Predatory towing

Predatory towing

Predatory towing is conduct by towing companies that remove vehicles without the consent of the owners and sometimes overcharge them, damage their vehicles and carry out other abusive practices. The companies involved may 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). 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. 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.

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.

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. [cite web
title = Highway Traffic Act, Section 80
url = http://www.canlii.ca/on/laws/sta/h-8/20070117/whole.html#BK126
accessdate = 2007-03-24
] 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" [cite web
title = Highway Traffic Act, Section 160
url = http://www.canlii.ca/on/laws/sta/h-8/20070117/whole.html#BK228
accessdate = 2007-03-24
] Finally, only commercial vehicles are permitted to draw more than one vehicle. [cite web
title = Highway Traffic Act, Section 161
url = http://www.canlii.ca/on/laws/sta/h-8/20070117/whole.html#BK228
accessdate = 2007-03-24
]

Virginia, USA

Virginia and its municipalities have enacted protective legislation for motor vehicle owners to prevent predatory towing--a great problem in metropolitan cities in the USA. 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.

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 being towed.

References

External links

* [http://www.emailthis.clickability.com/et/emailThis?click
]


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