My vehicle was towed less than 1 mile from Exit 110 on I-95 in Ladysmith Virginia by the request of Virgina State Police. This incident occured on 8-11. Elliott's towing is located. 10 mile right off the interstate at exit 110. The following morning I went to claim my vehicle. I could see the vehicle parked in an enclosed gate behind the facility. The clerk working the desk said "can you come back tomorrow-we don't have any paperwork on it". I said, No. I can see the vehicle and I want it removed today. I stated I had AAA, and it should have been towed as a AAA call. They said, "since a DUI was involved AAA will not pay for it, therefore we don't call them in." They made some several attempts to find the paperwork, but said they couldn't find it, and demanded I come back on Monday. On Monday when I went back
On Monday when I went back the co-owner, Mac McManus stated it would cost me $870.00 to remove the vehicle.in SHOCK, I said, "what? That's highway robbery". He said, "get your insurance company to pay for it". I said, "I had liability only on the vehicle and would have to pay the whole expense out of pocket. He said, "what would you give me-just to get you off my lot". I said, "$100.00 would be fair". He said, "I can't do that-I'll be back in a minute". He came back with a total bill of $670.00. This vehicle was only moved 1 mile and stored at their facility less than 36 hours. I paid the bill, and stated I would see him in court. I went to the 1SG in Caroline County and gave him a copy of my complaint as well stating I thought it possible the officers were receiving kickbacks from the company. It seems Elliott's is receiving a majority of the state police requested tows in this area. There are five other towing companies in this area that have been in business for years with reasonable rates. The following day I received a check in the mail for $200.00 from Elliott's with a note, "sorry for the inconvenice of our mistake".
Since the incident, I contacted the BBB, which of course this company is not a member of. The BBB was not able to negotiate any fair resolution and said, "I should take it through the civil litigation process". I also contacted the Attorney General, whom said they couldn't get involved in this type of complaint.
I have tried to settle this in a civil matter in a small claims suit against the company. On first attempt in my civil claim for money, I received a letter from the company's attorney whom stated I have sued the wrong company and therfore would ask the judge to dismiss the suit. He also stated he had advised Elliott's towing to put a stop payment on the check they sent me. Upon investigating I found this company has many different names it goes by. On my 2nd attempt on my civil claim for money I put the defendant's name as it appeared on the invoice and check. The judge stated, "you will need to refile as it looks as though you are sueing an individual vs. The company".
The owner, Mac McManus was present and said, "I want her to get it right and stop harrassing me". I stated, "next time I will obtain a lawyer and sue you for attorney fees as well".
There is a convenience store located directly across from this automobile repair shop and towing company which is located just off I-95. I have encountered many individuals at that store that are continually complaining about this company and its rip-off tactics. Everyone whom seems to breakdown in that area or need automotive repairs has been ripped off by this company. The state police have hidden at night on this road to catch DUI offenders, VSP then in turn request a vehicle tow and Elliott's gets most of these calls. It is not bad enough that they are ripping off passerbys, but now it has come down to some of the local residents being subject to this highway robbery scheme.
Upon doing some investiage work on my own I contacted the Caroline Commissoner of Revenue and found out that up until February this company had been doing business without a business license. The lot that they are using to store these vehicles at is not even classified for this type of business.
Mac McManus is just hoping and wishing that I will quit my pursuit for justice and give up. If we give up, we would be allowing him to continue to rip-off the public so he can collect erroneous charges and astronomical monies for his own financial benefit. There Code of Virginia does have a law 46.2-1233.1 which governs the allowable fees that a towing company can charge for certain vehicles. I told Mr. McManus there are laws against these types of injustice and he stated, "a fredericksburg law". How can a business owner operate a business when he doesn't even know that laws do govern businesses. It seems if the State Police request the tow then this law does not apply. What type of scam is this???
Who is gaining from this type of business practice? Reasonably it looks like the only ones who may possible gain anything from this is the irresponsible company itself.
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