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Butkovitz accuses tow operators of bilking drivers

City Controller Alan Butkovitz yesterday accused private tow-truck operators of bilking Philadelphia motorists and of violating city law by refusing to accept noncash payments for towing charges.

Butkovitz said the violations were blatant and widespread, and a result of lax enforcement by the Department of Licenses and Inspections, which regulates the city's private towing industry.

"It seems like there's open contempt for what the rules are because L&I has left such a gap in enforcement that these companies actually believe that they're making the law," Butkovitz said at a morning news conference.

The controller's report includes photos of signs posted by private towing companies throughout the city warning motorists that a tow will cost them $175 - $25 more than the city-imposed cap of $150. Many of the signs also say the tow operators will accept only cash as payment, violating a city law approved last year that requires towing companies to accept credit and debit cards for payment.

Two towing operators named in the controller's report said Butkovitz's staff had merely snapped photographs of old signs. They said they charged $150 for a tow, not the $175 posted on the signs.

"Those signs were posted years ago. Nobody could produce a receipt showing we've charged them $175. We charge $150," said Mike Williams, owner of Tow Decision and partial owner of three other towing companies in the city.

But Williams said he would "never" accept credit cards, a position that seems to be strongly held among tow-truck operators despite city ordinances.

"We work in cash, and no one in the world can tell me I must take a credit card," said Bill Goodman, manager of A. Bob's Towing, which also was cited in Butkovitz's report.

The law applies only to "nonconsensual" tows, in which tow companies haul away vehicles parked illegally on private property. Credit cards are too risky to accept as payment in those cases, Goodman said, because vehicle owners are prone to disputing credit charges for towing fees.

When told of Goodman's and Williams' positions on credit cards, City Councilman James F. Kenney - who sponsored the bill requiring towing operators to accept credit and debit cards - said the city should "go down and take the stickers off their trucks tonight, because they're in violation."

How best to regulate private towing companies in Philadelphia is a long-standing problem. The job belongs to L&I, which has been hit particularly hard by recent budget cuts.

"Obviously you can lecture the private companies that they should do a better job, but the way we get compliance is by having teeth in the way of government enforcement," Butkovitz said. "L&I supposedly has the teeth, but in practice they don't."

L&I Commissioner Fran Burns did not return a call for comment yesterday. But in a written response to the controller's report, she noted that relatively few customers had complained to the city about private towing operators and contended that the department was improving its ability to track towing violations. She said in the report that the department would crack down on signs saying tows cost $175.

Kenney said he was close to introducing legislation that would give motorists who felt they had been wrongly towed the right to appeal to an administrative board.

If the board were to find against the towing company, the operator would be compelled both to return the towing fee and pay the motorist a fine. The legislation could be introduced as soon as Council's next session, Kenney said.


Contact staff writer Patrick Kerkstra at 215-854-2827 or pkerkstra@phillynews.com.

Comments   
Posted 06:14 AM, 11/11/2009
FJG JR
Alan, what's new? This is an old and repeated job profession, right behind prostitution and fixing tickets. Where have you been putting your head??
Posted 08:28 AM, 11/11/2009
chaseformvp
When you have a commissioner who looks like a 6th grade school girl what do you expect. She just doesnt't have the intestinal fortitude to stand up to these thieves. She could very easily make this a priority but she refuses to.
Posted 10:00 AM, 11/11/2009
chrissmith
Is a lawsuit going to be brought against the tow companies that allow for "cash only"? This is a blatant violation of city ordinance. Is any action going to be taken? Don't forget, we're talking about tow companies that HOLD PEOPLE'S CARS AGAINST THEIR WILL. We must take action here.
Posted 10:09 AM, 11/11/2009
gdw
Who do you complain to? If the controller can photograph 'old' signs, why should anyone have to complain. The city knows that these thieves operate outside of the law. They don't issue receipts most of the time. The put a person in the position of giving them money or not getting their automobile back. The police, L&I, city council, the mayor, knows how these strong arm thugs work. There have been news stories showing how they rip people off. How much more knowledge does government officials need before they deal with a problem that pledges the everyday driver. Try as you might, you or a fmaily member will find yourself face to face with 'cash hounds'. It could be a legal tow or not legal, it doesn't matter. Once they take your car, how do you prove your case. Who do you complain to when it appears that the government is in on the scam?
Posted 01:13 PM, 11/11/2009
DonQ
Someone please explain to me the legality of these people "eforcing" parking priviledges privately and without any of the recourses allowed by law. These tow-truck vigilantes are flaunting the law in more ways that anyone would care to count. Worse yet, they have been doing it for decades with impunity. Cash only? Is anyone paying taxes on this money?
Posted 02:25 PM, 11/11/2009
cecelia
You know everyone blames L&I for everything maybe if they didnt have so many budget cuts they can enforce the law. There is only so much time in a day to do your work. Maybe the mayor and council woman Sanchez should consider the budget cuts affecting the dept rather than threatening to BLOW up the dept.
Posted 03:47 PM, 11/11/2009
DexterMorgan
Don't park on private property.
Posted 06:22 PM, 11/11/2009
feudi
The only reason the tow truck guys take only cash is to get out of paying taxes - pure and simple. They should be forced to accept debit cards and to give out receipts. If Butkowitz was REALLY doing his job, he'd do an audit on their businesses like he did to me. Instead, he goes for the easy headline. This guy's a tool.
Posted 06:38 PM, 11/11/2009
Vasily
I really love how there's no action when these guys actually out and out STEAL cars. Like the time my car was parked in the lot behind my apartment where I had parking privileges. I had out of state plates so the guy assumed that I was parked illegally. They demanded to see the title to the building to prove I was allowed to park there! My landlord couldn't be bothered so I still wound up paying the tow fee plus storage. They're completely out of control.
Posted 06:45 PM, 11/11/2009
chrissmith
DexterMorgan: you're an idiot. How long have you been in Philly? A couple months? You can easily think that you're parking in a good spot and still be towed. This is Philly. Get real man. These tow companies are very, very eager to tow any vehicles they can get. They get paid hundreds of dollars for half an hour of work. Please, next time, don't be stupid.
Posted 07:20 PM, 11/11/2009
jacksplat
Time for some enforcement and change.
Posted 07:20 PM, 11/11/2009
jacksplat
Time for some enforcement and change.
Posted 08:25 PM, 11/11/2009
harmonofmorton
Private Property towing is a service that is contracted by the property owner. The towers are simply providing a service to the property owners. If a company is not following the procdures established by the city then they should lose their towing license. It should be the responsibility of the companies to update their signs. There are professional towers out there who follow the rules and do their jobs.
Posted 08:37 PM, 11/11/2009
geewiz
Just one month ago the controller failed to do a comprehensive audit on the real towing culprits the Philadelphia Parking Authority. Where millions are at stake. Oh but I forgot they are Democrats too. Take a look at who contributes to the controller. Yes it is time for a change in Philadelphia. Get rid of these corrupt politicians and start with the Grandstanding City Council. Vote for anyone but a Democrat.
Posted 08:52 PM, 11/11/2009
Hulk
And this is something new?
15 comments
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