‘This is racketeering,’ cries driver whose vehicle was towed after weather forced him off the road – he was fined $2,700
A DRIVER was left fuming over a $2,700 tow charge after he was forced to pull off the road due to bad weather.
Jaleel Shaw, owner of S-Greenlight Trucking, was driving through Memphis in the middle of a storm when he pulled over due to heavy fog.
He said he wasn't able to see pay-to-park signs due to the poor weather and his truck was booted in the middle of the night.
An employee of the company that booted his car, A1 Towing and Hauling, reportedly told Shaw that he had 15 minutes to pay a $400 boot removal fee or his truck would be towed.
Shaw said he tried to pay with a credit card, but the system wasn't working.
"I was trying to pay. It wouldn’t accept the payment and they wouldn’t accept cash," he told local CBS affiliate WREG.
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"They outnumbered me, bullied me."
Shaw said that several armed men from A1 came to the scene and Memphis Police officers arrived shortly after.
The state of Tennessee or somebody needs to shut these people down."
Fenn Church, owner of Church Transportation
While Shaw was talking with police, A1's driver reportedly hopped into the truck and towed it away.
Getting it back cost Shaw $2,700.
"What they are doing is using intimidation tactics. This is racketeering, almost," Shaw alleged after the ordeal.
"I understand there is stuff going on with the city, but they’re not following the city ordinances."
A1's attorney said that permission to tow the truck was granted when Shaw signed a release.
Shaw argued that he signed it "under duress."
According to Memphis' booting ordinance, a driver has 24 hours to pay a fee - longer than A1's 10 or 15 minutes they gave Shaw - and the highest a company can charge to remove the boot is $50 - a lot less than A1's $400 fee.
Attorneys with the towing company said they operate off state law rather than city ordinance.
But Ford Canale, a local city councilman, said the laws are mirrored.
As a result, the company's permits were revoked in November for 60 days following additional complaints from other drivers.
"They were preying on individuals and trying to collect exorbitant rates that were unlawful," said Canale.
TOW TROUBLE
A1's Towing & Hauling is earning a reputation after several out-of-state semi-truck drivers complained about its booting and towing practices, along with bloated fees to have their trucks returned.
In October of last year, the Tennessee Highway Patrol (THP) and the Memphis Police Department launched an investigation into the company after complaints flooded the department.
Even the Tennessee Department of Safety and Homeland Security indicated they'd be involved if necessary.
Two drivers said they were preyed upon at the same gas station, where A1's driver was allegedly exceedingly aggressive and charged thousands to release trucks.
Fenn Church, the owner of Church Transportation, said he had an A1 employee boot his driver's truck while the operator was inside the vehicle.
They were preying on individuals and trying to collect exorbitant rates that were unlawful.
Memphis City Councilman Ford Canale
He said his driver was forced to pay a nearly $300 fee to remove the boot.
He tried to pay with a credit card but A1's driver reportedly told him he was out of time and towed the 18-wheeler.
Church's driver then had to pay over $4,500 to have the truck returned, Church said.
"I called A1’s towing myself and talked to a guy in dispatch, and I said, 'Greg, there is no need to tow the truck. Just tell me what you want, and we’ll be glad to pay your ransom. Just tell me what you want,'" Church told CBC affiliate WREG.
"Nope, it doesn't work like that."
PERMIT REVOKED
On March 7, the company's permits were revoked for an additional 30 days after more complaints were sent to the city of Memphis.
However, the suspension was quickly reversed by a judge, putting the company back in business, local ABC affiliate WATN reported.
Transportation Commissioners for the city spoke with A1 Towing's owner, Colten Cathey, who stood by his practices.
"In this situation, I’m having a hard time wrapping my personal arms around this because of the multitude of complaints that seem to be reoccurring," Commissioner Kevin Kane said.
"There is something wrong here."
What to do if your car is towed
Wrongfully or not, retrieving a towed vehicle can be a hassle.
If your vehicle is towed after parking in a "No Parking" zone or other legitimate reason, there are a few steps to take to get it back.
Steps to take when your car is towed:
- Try to figure out why your car was towed. Did you not see a posted "No Parking" sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
- Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
- Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
- Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.
If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:
- Be prompt - many states have a small window of time where it's acceptable to file a complaint against a company that wrongfully towed the vehicle.
- Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
- Get familiar with your local laws, as laws for towing companies vary per state.
- Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
- Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
- Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.
Source: Oregon Department of Justice, National General, Rak Law Firm
Church Transportation has now filed a $5 million civil lawsuit against A1 Towing & Hauling, accusing the company of violating the federal anti-racketeering act, RICO.
The document is 56 pages long and alleges that Cathey operates his predatory practices under several names and charges unlawful fees to drivers after illegally harassing, assaulting, and hijacking truckers.
"This whole thing is impeding interstate commerce in and around Memphis, and they stretch into northern Mississippi and stretching over into western Arkansas, and it has gotten hundreds of companies aware of what is going on," Church told WREG.
He said that the suit may be a dead end, but it's a crucial step to holding A1 accountable.
"I think we are just throwing good money after bad money with this lawsuit, but it’s one small effort we are using to put these people out of business," he said.
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"The state of Tennessee or somebody needs to shut these people down."
The U.S. Sun contacted the Memphis City Council and A1 Towing & Hauling for an update on the lawsuit.f