Illegal & Predatory Towing

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The attorneys at The Sholl Firm are investigating claims that tow truck companies in Florida are engaging in predatory towing practices and overcharging drivers whose cars they impound.

Tow companies are supposed to impound vehicles that are parked illegally or partially block roadways, sidewalks, or driveways. In many counties, tow companies are required to photograph evidence of your vehicle’s parking violation. In addition, if you are towed from a parking lot, there must be proper signage on the property in every entrance stating that the property is a tow zone affiliated with a certain tow company.

Predatory towing is the practice of unaffiliated private towing companies towing illegally parked cars in private parking lots, in order to extract high towing fees. Towing legally parked cars is another facet of predatory towing.

To find out if you were illegally towed, ask:

• Were there signs at the entrance and exit to the lot displaying the warning, “tow-away zone”?
• Were there signs informing drivers where their towed car was stored and the phone number for the company or signs indicating that unauthorized vehicles will be towed at the owner’s expense?
• Were you towed after properly paying to park in a private lot? (i.e. not informed to display the receipt on your dashboard)?
• Did you contact the police, but the wrecker company had not notified the police about the tow?
• Did you receive a detailed, signed receipt at the time of payment?

In addition, some towing companies are charging improper or excess fees, in violation of state and county laws, before allowing the owner of the vehicle to reclaim it. To find out if you were charged improper or excess fees, ask:

• Were you charged an “after-hours” or “gate” fee even though you retrieved your car within 3 hours?
• Were you charged an “after-hours” or “gate” fee even though you retrieved your vehicle during normal business hours?
• Were you charged for storage fees, but retrieved your vehicle within 24 hours?
• Were you charged for “special equipment” when no special equipment was used?

 Illegally towed vehicles are becoming more and more common throughout the State of Florida. Anyone towing a vehicle in Florida without the consent of the owner must comply with the requirements of Florida Statutes Section 715.07. If you park your car and it is gone when you return to where you originally parked it, contact the local police department or sheriff’s office to report the vehicle as missing. Local law enforcement will be able to tell you whether your vehicle has been towed and, if so, which towing company towed the vehicle and where your vehicle is stored. If you were not parked illegally, and your car was still towed, contact an attorney. There are several things you can do if your car has been illegally towed. Your rights may have been violated.  If you returned to your vehicle and it was in the process of being towed, the tow truck driver must agree to lower the vehicle and charge you only half of the locally-allowable rate. If the tow truck operator does not agree to do this, your vehicle may have been illegally towed.

Also, if your vehicle was damaged in the towing process, you may recover the costs to repair your vehicle. If your vehicle was taken to a storage location too far from the location of the tow, your rights may have been violated.

Our office can help you recover your expenses and put a stop to the towing companies’ outrageous behavior. Often, there are no out-of-pocket costs to you. We represent illegal towing clients throughout the State of Florida.  Be sure to document where and when you parked your vehicle if your car was improperly impounded from a private Florida parking lot or legal parking spot. Hold onto any proof of payment from when you picked up your impounded vehicle if you paid fees you believe were improper