite mid=1 - broken link)

movedtothecoast · 08-03-2009, 01:51 PM

had a friend who just recently had a car towed,
to get the car back it was $130 CASH only , my friend did not have excact change so the tow company pocketed an extra $ 10 because they DO NOT give change , only excact amount.

sounds all too fishy to me ,
good luck and thanks for figthing .

NCGT · 08-03-2009, 02:04 PM

That sounds like Earl's. They may be the worst in the area.

robma44541 · 08-04-2009, 10:49 AM

I'm sure that was Earls towing, they are the worst predatory towers in the area. They are a cash only business which does sound "fishy" doesn't it? It seems to be the guy is teflon coated as he has been getting away with it for years.
I'm trying to find out if he has a towing contract with the city, anyone know where to look?
It was Earl's that got me on Friday, it will cost 76.00 to file a small claims against him and the owner of the lot, I have been collecting photos, information and statute laws about these companies and they are blatantly violating the laws on the books which puts them in violation of the law, the signs are not in compliance, there are no signs at the entrances or at each parking space and the tow has to be a written request from the owner before they can tow you. Also they classified my vehicle as abandoned on the ticket and statute definitions of "abandoned" mean even on private property there has to be a 2 hour time lapse before they can request a towing truck, my car was picked up, towed and in the pound in 45 minutes.
Also I found out that the chances of you parking any toyota or honda (newer model) puts you at a greater risk of being towed by this guy, they don't go after the crappy cars because they assume the driver would'nt have the money to pay the fees, and they won't go for the more expensive cars because they are afraid of damage claims against them by people they know would sue them!

robma44541 · 08-04-2009, 11:01 AM

Hi there, No it was in Wilmington on a side street off Carolina Beach Rd. I did read that article though and I hope that CB does something about it, there are procedures in place for towing violations and these towing companies just ignore them.
I was a property manager for over 10 years, we had the same problems with parking violaters, but at least we would put a 24 hour warning notice under your wipers before we towed it the next day.
Not everyone who parks "illegally" does it intentionally, if the signs are not clearly posted and specific in detail you should be given the benefit of the doubt.
Just hanging a sign somewhere on the property is in violation of the laws on the books and we all need to start taking this issue up with the county and making property owners abide by the law also.
My next step is to find out how I can bring this issue up at the next Wilmington town hall meeting and check to see if this guy has any contracts with the city.