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  1. #1

    Default Excessive Tow Fees

    My question involves a traffic citation from the state oRecently I had my car towed from a town house guest parking lot because my visitor pass expired and I did not get to move my car in time.

    The car was towed from Newark to Irvington by a tow truck company contracted by the security company who does security for the town houses.

    I picked up the car within 2 hours of being towed, I was charged $295. The fees listed on the receipt were $125 towing, $75 labor, $50 special equipment, 'adm' $30, storage $15. This needed to be paid in cash only as they don't accept credit cards.

    Now I called this company and asked them how much it would cost to tow my car from newark to irvington as if I was needing a tow, they said the cost is $100.

    According to the laws I have read, the company is not supposed to be charging more then 25% then a normal tow. I referenced this A3812 Predatory Towing Prevention Act (http://www.gsta.org/njtowinglaws.pdf)

    Am I missing something or do I have a valid case to take to small claims court?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Excessive Tow Fees

    b. All fees charged for private property or other non-consensual towing services and
    related storage services shall be reasonable and not excessive. Such fees shall be
    presumptively unreasonable and excessive if they exceed by more than 25 percent, or a
    different percentage established by the director by regulation, the usual and customary
    fee charged by the towing company or storage facility for such services when provided
    with the consent of the owner or operator of the vehicle, or if they exceed by more than
    50 percent, or a different percentage established by the director by regulation, the usual
    and customary fee charged for such nonconsensual towing or related storage service by
    other towing companies or storage facilities operating in the municipality from which the
    vehicle was towed. Notwithstanding the foregoing, such fees may not exceed the
    maximum amounts that may be charged for such services in accordance with any
    applicable schedule of fees by municipal ordinance adopted pursuant to section 1 of
    P.L.1979, c.101 (C.40:48-2.49)


    Seems to me that there's some wiggle room in there.

    Besides, the normal tow is $100, your bill showed $125 for "towing." That's 25% above the normal towing cost. An argument could be made that the rest of the bill wasn't for "towing." And you can argue that the whole bill was for "towing."

    However, it looks like you might be able to get the excess back without filing a lawsuit:

    C.56:13-21 Unlawful practice, violation.
    15. a. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to
    violate any provision of this act.
    b. In addition to any penalties or other remedies provided in P.L.1960, c.39 (C.56:8-1 et
    seq.), the director may order a towing company that has billed a consumer for any
    nonconsensual towing or related storage an amount determined by the director to be
    unreasonable to reimburse the consumer for the excess cost with interest.


    Try filing a complaint with the appropriate authority and see how that goes. Might save you court costs and a day off from work.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Excessive Tow Fees

    The big question seems to be whether the vehicle was parked in such a manner they had to attach a dolly to it, to safely remove it from the space and position it for towing. That would be the $50 and $75 charges. They cannot just be dragging cars out of parking spaces backwards and damaging transmissions.

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