ITOW Talk Towing Forum :: Your Online Towing Industry Community :: Consumer Help :: A personal story about what happened to me

Last night, my car was towed from an Ohio State campus Wendy's parking lot. This happened at about 11:09 p.m. We (my girlfriend and I) left the car at no earlier than 11:04 p.m., and returned to the spot no later than 11:10 p.m.; incidentally, we were about to drive through the drive-thru and pick up some Wendy's. We left the parking lot to visit a local coffee shop situated directly next to the Wendy's parking lot (they have an ATM, we wanted some cash for the drive-thru).

In five minutes, my car was gone. We walked home to my girlfriend's apartment; fortunately for us, her apartment is not more than a mile away. I immediately hopped online and did some searching through the Ohio Revised Code and the Columbus City Code. In the ORC, I found the following:

Sec. 4513.60(B)(1)(a)(ii) states that all private tow-away zone signage must include the following, in order to qualify as a private tow-away zone: "The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered." Photo documentation has been taken of all of the signage on the lot; none of the signs include any address.

In the Columbus City Code, I found the following:

Sec. 2151.10(f)(3) of the CCC states that signage for a private tow-away zone must include the following, in order to qualify as a private tow-away zone: "VEHICLE MAY BE RECOVERED AT ANYTIME UPON PROOF OF OWNERSHIP AND PAYMENT OF TOWING CHARGE AND STORAGE." I called the tow company, Performance One towing, the very next day, and was told by dispatch that no one was available at the lot and, thus, my car could not be released for another one half of an hour. I am not sure as to what sort of contract the owner of the private property or their agent enter into with regard to fulfilling the obligations of the signage, but I will not be surprised if I find out that they are legally bound to agree to the conditions.

I arrived one-half of an hour later to the address provided by dispatch to pick up my car, and presented the dispatcher with a letter that I had prepared, informing them of the violations, under the ORC and CCC, that took place. Another section of both the ORC and the CCC provides that it is a criminal misdemeanor to tow any automobile on private property except as established under the private tow-away zone conditions; they did not meet those conditions, therefore, were criminally liable. The dispatcher's boss arrived and immediately began to berate me, verbally, and said, "Stop acting like a n-----, you're giving the white man a bad name." We argued for several minutes, at which point he decided to refuse to release my car to me upon payment, and called the police to have me arrested.

I exited the property and waited for the police just off of the property; when the officer arrived, I explained to her my side of the story. She then spoke with the proprietors of the establishment (whom she knew by name; she played with their dog), and got them to relinquish possession of my vehicle in exchange for payment. I paid (including a $20 administration charge, the legality of which is unclear at this point), took my car, and left.

I've left a message on the voicemail of the Wendy's district manager, in which I detail the predatory towing, the unavailability of my car, and the subsequent incident, including the racist slur.

What does everyone think? What should I do about this? Does anyone know any reputable tow companies in Ohio that don't practice "roam towing?" I would like to suggest that Wendy's use their services instead. The tow company that towed my car is called Performance One; they were formerly called Maximum Towing.

Hi Adam,

Sorry to hear about your situation.

I suspect that you, as most reasonable people, knew you were risking being towed by parking and going to an adjacent business. I know it sucks, but private property owners pay a great deal of money to buy and maintain those lots in order to run a successful business and they should indeed have the right to remove non-patrons in order to allow room for patrons. After all, if someone parked in your private driveway, wouldn't you want to remove them?

I personally don't believe that "predatory towing" or towing a car immediately after it's left improperly, is wrong. In fact, the idea that you should have a certain amount of time to act improper is not recognized in any industry.

With that said, I also believe the act of "roam towing" or allowing a tow company (instead of the owner/manager) to determine which vehicles are parked improperly is a little more sketchy. It works fine in some areas relieving the property owner from another duty, but there's possibility for abuse. The practice is not allowed in my state.

I also believe that property owners should ONLY be allowed to tow cars if their lot is properly posted at all entrances. If you cannot park there, you should be made aware.

If the lot was not in compliance, you absolutely SHOULD NOT of been towed, and you should contact the governing body for the towing industry in your area. This is most likely a "towing advisory board" at the city level. Ask them for a hearing to explain your circumstances. Be sure to get photographs of the non-complying lot.

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but private property owners pay a great deal of money to buy and maintain those lots in order to run a successful business and they should indeed have the right to remove non-patrons in order to allow room for patrons. After all, if someone parked in your private driveway, wouldn't you want to remove them?

Oh, sure. But I am a patron, that's the thing. I was going to the very closest ATM to get some cash; surely that's acceptable for a patron to do? I just find it a bit ridiculous that there exists a segment of the industry that thinks that it's fair business practice, legally compliant or not, to hook and book cars five minutes after they've been parked, without the property owner's permission. That is not what was intended when the towing industry was deregulated.

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In fact, the idea that you should have a certain amount of time to act improper is not recognized in any industry.

I see. So every party that gets too loud ought to end in arrest. And every person that jaywalks ought to be arrested. And every child who shoplifts a candy bar ought to go to juvie. And a restaurant that is guilty of code violations should be shut down immediately, instead of being given some time to get up to code.

But, as you said, there is potential for abuse; the abuse in Columbus is so rampant that it's assumed. No one in this city thinks that any tow truck driver ever acts fairly. That is the state of things at the moment.

Thanks for the advice. I will find out the appropriate legal body and take the appropriate actions. Also, any idea whether a BBB complaint, which I've already filed, ever goes anywhere?

Quote (AdamCassady @ April 08 2006, 6:46 pm)

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I agree, it's a hard line to take and I would not patronize a store with such a policy, but the only alternative is to violate the property rights of our citizens. Cities have toyed with giving people 30 minutes before a car can be towed, but it evolved into a 30 minute parking free-for-all for coffee shops and fast food restaurants.

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No, of course not, but those are illegal activities and you certainly can get a citation or maybe arrested for doing them.

The problem is there is no happy medium in this situation. The owner has property rights that shouldn't be violated. The best solution we've come up with so far is creating good sign posting regulations, hearing processes, and consequences for towing companies that break those rules.

I think your situation is special in that the lot was not properly posted; had it been, you likely wouldn't of parked there.

as a tower who worked for a impound company in Oregon I know your feelings.. :headbang:

is close..

Now in digging though the laws, that is great research..

Now comments about the signs, I have to defend the property owner and the tow company now.. I have been to lots here we went and posted signs and a day later they are torn down. People do try anything to get out of the bill..
That is human nature to try to cover up things.

That will always be a never ending battle, sign replacement is a on going job at some companies..

I wish you luck with the idea of small claims court.