Tow Jam by David Manley photo by Brett Lider "Well, I'll tell yeh," drawled Scott, "since yeh weren't too much of an asshole to me, I won't write 'illegally parked' on your receipt. That way you can claim it on your insurance." What a sage. Scott epitomized the tow truck driver we all know and love, that certain continental savoir faire and the chaw of Red Man between his cheek and gum. He was nice enough, I suppose, if you don't consider the fact that he was a vulture. This is the way it works: Scott hops in his big red Chevy pickup and cruises around every evening looking for his kill. Sometimes he's called out, other times he isn't. Almost always, he nets himself some commission, and his towing company at least 40 bucks. I had just finished helping my comrade Alison carry some groceries into her Oxford Hill apartment when the upstairs tenants bounded down the stairs yelling. About that time, Alison peeked out the window to see a truck from Jones Wrecker backing up to my car, maneuvering its talons into position to penetrate my car's bunny-like innocence. I met Scott at the door of his rig, my uncertain grin disappearing. "Uhh ... this is my car." "Well, you owe me 25 dollars if you don't want me to tow it." "What's the money for?" "It's our call-out fee." I bombarded Scott intensely, in true F. Lee Bailey fashion. He finally admitted that he was never, in fact, called out and that he was simply "cruising" the parking lot. My Visa bore the burden, otherwise I would have either been blocked in for the afternoon or towed. I was quick to raise hell. Management Services Company (MSC), Charlottesville's largest rental corporation, got my wrath as did Mrs. Jones of Jones Wrecker. According to MSC, "They are the most professional." Mrs. Jones was quick to point out that they never lose a case in court. God bless America. What Scott does for a living has legal aspects as well -- and a great bearing on student life in Charlottesville and at the University of Virginia. Towing at U.Va. Last year almost 1,200 cars were towed from U.Va. facilities. Students made up over 950 of them; faculty members were only towed 12 times. The most common violations and ensuing tows came as a result of parking in a reserved space or area, with the lot between the Old Dorms and Ruffner and the Student Health lot as the most popular. This year, the total is already up to almost a thousand tows, with over three months to go. The recently- implemented computerized ticketing system is the presumptive reason for more towing, as it indicates which cars have four outstanding tickets and are due to be towed. In July of this past year, the U.Va. Department of Parking and Transportation entered into agreements with several local towing companies interested in a piece of the U.Va. car-pie. According to Acting Director Rebecca Conley, contracts were awarded to the following towing companies: Jones, Charlottesville, Dettor's, Collier's, Shull's, Taylor's, and the Car Store. The agreements between the university and towing vendors are specific in their requirements and provide for surprise compliance checks. In order to be awarded a contract, each of the towing companies must: have proof of adequate insurance and note any existing damage to the automobile prior to towing for documentation release the university from liability from any claim arising out of the execution of this contract agree to accept its assignments as doled out by P&T or by the University Police Department on a rotation schedule meet an assortment of structural requirements and provisions for lighting, fencing, security, signage, lot-size, etc. agree to a strict payment system (towing: 30 dollars, "response fee": 15 dollars, after hours/holiday pickup: 10 dollars) agree to initiate any tow within 20 minutes of being called. If a company fails to meet this provision, it can lose its towing privileges show respect to individuals claiming vehicles under this agreement inspect a claimant's identification to ensure the appropriateness of the release accept cash, check, or major credit card post a copy of the agreement in the place of business These requirements are beneficial to the university as well as the towed public because they establish a standard of service, as remarkable as that may seem for those of us who have encountered towing operators at any point. The "show respect" clause is my favorite, and I dare say, the most frequently violated. Towing on private property There are considerably fewer legal requirements for towing on private property. The Code of Virginia requires that there be signs posted at all entrances to a parking lot that clearly and conspicuously disclose that an illegally parked vehicle will be removed, towed, or immobilized. The state places a 25-dollar ceiling on call-out fees and an 85-dollar limit on initial towing. The state also provides that localities may regulate any towing practices. The City of Charlottesville requires a private property owner to supply a towing company with a request in writing to tow a vehicle from a property, and I have been lead to believe that this can include a contract allowing tow trucks to "cruise" parking lots looking for the offenders. Also, any towing company must report a tow to the appropriate local police agency (in most cases, the Charlottesville PD). My ex-apartmentmate Johnnie encountered another real winner after being wrongfully towed from our complex last year. "Son, you're going to have to sign your name so I can read it," barked Mark from the wrecker service. This was new to Johnnie, as he had never had to print his name on a credit card receipt before. Mark was adamant, Johnnie's signature was just too fancy, and if it wasn't in block letters, his car was a-stayin'! What to do if you've been inappropriately towed If you think that you have been inappropriately towed, advises Judith Herndon at Student Legal Services, there are steps you can take to make your case more sound. For specific questions, call 977-1670 for more information. While their attorneys cannot pursue any legal action against the university (conflict of interest), they do a great job of informing you of your legal options and the general giving of advice. The first step is to contact the towing company or the local police department to confirm that your car has been towed and find out its location. Take a witness with you to claim your car, a photo ID if possible, and either cash, a check, or a major credit card. Gather all the information you can about your particular tow from the person with whom you interact at the towing company. Inform the money-taker that you are paying under protest, and feel free to interrogate him or her on the scene about the particulars of the towing incident. Before you leave the towing lot, inspect your car for damage, and if you observe any, inform the towing company representative, whether or not he or she listens. If there is damage, photograph it. Write the towing company an assertive letter and send a copy to the property owner or management company. Put heat on the towing company and the property management. When and if this gets nowhere, contact an attorney. Student Legal Services is well-versed in this area and would be able to lend assistance for an inexpensive fee, particularly if the service is for the common good. Attorney Judith Herndon at Student Legal Services advises that towing operators must exercise "reasonable, competent" care when a tow is taking place. Experience and testimonials suggest, however, that towing companies don't always meet their requirements to the public and sometimes damage vehicles they tow. The most common damage done to cars takes the form of transmission or exhaust system damage, dings on the body, and broken door locks (from the lawful break-in by tow truck drivers). Tow truck operators, on the other hand, are not held liable for minor damage if they tow in a reasonable and competent manner that meets professional standards. Charlottesville attorney Allison McKeel, who has dealt with towing issues, concurs: "They must exercise a duty of reasonable care." If the reasonable care is not exercised by the towing company, which was apparent in my friend Sarah's case -- her exhaust system was smashed by an unscrupulous towing company -- the towing companies need to be taken to task. "In the courtroom," says Herndon, "there's probably a fifty-fifty chance you'll be successful." Judges have little sympathy for people who were illegally parked in the first place, but if the damage is particularly egregious, your case has a better chance of winning. Judges sometimes reason that by parking on private property, you assume a degree of liability for damage that might occur. As Mrs. Jones at Jones Wrecker says, "We've never lost a case!" Library parking, or lack thereof "Retarded." That's how my roommate Mike McKloskey characterizes U.Va.'s towing and parking policies. He muses, "If you're penalized for doing something wrong, it should at least be done consistently." Mike fell victim to the university's towing and parking black hole when his truck was towed from an unmarked area beside Mem Gym while he was in the library. The entire issue of library parking needs to be addressed. The Central Grounds Parking facility collects fees till at least 1 a.m. nightly. When I suggested the possibility of opening up the parking garage at night and abolishing fee-collection in order to allow more reasonable parking for students visiting the library and other facilities to Acting Director of Parking and Transportation Rebecca Conley, the idea was not warmly received. She pointed out that students who live at Brown College as well as others might take advantage of the free hours in order to escape paying parking fees. It is necessary that P&T take a long look at this reasoning and weigh it against student safety and any negligible benefit they receive by collecting fees at night, long after the bulk of the garage traffic has exited. What is the real harm in allowing students to park in the garage after, say, 10 p.m. for free? I find it hard to believe that P&T collects that much money after 10 p.m. and that there are renegade students in Brown College scheming to circumvent paying for parking. Show me a student who would leave a car in the garage until after 10 p.m. just to avoid paying for the parking, and I'll personally donate the few dollars to parking and transportation. It's deplorable that a university that can raise hundreds of millions of dollars in the matter of a couple years would haggle over four dollars. Sure, the garage cuts its rates after hours, but that's not the point. Student safety should rank far above maintaining parking garage revenues, even if the garage recently won an architectural award. Epilogue I don't know what it is about tow truck operators that make us love them so much. Maybe it's how they threaten and browbeat their customers, or their intimidation and cruising of parking lots. I have found out that their owners and bosses are just as cordial. "I'm just not going to talk to you" were the words of Mrs. Jones. The parking and towing problems at U.Va. are in need of debate among interested parties. I encourage you, if you have ever been party to a parking or towing dispute, to let your landlord and/or Parking and Transportation know about it. The only way change will come is through awareness of the rules and laws and the guts to protest where it is needed. If you see a violation of law or regulations, let the appropriate person know (for U.Va., P&T, and other rules, talk to Student Legal Services). In my day I've won a couple appeals and lost a couple, too, but no change would ever come about if I hadn't tried. The issue of library parking and towing and others I have mentioned all have bearing on the quality of life in Charlottesville. Before I came here, I saw tow trucks as sort of knights in NASCAR-and-chrome armor. Now I, and many others, take a wholly different view as a result of what are, sadly, shared experiences. Have a nice day, Mrs. Jones.

back to Decweb main