On May 04 My wife was in a fender bender in the City Gainesville, GA.
The police officer ask if she needed a wrecker service and she said yes, (bad mistake) so he called his dispatch and the company on rotation was Hall County wrecker and towing services.
When the tow driver got to our vehicle we ask him what it would cost to tow the vehicle to my home in Auburn, GA, Said he could not tow it there so we asked what it would cost to tow it to my daughters house about 5 miles away, Still would not give us a price, We said do not load the vehicle until we were given a price, He just continued and loaded it and said to come and pay this tow bill and for another $85.00 they would take it anywhere we wanted in Gainesville, We said we did not want it taken to there impound yard but that demand was ignored also.
So now is when the real fun starts.
I go by there yard the next day and given a bill for $290.00, $100.00 towing, $100.00 for site debris clean up (there was no debris cleaned up and I have proof of that) and $75.00 administration fee, So now to pay the first bill and then get the vehicle to the location I wanted it taken to the total towing bill will be $365.00 I asked at the yard why they would not take it to my daughters house to start with and was told that when they do not bring them to there yard they have a hard time collecting there fee, After seeing the towing bill I can understand why they have a hard time collecting there fees.
After some telephones calls and emails I find out that the city police control wrecker services that are on the rotation list. I contact them and they send me a link to the City of Gainesville ordinance for wrecker companies on the rotation list. Below is what it says
There was no debris cleaned and they did not have to locate the owner
City of Gainesville wrecker ordinance
Sec. 10-1-62. Wrecker service fees.
The maximum fees or rates charged by a wrecker service under section 6-1-1 shall be as follows:
(1) Services of light duty wrecker for undamaged vehicle (passenger cars, pickup trucks and vans):
a. Basic tow job inside the city limits... $100.00
b. Additional surcharge for basic tow of motorcycle inside the city limits... 25.00
(2) a. Services of light duty wrecker for damaged vehicles (passenger cars, pickup trucks and vans) where glass, and wreckage debris must be cleaned up or the use of a dolly, winch, dropping of a drive shaft is required... $200.00
b. Additional surcharge for motorcycles... 25.00
c. Wrecker services may levy an administrative fee necessary to identify the owner of a vehicle, when said owner cannot be identified at the time the vehicle is towed... 75.00
(3) Pulling vehicles out of the lake, basic rate... 200.00
Plus diving costs if necessary and any reasonable and necessary cost.
(4) Services of heavy duty wrecker (wrecker for all vehicles other than a passenger car, pickup truck and van):
a. Hourly charge per wrecker including operator... 150.00
b. Any reasonable and necessary cost.
(5) Storage of vehicles:
a. Storage of passenger cars, vans, and pickup trucks, per day:
1. Outside... 15.00
2.inside... 25.00
3. Under cover inside building... 30.00
b. Storage of trucks larger than pickup trucks, per day... 25.00
c. Storage of tractor and trailers, each piece, per day... 30.00
(Code 1958,23-113; Ord. No. 98-07, I, 2-17-98; Ord. No. 69, I, 1-7-03; Ord. No. 15, I, II, 5-20-08)
Now here is the State of Georgia Public Service Commission Towing ordinance.
Now this ordinance is for Non Consensual Towing, So now was mine Consensual. I would think not, they were told not to load the vehicle without giving us a price and taking it to a location we wanted, Was it Non Consensual or was it as I think it is written. The illegal taking of another persons property without that persons freely-given consent which translate into Theft or in this case could be grand theft Auto.
Now the link
http://www.psc. State. Ga.Us/transportation/pdf/Maximum_Rate_Tariff_for_No_Tow. Pdf
Now look at page 3 first paragraph
Page 4 item 40
Page 5 item 100
Page 6 item 120 under notification fees
Now this is set up and approved by the Georgia PSC but if you call them they will tell you they have no control over it and to call the City police where the vehicle was towed from.
Why even write and approve a ordinance if you can not enforce it.??
I elected not to pay there ransom and let it go to the Magistrate court, Boy was that a mistake and a joke.
I knew I was in trouble the minute I mentioned the City of Gainesville wrecker ordinance and the judge said it had no bearing to the case she was hearing, When I mentioned the State of Georgia ordinance got about the same reply. I knew I had lost this case right then.
She just flat refused to look at the video I had that showed the accident site and the point of impact and clearly showed there was no debris to be cleaned up, The wrecker company showed here a picture on a cell phone where the passenger side head light was broken, which is on the opposite side of the impact which I know was not broken when I went to look at the vehicle, Now I just wonder how that light got broken.
Long story short she awarded the wrecker company the full amount including storage so now the bill is over $900.00 Ransom fee.
So from what I see there are ordinances that are suppose to control wrecker services but no one seems to want to enforce them, Not the State, Not the city or the Courts.
Now here is the best part of this whole story and how it stands right now.
I am be threatened by the wrecker company of being charged with
Failing to retrieve an abandoned or derelict vehicle is subject to a misdemeanor charge in the State of Georgia and could be fined up to $500.00.
Now not did I only get took to the cleaners by this wrecker company, The Gainesville city police and the Magistrate court, Now looks like the Sate of Georgia might come after me.
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