TOWING ZONE SCAM

Well, I have a question about the nation wide Towing Zone Scam, and I could use constructive feedback.

My Air Force son, now being stationed in Portugal, drove my old van (he just transfered title to me) to a farewell dinner with an AF buddy, at Cheddar's Casual Cafe. Cheddars was crowded as usual, and he parked the van behind Cheddars in the old ALLTEL parking lot (Alltel retail closed this operation) where there is a "Towing Zone" sign still standing to guard the lot, and A*****, the local towing service driver lurks in the area waiting for a 'pigeon' to fly into his trap.

As soon as my son and his buddy were inside Cheddars (9:30pm Friday night) Albert called B***** over at NNPD and registers a complaint from the Property Agent at ALLTEL that a tow has been called.

Well, my son calls at 11:30p to tell me the good news after wandering around trying to figure out who stole his locked van. By 2am this morning, We had paid the $120 towing charge for parking in a posted lot of a non operational business behind a busy Newport News Restaurant.

Folks, this is out and out extortion. The NNPD is an unwitting accomplice in this criminal extortion scam.

Had that been me that had my car towed, I would have been stranded in the middle of the night with no way to get to my car and pay the extortion charge. I would have had to pay cab fair, and extra storage charges IF I COULD afford to pay them, or I would loose my transportation. I am on a fixed Soc.Security. This unsolicited 'towing service' activity is criminal in its nature.

Folks, I understand that Towing services are important for the normal flow of business when parked vehicles are interfering with patrons, or are abandoned on private or public property. BUT there is a line between improper use of private or public parking areas, and criminal extortion by towing services. Remember, NO ONE called the towing company, because NO ONE CARED if a Cheddar's patron was using the unused space for an hour or two. NNPD Officer B***** should be trained to verify that an ACTUAL REQUEST was made for a tow, and not just routinely assume that a request was made at 9:30 Friday night.

I am filing a formal complaint with the Department of Transportation, Board of Towing and Recovery Operators. They are trying to crack down and eliminate these PREDATORY practices by individuals in the industry.

I need two items and some information before I send in my complaint, and I would appreciate any useful comments on how to obtain the information I need.

1. I need to know how to get a copy of the NNPD Tow Service log (from B***** and crew) so I can identify some Tow Zone Traps in the area that is frequented by A***** and his friends.
2. I need to get a copy of the Contract for towing between A******'s Company and ALLTEL to see if the unrequested call for towing is in the contract.
3. I need to review Virginia law to see if the TOW TRAPS and unrequested towing services are in any way legal. So far, in my readings, they all state, or assume that an owner or property manager has personally requested the towing service.

I will be making calls this week to the various agencies I can manage to contact, but I could use any insights you are willing to share. I will be posting my progress. It is my hope that my exposure of my experience with this corrupt practice can make police more aware of these 'thefts' when they are occurring around town. Many people are being abused by this practice. If my basic understanding of the situation is correct, my efforts will be instrumental in having A*****'s license revoked, and that of others that show a pattern in the NNPD towing service logs.

I noticed that NN Police does not frequent this LEOAFFAIRS sight. Hopefully if you have an NNPD officer as a friend, you will invite him into the discussion.

Now to a more personal note:

While driving back from picking up the van (north or Ft. Eustis), I made a lane change (well, actually 4 lanes) with out a turn signal (I was trying to direct my son from Warick to Jefferson by way of Denbigh so we could visit the scene of the crime). I know the basics of Newport News roads, but can not see the street names well in the dark until I am very close). Well, one of your finest (the place is crawling with cops at 2am Saturday morning) had the nerve to pull me over because of the faulty lane change (actually, I believe he thought I was drinking). After doing about 10 minutes of some of my finest song and dance routines, he and several visiting officers let me go with a warning. Thank you for doing your job officer, and thank you for realizing that I'm just your average screwed up driver, and not a drinker.

I have found that the best way to tell an average good town from a dirty corrupt town is the way traffic cops treat you. I screw up all the time with (usually) carefully done STUPID driving errors that are technically wrong, but not really dangerous in the situation (2/3 of the traffic on Warick at 2am seems to be cop cars, not civilian cars) As soon as the officer realized I was terminally stupid, and not criminally intoxicated, he released me with a warning. THAT is the kind of cop that makes me feel relatively safe (ie. by that I mean safe from others, I am my own worst enemy, and If I'm going to get screwed, It is usually I that is screwing me), by watching out for my safety and that of others, but not a RULES PRICK with a ticket quota to meet.

Thank you officer for doing your job and protecting me properly. (I did not catch your name tag with all the headlights and BLUE lights in my face)

Well, I was trying out my private **** skills Friday night over at the mall parking lot across from Alltel and, 'Golden boy' Zeb5333 stood in the parking lot from 9p when I arrived 'till 9:36 when the owner drove it away. profoundly disappointed in the events, I got out and interviewed the hostess at Cheddars, and got an ear full of bad information. The manager straightened me out and confirmed that other than the sign in the parking lot and that others are towed, no one knows anything except that the sign has been there a long time. Turns out at my age, trying to be a Stand Up **** kind of guy is not that easy. I was safely home in bed by 10:30 and far removed from the world of crime.

NNPD records department, after a Freedom of information Act request is providing tow log information so I can determine if my quest to spot predatory towing patterns, and report them to BOTRO (Board of Towing & Recovery Operators) is a worthwhile thing to do, or a waste of every ones time.

http://www.worldlingo.com/ma/enwiki/en/Predatory_towing

Predatory towing
Predatory towing is conduct by towing companies whereby they remove vehicles without the consent of the owners and sometimes overcharge them, damage their vehicles and carry out other abusive practices. Not all towing companies engage in these practices but many do. Those that do tend to enter into contracts with lot owners or private property owners to tow away vehicles, lawfully and unlawfully, and keep a portion of the money received (splitting part with the owner of the lot/property).

In the first decade of the 2000s, many States in the United States began to regulate these practices more stringently.

The towing company has little incentive to be reasonable in its practices because they have the vehicle and can keep it it until the owner pays the towing and storage fees. The towing companies retain an attorney to make things difficult for pro se litigants to handle the matter on their own, using technicalities and their knowledge of the legal system to deny justice for the pro se litigants. Frequently the vehicle owner's loss is too small to warrant hiring an attorney of their own..


http://hamptonroads.com/2010/06/towing-scheme
Did he property owner even know his customer's car was towed ? Did he know he was required to make the call when she was towed ? He did not call in the tow.


Virginia, USA
Virginia and its municipalities have enacted protective legislation for motor vehicle owners that could be a model for other states to prevent predatory towing--a great problem in metropolitan cities in the USA. Predatory towing is a system of abusive practices by towing companies that involves unlawfully towing vehicles without the consent of the owner, damaging the vehicles and refusing to pay the owner for their loss, and charging more than the market price for towing. Predatory towing increases insurance costs (damage to vehicles is common), is unfair to vehicle owners in that the companies charge more than the market rate for towing, and vehicles are not released until the fees are paid. Some features of the legislation include the requirement to post warning signs at all entrances, setting maximum fees for towing and storage, and requiring photographs to be taken before towing to show the condition of the vehicle as well as the unlawfulness of the towing.

http://www.namic.org/insbriefs/060522vatowing.pdf

In my son's towing experience, there is no apparent damage to the vehicle, BUT ALBERT required the release for damages statement to be signed before releasing the car. Standing in the dark at 2am, and being told that the signature was because a charge card was used, the fact that it was a damage release was not noticed until the next morning.

The charge payment is now on hold, and a lletter has been sent to the tow company requesting the name of the driver (for a possible small claims court complaint, the name and phone number of the alleged 'Property manager' that requested the tow, and a request for a copy of the tow contract. -

Let's look at the law, and then at a contract.


§ 46.2-1231. Removal of trespassing vehicles by owner or operator of parking lot (Abridged for clairity).
The owner, operator, or lessee of any parking lot, or authorized agent of the person having control of such premises may have any vehicle occupying the lot, without the permission of its owner/operator removed by towing or otherwise to a licensed garage for storage if there are posted at all entrances to the parking lot or area signs clearly and conspicuously disclosing that such vehicle, if parked without permission, will be removed, towed, or immobilized. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1231

The law is a little ambiguous, It is clear that a responsible manager of the parking facility must request a tow if one is necessary, but there is a grey area in the agent clause - can a general contract authorize the tow truck operator as an agent, or does that require a notarized contract ? This will require some research.

Lets look at a contract: I found what I think is a generic Towing Service Contract for private businesses.
http://www.dominiontowing.com/online-forms/service-contract-form.pdf


1).........By signing below both parties acknowledge that they are the authorized agents and agree to all the terms
and conditions stated in the above Towing Service Contract. Contractor signature / Authorized Property Owner/Agent signature

This statement is ambiguous - does this statement make the towing company an 'authorized agent' of the owner as indicated in the law, or is the businessman reading the contract term 'authorized agent' as the agent of the towing service


2)....( ) Property Manager / Authorized Personnel are required to call in vehicles or special situations.

The law states that the property owner must request the service. This decision is not up to the owner to make, the owner or his agent IS RESPONSIBLE for the towing authorization request at all times, This statement puts a false understanding of the law in the businessman's head..


3) Dominion Towing strives to customize services to fit each properties specific needs. Please check all of
the following that apply, if 24 hour service is required for only some items, note them on the "24hr" line.
( ) Patrol Service or ( ) Call in only

Again, Call in is required by the law unless the towing agent is consciously made an agent of the property owner.


4)........Renewal of this contract will be automatic for a period of 1 year unless written notice of cancellation is received within 30 days of said termination date.

What happens if the notice comes outside of the 30 day grace period? What happens when the business changes ownership? - What happens if the authorized property manager moves to other enterprises? What if the business goes out of business, or closes operation. This type of renewal should require an annual renewal of the contract sent to the business, not just a situation where the property owners loose track of the purpose of the towing service. The needed towing services of the Business change, but the forgotten towing contract does not. Who becomes the keeper of the rules?
........ http://www.ripoffreport.com/auto-towing/dominion-towing/dominion-towing-illegal-towing-b3z92.htm

I will be making strong recommendations to BOTRO about contracts if I find enough evidence to file a complaint.
No one really knows the towing rules, and the Predators take advantage of the ignorance of their 'pseudo-legal activities" to their great profit http://www.dominiontowing.com/


Question
Hi Richard,
I live in Northern VA and I had my car recently towed by Dominion Towing (a company used by my HOA). They towed the car b/c the driver "suspected" that the parking pass was fake (which it wasn't), so he towed the vehicle and then broke into it to get the pass out to check it. I should probably mention that this truck driver has had a personal vendetta against me and my family since last summer b/c we prevented him from ILLEGALLY towing another vehicle of ours (which, of course, made him mad). So he has been trying to tow our cars for one reason or another ever since. My question is, can a tow truck driver actually break into the vehicle if there is no mechanical necessity for the break-in? How do you determine whether or not the break-in is necessary? What laws/regulations allow them to enter the vehicle? and finally, is there a way to tow a vehicle with a lifttruck without breaking into it?
Also, after I contacted the company about this tow and asked for the name of the driver, they wouldn't release it to me. I understand where they are coming from, but i still want to know his name to check his criminal background (my HOA is aware of this and they are going to have a meeting about it some time soon). I am afraid that these allegedly "legal" and "necessary" tows will continue and i am tired of not knowing what they can and cannot LEGALLY do. the police is unhelpful b/c it's a private matter and I've had a very difficult time find answers to most of my questions on the Internet. If you could also recommend any source/website that would have information regarding the guidelines/standards tow truck drivers have to follow, i would really appreciate it.
Thank you so much for your help!
Sincerely, Mariya

Answer
Virginia has many laws, and is in the process of changing many of them, dealing with towing from private property...
But generally, it is not an "ethical practice" to enter vehicles. The "bag of diamonds" under the seat always comes up missing.
But from what ever reason you and the tow company, it does sound very fishy to me...
But I would suggest that some form of legal action would be best to take. Either small claims court, or if you can get a lawyer to take the case you might get some more action.

How you answer Mariya about the un-warranted breaking and entering into her car ?
[youtube:2off8aij]http://www.youtube.com/watch?v=5OajgG1wj8o[/youtube:2off8aij]

Betty D.
Newport News Police Department
Records Division Supervisor
9710 Jefferson Avenue
Newport News, VA 23605
6 September 2010

Ref: FOIA Request Towing Log Records 1 Sept 2010

Dear Ms D.

I have requested Newport News Private Property Towing Log Entries for the period 15 August 2010 thru 30 August 2010 (see attached email)

Previously, Sergeant Kow has informed me that your department does not have computerized records of these registered towing service from private property. He has indicated that all records are written and manually filed requiring a physical search by a programmer/analyst at $18.50/hr, and $0.50 per sheet copy process.

I am in receipt of your letter of 3 September 2010 indicating a production charge of $115.48 cents for the copy of 185 towing record sheets requiring 1hr 15min of analysts time to copy all private property tow sheets for the city of Newport News in the 11 day period from 15 August thru 26 August, one day short of the day my car was towed from a private parking lot.

Since your current quote for services does not match my request , and is three times the amount I currently have available for this purchase, I will need to postpone my request until I have done a little more research.

I’ll be back in touch as soon as possible. Thank you for your cooperation in this matter. You are truly ‘Committed to your Community’

Sincerely


Bill Fyler

You might have concluded after reading my reply above that things were not going as smoothly as I had originally envisioned. Lets see how we got to this point.




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[quote="Fyler ":1ljalxk3]
To: Thurston, Lewis B.
Sent: Sun Aug 29 16:59:53 2010
Subject: Freedom of Information Act - TOWING SERVICE LOGS

Dear Sirs.
My van was towed 9:30 pm Friday Night from the parking lot of the Alltel office behind Cheddar's Casual Cafe on Jefferson Ave. The parking error was discovered around 11 pm, and was resolved with a $120 towing charge by 2:30am Saturday Morning
The receipt for service indicates that the tow was requested by the Property Manager of Alltel, and was logged by Brenda 2136.
Alltel company merged two years ago, and the office from which my van was towed was closed (probably more than a year ago, but my research on that issue is not yet complete).
State Statute requires that a request be made from an owner or agent if towing services are to be rendered. NO SUCH REQUEST was made. The tow truck operator made a false statement to Brenda when he called in the un-requested tow
The Board of Towing and Recovery Operators of the DMV is attempting to shut down predatory Towing companies. It is my intent to make a complaint to the Board and give them the information necessary to revoke the license of the company that is clearly displaying predatory business practices
I am requesting a copy of the NNPD Tow Log for all towing in 2010. It is my hope that the log is sufficient for me to determine the frequency of these unlawful thefts of vehicles, and subsequent extortion for their return. I will be recommending prosecution of these companies if other patterns of abuse are detected in my review of the log.
If you are interested, I will give you a copy of my results showing hot spots, and predator companies so the patrol officers and call operators will be more informed when these activities are taking place.

Please tell me how I can obtain a copy of these records. An electronic copy (by e-mail) would be preferred, and could be more easily analyzed by electronic sorts and searches. Without transcription from paper or other media.

Thank you for your fine work,
Bill Fyler, PE(ret)
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To: "'Fyler, Bill'" , "Nowak, Frank S."
Cc: "Eley, Harold O." , "Bradley, Stuart B."
Date: Sun, 29 Aug 2010 18:53:20 -0400
Subject: Re: Freedom of Information Act - TOWING SERVICE LOGS


Mr. Fyler,

I am forwarding your request to the supervisor of our Records Division as that office handles these types of requests.


Lou Thurston
Public Information Officer
Newport News Police Department

Sent from my Blackberry
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From: Fyler, Bill
To: Thurston, Lewis B
Date: Mon, 30 Aug 2010 01:23:01 -0400

Subject: Re: Freedom of Information Act - TOWING SERVICE LOGS

Thank you for your unexpectedly prompt reply, and for your action on my request.
Bill
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To: "'Fyler, Bill'"
Date: Tue, 31 Aug 2010 12:41:12 -0400
Subject: FOIA request for Tow logs

Mr. Fyler,

I have several questions regarding this request – so I can see if the documentation we have is what you are looking for. Please call at one of the telephone numbers listed below. Thank you

Frank S. Nowak
Sergeant / Records Division
Newport News Police Department
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The initial contact phase is over, The Ball was thrown to the Ministry of Deception who alerted the Chains of Command that there was a threat in play. Every one is calm, they have seen this type of action before.

The Front man takes the ball, and begins the Blocking Process, He does not feel he needs any assistance at this point in the game.

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To: "Nowak, Frank S."
Date: Tue, 31 Aug 2010 20:35:27 -0400
Subject: Request for Towing Service Log

Sergeant Nowak,

I assume you received my e-mail from Sunday night from Mr. Thurston.
I am in the process of filing a complaint to the Board of Towing and Recovery Operators
I have a copy of the Virginia Statutes governing Towing, an a (generic) towing service contract from Dominion Towing (off the internet)

http://www.dominiontowing.com/online-forms/service-contract-form.pdf <-contract

Virginia Statute 46.2-1231. Removal, of trespassing vehicles by owner of parking lot; charges. (abridged for clairity) The owner, operator, or lessee of any parking lot, may have any vehicle occupying the lot, area, space, or building without the permission of its owner, operator, removed by towing or otherwise to a licensed garage for storage until called for by the owner or his agent if there are posted at all entrances to the parking lot or area signs clearly and conspicuously disclosing that such vehicle, if parked without permission, will be removed, towed, or immobilized. (the loophole is the transfer of authority from the property owner to the tow operator when granting permission for parking through an ambigiously written contract)
I find the statutes very vague, as is the box checking and wording of the Dominion contract. This contract is borderline legal in it's predatory interpellation, and I want to expose the loopholes to the BOTRO from the point of view of a predatory towing service operator so the loopholes in the law is very obvious to even an honest person. The towing record is just one line of attack to expose the problems.
The basic contract can easly be read to allow the Tow Service Operator 24/7 authority to decide (at $120/decision) if the vehicle is parked without permission, even though the Property Owner my be very willing to grant permission, if in fact the property owner was aware that a vehicle was parked on the property and not interfering with their business. It is my belief that these generic contracts are entered into without the property owner understanding that the contract becomes a 'CASH COW' for predatory towing operators. Hundreds of cars could be towed outside of business hours, and the Property Manager would not be aware of , or aproving of the unrequested service.

I am looking for 4 primary items
1) Who requested the towing service
2) Location of pick up and/or company name
3) Who towed the vehicle, person and/or towing company
4) Time of towing service requested.

From this information I will be able to determine patterns of operation which appear to be predatory, either because the business is out of business as in the case of Alltel, or because operations appear to be without a business purpose. It is my intent to survey one or two 'unusual' patterns to determine the satisfaction of the property manager with the towing services being rendered, thus determining if the services were rendered with the knowledge and expectations of the property owner. These findings will be reported to the BOTRO with my thoughts on the subject.
I will provide your department with a copy of my BOTRO complaint if you would like one.
If other data is available, I may ignore it, or look to see if it fits in any suspect pattern of occurrence.
I received your e-mail after five PM, and I do not have an active cell phone at the moment so it is difficult to call you 'on the fly'. You did not include the hours in which you receive calls

I hope this answers your question, and will not be inconvenient to supply. I will try and contact you sometime Wednesday.

Bill Fyler

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So, the Forward Block has a clear view of the field, and needs to formulate a plan to stop the attacking investigation. I’ve honestly laid out the game plan, was this the wrong thing to do? Has the Home team received too much information ?[/quote:1ljalxk3]

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Communicating with Police is an art form - Part 2 Old Fashion Skirmish
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The obstacles are being positioned to prevent any long runs. The dreaded steep climb of the Financial Costs associated with the backward ways of the modern under funded police department

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To: 'Fyler, Bill'
Date: Wed, 1 Sep 2010 09:36:57 -0400
Subject: RE: Request for Towing Service Log
References: <20100831.173607.22947.258609@mailpop04.vgs.untd.co m>

Mr. Fyler

Just for clarity the Police department maintains records for three different types of tows. Tows from private property , Repossessions and tows requested by law enforcement. Please advise which type you are requesting for the period of January 1st 2010 ~ today’s date. Please keep in mind that in accordance with Virginia Freedom of Information Act, Section 2.2-3704. (F). A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying or searching for the requested records. Therefore, your request for the above–mentioned records can be provided to you at a cost based on the following rates.
Production Charges & Cost
1. Copying fee $00.50 / sheet
2. Programmer / Analyst Salary $18.35 / hour

Please advise so we may start processing your request. In your original request you asked to receive these records electronically for sorting purposes. These records are not maintained using an electronic media therefore you would not be able to sort the records . These records are paper medium.

Frank S. Nowak
Sergeant / Records Division
Newport News Police Department
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Let’s play the forward Blocker’s game for the moment, and see how it plays in the field.

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To: "Nowak, Frank S."
Date: Wed, 1 Sep 2010 12:47:57 -0400
Subject: Re: Request for Towing Service Log

Sergeant Nowak,

Thank you for your response.
I am on a limited social security income, and I can not afford to get a year of hand selected tow charges. I had hoped your department was more computerized.
You have informed me via cell phone that there are more than 100 tows per month, and I would assume that 50% of those calls are Private Property Tows, the kind in which I am interested in investigating.
I am requesting the following:
Private Property Tows from 15 August 2010 thru 30 August 2010
DO NOT INCLUDE APARTMENT COMPLEX forced towing
DO NOT INCLUDE VEHICLE OWNER requested towing
I would estimate the charge on this information to be
$18.50 clerk fee for 1 hour
$10.00 copy charge for each incident, aprox. 20 sheets
Aproximate total charge $30.00.
I would like to order $30 of the specified Private Property (not apartment complex) Towing Reports. This should cover a minimum of approximately two weeks of calls, and possibly more if the money goes farther.

Bill Fyler
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The Forward Blockers moves are becoming a pattern.

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To: 'Fyler, Bill'
Date: Thu, 2 Sep 2010 09:55:23 -0400
Subject: RE: Request for Towing Service Log
References: <20100901.094846.989.336167@mailpop09.vgs.untd.com>

Mr. Fyler,

I most clarify the following. The approximation of 100 tow was for private property tow only . Please keep in mind there may be more then 100. Furthermore, private property tow includes all private properties. If you what us to not include apartment complexes this will increase the amount of research time to complete your request.

Frank S. Nowak
Sergeant / Records Division
Newport News Police Department

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It is time to switch up the play of docile acceptance to a straight forward confrontation, Lets ‘Grab the Ball and Charge’ watching the effect for results.

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To: "Nowak, Frank S."
Date: Thu, 2 Sep 2010 15:29:57 -0400
Subject: Re: Request for Towing Service Log

Sergeant Nowak,

I am not trying to cause trouble for any one. I am interested in having a reasonable view of the towing activities in the Newport News area. I believe that certain companies may be taking advantage of innocent, or relatively innocent behavior of Newport Citizens.
I can spend $30, maybe $40 dollars of my income on obtaining this information. I need about two weeks of activity to see a pattern. I would be happy to come and pull the records myself, and pay your copy charge. I am retired and I have the time.
I wrote to the complaint department of the BOTRO and requested a definition of what they considered 'Predatory towing'. So far, they have not answered the question, they only challenged me to explain if my son could read English. They had no concern for the actual existence of a valid contract, or if any one now cared if parking occurred on the property.
What I am politely trying to say is, IT APPEARS that no one is interested in my complaint, and they will put what ever obstacles are in the way to impede or prevent my complaint from being filed. It appears that everyone I have contacted in this matter displays a vested interest in my going away and leaving them to their business.
My name is all over LEOAFFAIRS police website. Primarily in the Riviera Beach section of Florida. I protested unjust payment of rent to a landlord, He posted a rent demand notice on my door, but did not go to court for the legal eviction. The police there broke through my locked door and arrested me for trespass, and battery on a cop, and taping their conversation during the arrest. All these charges were false charges, and the Asst Chief of Police that headed the raid knew it. When I sent my evidence of the police forcible felony to the State Attorney(prosecutors office) they falsified some paperwork on the charges, and did a nolle pross with probable cause. In my civil court case, the judge would not hear my case against the land lord because recent case law in Florida says that once the State Attorney and the police have investigated a situation and decided who was guilty, there can be no court review of the criminal event.
FLORIDA is a police state, anything the police do legal, or illegal is covered up by the State Attorney's office, and blocked from review by order of the appellate courts. I have the FBI and the Justice Department working on these matters, and if you notice the date of the FBI RAID on the Rivera Beach Police Department, it is about 10 days after my paperwork was sent to them proving the prior state attorney did a cover up (obstruction of justice, and official misconduct).
I am tired of fighting police, and corrupt agencies. I am not going to continue to fight you for information that should be ready available, and freely given. I am not going to fight the BOTRO complaint's department people for what constitutes an unlawful operator. I am going to write some complaints, and then I am going to drop the subject. I have spent 7 years fighting for truth and justice in Florida, and that is enough for me. If you are happy to allow corrupt practices by your buddies in the towing industry, that is entirely your affair.
I need a contract price on the two weeks of information that I requested. If you are not willing to give me a reasonable price, and hold to it, my attempt to use the FIOA act in this case will have proved useless. I will make complaints to the appropriate offices accordingly. THEN I will walk away, knowing I have done my part to serve God and my fellow citizens in standing up for their rights, and my son's rights.

Bill Fyler
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the Forward block moves to place a strangle hold on the Investigation, but how to do that? Let’s try Financial Intimidation First.

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To: 'Fyler, Bill'
Date: Fri, 3 Sep 2010 07:32:02 -0400
Subject: RE: Request for Towing Service Log
References: <20100902.123056.1097.334718@mailpop06.vgs.untd.com>

Mr. Fyler

The research you requested has been completed please provide a mailing address so
I may send you a letter regarding the cost and the procedures for you to receive your records.

Frank S. Nowak
Sergeant / Records Division
Newport News Police Department
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To: "Nowak, Frank S."
Date: Fri, 3 Sep 2010 08:25:04 -0400
Subject: Re: Request for Towing Service Log

Sergeant Nowak,

Thank you for your prompt response. I am sorry I got angry with the delay and evasion I feel I am experiencing in this matter. As I indicated in my last e-mail to you, I have had more than my share of unfortunate experiences with police in other states. Unfortunately, after a while, it becomes difficult to distinguish thorough police work from what I have experienced in the past.
Towing Services are a vital profession in our society of cars. Without these services our roads would be littered with rusting eyesores, and the flow of business would be impaired by improper parking. Most towing operators are responsible in their profession, but there is an abundance of operators competing in the market for towing services, and unfortunately some use illegal tactics to stay in business, or unjustly prey the public.
I hope that I can present an honest factual argument to the DMV.BOTRO and allow them to resolve my complaint concerns in a fair and just for all concerned.

Sincerely
Bill Fyler
P. O. Box 6xxxx
Hampton, Va 2xxxx
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The BLOCK is complete, will it hold. You have a $115.48 sent bill on your account Mr. Fyler, Yes, this is 4 times your price range, and yes it is NOT THE FULL 15 days you requested, but you can discover that later.

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NEWPORT NEWS POLICE DEPARTMENT
An Internationally accredited Agency
James D. Fox, Chef of Police

September 3, 2010

William Fyler
Post Office Box 6xxxx
Hampton, VA, 23665

Reference: FOIA request - September 1, 2010

Dear Mr. Fyler:

This is in response to yout Freedom of Information Act request, received in this office on September 1, 2010 which you request a copies of all Private Property Tow Sheets for the City of Newport News from August 15, 2010 thru August 26, 2010.

Please note in accordance with Virginia Freedom of Information Act, Section 2.2-3704-(F) a public body may make reasonable charges not to exceed its actual cost incurred n accessing, duplicating, supplying or searching for the records; therefore, the records you requested can be provided to yo at a cost as allowed as per the Code of Virginia. Acceptable methods of payment are cash (exact change is always appreciated) or checks which need to be made payable to the city of Newport News.

………………………………Production Charges
1. Copying fee / $00.50 / sheet ---------------------------$ 92.50 (185 sheets)
2. Programmer Analyst Salary $18.35/hour-------------$ 22.98(1 ¼ hour)
………………………………...................................... Total cost $ 115.48

These documents will be retained at Police Headquarters (9710 Jefferson Avenue) for your personal pickup Monday thru Friday, 8am-8pm.
Please allow this correspondence as our formal response to your Freedom of Information request

Sincerely,
Betty D
Newport News Police Deparment
Records Division Supervisor, Watch-III

COMMITTED TO OUR COMMUNITY
9710 8 Newport News VA 23605-1550 * http://www.nngov.com
================================================== ====
A surprise revelation ! There are 5 class "A" towing services in town towing over 500 cars a month. That's a lot of activity when you are ONLY talking about non-consensual Private Towing. So in addition to repositions which is probably small, and Police ordered tows which is not great, you have 5 companies supplementing their income with 15 random, unrequested towing incidents each day. How much of that is really legal or illegal theft ?
================================================== ====


To: "Nowak, Frank S."
Date: Mon, 6 Sep 2010 20:05:52 -0400
Subject: Re: Request for Towing Service Log

Sergeant Kowak,
I have just received your product cost letter Your research (185 tows in 11 days) indicates there are over 500 private towing events for the month of August. That is a VERY BUSY industry. With your population of 190.000 residents, or about 60,000 cars, you are towing almost 1% of the cars in your towns vehicles EVERY MONTH. Your Towing Industry must see a lot of tourist trade. Does that rate of towing seem about right to you? At $120/tow, that is $60,000/mth or $720,000/yr in towing charges, which is all non-consecentual towing. Do the other two categories of towing see this much activity? [/quote:38gd2gog]
================================================== ====

================================================== ====
Communicating with Police is an art form - Part 3 Clash in the Modern Age. -
================================================== ====

Dear NNPD, your Blocking tactic is flawed and unacceptable, but we need a little more information before continuing.

================================================== ====


Betty D
Newport News Police Department
Records Division Supervisor
9710 Jefferson Avenue
Newport News, VA 23605
6 September 2010

Ref: FOIA Request Towing Log Records 1 Sept 2010

Dear Ms Damico

I have requested Newport News Private Property Towing Log Entries for the period 15 August 2010 thru 30 August 2010 (see attached email)

Previously, Sergeant Kowak has informed me that your department does not have computerized records of these registered towing service from private property. He has indicated that all records are written and manually filed requiring a physical search by a programmer/analyst at $18.50/hr, and $0.50 per sheet copy process.

I am in receipt of your letter of 3 September 2010 indicating a production charge of $115.48 cents for the copy of 185 towing record sheets requiring 1 hr 15 minutes to extract and copy all private property tow sheets for the city of Newport News in the 11 day period from 15 August thru 26 August, one day short of the day my car was towed from a private parking lot.

Since your current quote for services does not match my request , and is three times the amount I currently have available for this purchase, I will need to postpone my request until I have done a little more research.

I’ll be back in touch as soon as possible. Thank you for your cooperation in this matter. You are truly ‘Committed to your Community’

Sincerely

Bill Fyler
================================================== ====
A quick follow up call to Betty’s 0ffice reveals the records are all computerized, but the Department can’t sell electrons, they have to make their money off the over priced paper and ink.

It appears that Sergeant's earlier assertions that these records were not computerized was not qute correct. today's poor under funded (Internationally Accredited Agency) police department is automated.

So it’s time to check the sources with the internet. And what do we find when we look up the Virginia Freedom of Information Act ? http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3704

================================================== ====


To: "Nowak, Frank S."
Cc: "Eley, Harold O." , "Bradley, Stuart B." Thurston, Lewis B
Date: Tue, 7 Sep 2010 07:04:54 -0400
Subject: Freedom of Information Act , Section 2.2-3704.(G)

Sergeant Kowak,
Your copy of the Virginia FOIA laws are antiquated, please note the current law

Chapter 37 - Virginia Freedom of Information Act, Section 2.2-3704.(G)
G. Public records maintained by a public body in an electronic data processing system, computer database, or any other structured collection of data shall be made available to a requester at a reasonable cost, not to exceed the actual cost in accordance with subsection F.When electronic or other databases are combined or contain exempt and nonexempt records, the public body may provide access to the exempt records if not otherwise prohibited by law, but shall provide access to the nonexempt records as provided by this chapter.
Public bodies shall produce nonexempt records maintained in an electronic database in any tangible medium identified by the requester, including, where the public body has the capability, the option of posting the records on a website or delivering the records through an electronic mail address provided by the requester, if that medium is used by the public body in the regular course of business. No public body shall be required to produce records from an electronic database in a format not regularly used by the public body. However, the public body shall make reasonable efforts to provide records in any format under such terms and conditions as agreed between the requester and public body, including the payment of reasonable costs. The excision of exempt fields of information from a database or the conversion of data from one available format to another shall not be deemed the creation, preparation or compilation of a new public record.

I wrote 9/2/10:
"I am tired of fighting police, and corrupt agencies. I am not going to continue to fight you for information that should be ready available, and freely given. I am not going to fight the BOTRO complaint's department people for what constitutes an unlawful operator. I am going to write some complaints, and then I am going to drop the subject. I have spent 7 years fighting for truth and justice in Florida, and that is enough for me. If you are happy to allow corrupt practices by your buddies in the towing industry, that is entirely your affair.

I need a contract price on the two weeks of information that I requested. If you are not willing to give me a reasonable price, and hold to it, my attempt to use the FIOA act in this case will have proved useless. I will make complaints to the appropriate offices accordingly. THEN I will walk away, knowing I have done my part to serve God and my fellow citizens in standing up for their rights, and my son's rights."

I originally requested that you e-mail me an electronic copy of the Private Property Tow logs for all months of the year 2010. I have not requested any actual copies of anything to exceed $30. Any actions you took in printing any materials were done with out my specific request and knowledge.
Since your Private Property Tow logs are not exempt, and are contained in electronic computer format, I am again requesting that you provide a copy of these records to me either in an e-mail, or as a down load onto a thumb drive I will provide your analyst.
I am requesting the Newport News Private Property Towing records for the Period January 1, 2010 thru September 5, 2010. I will need these reords in electronic form, and would prefer an e-mail copy, or a download of the records onto a 2 meg UBS Thumbdrive. Please Quote me a reasonable price for this service per section 2.2-3704.(F) of the Virginia Freedom of Information Act.
If this request is beyond your ability, please be specific in the nature of your problems, and I will seek counsel accordingly.
Bill Fyler
Chapter 37 - Virginia Freedom of Information Act Section 2.2-3704.(F)
F. A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. The public body may also make a reasonable charge for the cost incurred in supplying records produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records, except that the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body, for such maps or portions thereof, which encompass a contiguous area greater than 50 acres. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen.

================================================== ====

The team is now hudling, they haven’t seen this maneuver before, and the recognize the attack is more pointed than they initially realized. Who ever reads the actual laws that Authorities quote so incorrectly?

WHAT can be done to block this FOIA play

1). Play dumb, and ignore further requests on one pretense or another.
2). Have a catastrophic computer failure and' loose the records'.
2), Provide incomplete or inaccessible information
3). Find a way to Lawyer Up, and Intimidate thru legal means.
4). Intimidation through police force and threats - 'Don't drive in our town, or face the harassment.
5). Other creatve Blocking to be revealed soon - stay tuned.

Communicating with Police is an art form - Part 3 Clash in the Modern Age. - will continue after an update on the BOTRO situation

Virginia Board of Towing and Recovery Operators (BTRO)
================================================== ==========
Where does BTRO stand in it’s newly created duties? Some brief surfing indicates the board is only about two years old, and it was WAY behind in it’s licensing of Towing Operators, I took more than 18 months, and there were calls from legislators to shut it down - before it ever got going. You can assume they are pretty frazzled there, and not entirely sure of what their duties are going to eventually be.

They are a delicate balancing act between the needs and complaints - both justified, and unjustified griping (if there is any of this) from the consuming public they were legislated to protect, and the Towing Operators, a good bunch of guys for the most part, with some really bad apples spoiling the game for everyone.

Grudge takes a fairly hard line that the operators are doing their dirty but lawful job until there is actual proof otherwise. She could tone her act down and give suggestions of what documentation is needed to support specific complaints, but she does not. She seems to be obsessed with the low literacy rate of the nation.
================================================== ==========


To: "BTRO"
Date: Wed, 1 Sep 2010 18:08:47 -0400
Subject: Request for information Predatory Towing

Dear Sirs,
I am trying to investigate a towing situation which I would consider predatory in nature.
My intent is to file a complaint, but things are getting real hazy in the world of Towing Service Operators.

Before I invest more time and funds, I would like your definition and assessment of the matter.
What do you consider Predatory Towing?

A quick Scenario.
Alltel-Retail is a small 10 car parking spot behind a very popular restaurant.
Alltel merged several years ago and closed this retail outlet.
The property is currently owned by Wireless Properties. No towing is done by personal request, all ‘property manager requests’ are by an old contract.

The Towing Zone sign is light blue, and not well visible at night. No hours or charges listed

On Friday Nights, Tows are made ( I am getting a police Tow Log for 2 week, for Newport News - $30)

TO ME, this is predatory towing - IF the Property Manager has NO current BUSINESS INTEREST in the parking, it seems to me there should be a barrier to prevent Restaurant patrons from parking there. Instead, the towing company with the old contract stations a truck near by and tows any cars that park in the spot. Total pick up and round trip is about 30 minutes. $120 plus spoiled evening

I strongly suspect that no one except the Towing Company and the individuals towed have any knowledge or interest in the parking of cars on the property. I am trying to get reports of the total activity, the contract, and situational understanding Wireless properties.

Again, I would like to know your working definition of Predatory Towing to determine if I should continue in investigating my complaint.

My Air Force son was towed last Friday night. He was leaving for an assignment, and went to a farewell dinner with a friend. Cheddars Casual Café parking lot was full, and cars were lining the streets.

Bill Fyler
(757) 555-5555

================================



To: “Fyler, Bill“
Date: Thu, 2 Sep 2010 08:31:48 -0400
Subject: RE: Request for information Predatory Towing
References: <20100901.150948.1097.332644@mailpop06.vgs.untd.com>

Thank you for your email. Your son is welcome to file a complaint.
Several questions come to mind as follows:

1. Did you son have permission from the private property owner to park in their lot?
2. What language is on the sign referenced in your email?

Barbara A. Drudge, Compliance Officer
Board of Towing and Recovery Operators
c/o Department of Motor Vehicles

==================================



To: "BTRO"
Date: Thu, 2 Sep 2010 09:19:18 -0400
Subject: Re: Request for information Predatory Towing
Thank you for your response.
My question to you was
What do you consider Predatory Towing?
My cometary was a situation I am trying to evaluate to see if I should pursue my complaint further.

In answer to your questions,

1) No, he saw a parking space after much searching that did not interfere with any business needs of the company that was out of business. The actual towing sign is light blue and does not reflect. It is very hard to read, and very easy to ignore as unimportant in the dark.

2) English

Forgive me, but the nature of and answers of your questions appear to be pretty obvious. I'm not sure why you asked them.
On the internet, there is a posting that indicates you are trying to eliminate predatory towing. What is predatory towing? I go by the rule I learned as a kid, 'Do unto others as you would have them do unto you'. From my point of view, I do not see where harm was done by my son to a 'good neighbor' business property, and I do not see where any one but the Tow Truck driver with the vision of $100 bill was making decisions in this matter. Is the Towing Company required to have an actual contract from the current Property owner, or is a contract 10 or 15 years old from the local Alltel company good enough since the old faded blue sign (lighter than your font color) is still in place? It is not clear to me WHO contracted for the towing, or WHO was responsible to request the towing service. The receipt indicates that the 'PROPERTY MANAGER' requested it, but WHO is the property manager that requested it, and is the request still valid after a change in business needs and occupancy, or is the old contract totally forgotten as important when the business closed and only the tow truck operator is interested in enforcing it?
Several questions come to mind as follows:

1) Was the Light blue sign 'clearly and conspicuously' giving the required notification at 9:30pm
2) Was a valid contract for towing in place, or is the sign residual from a closed prior business.
3) Who is ultimately responsible for the decisions of the towing company actions.
4) I am the owner of the vehicle towed, am I also welcome to file a complaint?

I hope this answers your questions, and I am looking forward to your definition of predatory towing.
Bill Fyler

=================================



To: “Fyler, Bill“
Date: Thu, 2 Sep 2010 10:21:05 -0400
Subject: RE: Request for information Predatory Towing
References: <20100902.062016.5900.692912@mailpop02.vgs.untd.com>

Thank you for your response.
What was written on the sign, verbatim, that you are referring to?

There is nothing under the Board of Towing and Recovery Operators that addresses the term you are using, predatory towing. The questions that I have asked of you are questions that in the ordinary course of business we would ask if we were processing a complaint. Additionally, based upon information provided in your email, the property manager of the private property owner requested that the vehicle be towed, so you may want to contact the private property owner since they were one’s that directed that the vehicle be removed from their property.

Thank you.

Barbara A. Drudge, Compliance Officer
Board of Towing and Recovery Operators
c/o Department of Motor Vehicles

===========================

In reviewing this last comment, Grudge makes a pretty direct, albeit subtle indication that the validity of the Private Property Owner should be examined. Without quoting the law, she seems to be telling me to pursue this path.

I think I missed this because I was engaged with the NNPD refusal to produce documentation in a reasonable manner..


================================================== ===


To: "BTRO"
Date: Fri, 3 Sep 2010 07:18:06 -0400
Subject: Re: Request for information Predatory Towing

Ms. Drudge,
Thank you for your prompt responses concerning my dilemma. The term 'Predatory Towing' is from reading insurance reports on unscrupulous towing practices around the country, and I thought you might use the term in your office.

It is clear that my problems are related to my not understanding the nature of a 'request for towing by the property manager'.

Please note that I did not indicate the property owner, or his property manager made a request that my vehicle be towed, what I wrote was the receipt from the tow truck operator indicated (or alleged) that 'Property Manager' requested the towing service. I am in the process of trying to understand exactly what the Tow Truck operator meant by the entry on his tow ticket [requested by: Property Manager]

Please clarify my understanding of the legal process required of the 'Property Manager' when requesting towing service.

Is the property manager required to convey his request for towing service from his property each time he finds an offending vehicle, or group of vehicles on his property ? Must he personally be aware that offending vehicles are on his property in order to make a request?

Is it acceptable for the tow truck operator to act in the name of the 'Property Manager' without notifying the property manager of the service rendered?

I will be contacting the private property owner/manager, but I will need an understanding of his required involvement in requests resulting in a non-consensual towing service.
Please outline the legal processes required of the 'Property Manager' when requesting towing service

Bill Fyler

================================================== ====

The night I reviewed the ‘scene of the crime’, the Towing Zone sign was a misty light blue, and not very clear. However, when I checked the sign when I was doing my Private **** routine, the Sign looked reasonably visible from across the road.

I must secretly conclude that my son was a bit of an idiot to park there, but I think the reasoning was that the business was not functioning, and there would be no harm done (which actually I think is reasonable- it’s a rare businessman that has a disposition hateful enough to enforce towing when he is ‘out of business’.).

=============================



To: "Fyler,Bill”
Date: Fri, 3 Sep 2010 08:20:02 -0400
Subject: RE: Request for information Predatory Towing
References: <20100903.041855.22947.264064@mailpop04.vgs.untd.co m>

Thank you for your email.

Unfortunately, you are asking that we provide legal advice, and under State law, we are not authorized to do so. Additionally, the Board of Towing and Recovery does not provide oversight of private property owners.

I had previously asked if you could provide me the information contained on the sign referenced in your emails so that I could further assist you, however, since this has not been supplied, I would encourage you to file a complaint with the Board since we do not have enough information to respond to your requests.

Barbara A. Drudge, Compliance Officer
Board of Towing and Recovery Operators
c/o Department of Motor Vehicles
===============================

I was originally offended by this ‘Lawyering Up’ attitude, but I think I was overacting from other stresses. If I get up my courage, I’ll venture over to the Alltel Parking lot and review the sign. Grudge just might give me some useful insight from the actual verbiage, and then again, maybe my original contempt of her ‘anti-consumer’ attitude was correct. The jury is out on that one right now..

==============================


To: "BTRO"
Date: Fri, 3 Sep 2010 11:42:45 -0400
Subject: Re: Request for information Predatory Towing

Ms. Drudge,
The 'tow zone' signage is clear to read in the day time(up close) and much less obvious at night. It is a legal matter to decide if the sign is 'clear and conspicuous' at 9:30 pm, and is not pertinent to my inquire to your office.
The requirements of the 'request by Property Manager' is also a matter of law as you point out, predicated on the existence of a valid, legal, enforceable contract properly applied in this matter..

You have made it clear that your advice is severely limited, both by law, and by lack of well documentable complaints in your almost 2 years of legislated duties. Your questions to me, of an obvious superficial nature, validly assume that the Tow Truck operators are honorable men, and are not filing false reports to the police. I would however suggest that you review why your office was created, and its mission

Mission
The mission of the Board of Towing and Recovery Operators is to protect the public by setting standards of qualifications, training, and experience for those who seek to represent themselves to the public as towing and recovery professionals and promoting high standards of professional performance for those engaged in the practice of towing and recovery.

I will reference WESTLAW at the library to establish 'case law' (if any) in these matters.
I will contact the local property manager for his input.
I have requested a copy of the 'contract' from the towing company along with the property managers name.
I am acquiring Tow records from the local police Department under the FIOA laws.

I will present you with as valid and documented complaint as I can manage.
I will send copies to the legislators that enacted your department along with all associated correspondence
I will send copies to the Governors office along with all associated correspondence
I want to thank you for the fine responsible job you are doing for the citizens of Virginia.

Bill Fyler
================================================== =======

I may have been a little too heated here. I was under a lot of deadline pressure with all the loose ends I had to clean up resulting from my sons move to the Azores, and the attitude of the NNPD was not helping at all.

Actually, I think Grudge would like to see a well documented complaint for a change, instead of just griping from the gallery. Time will tell.

================================================== =======

This is a partial post that I found on a Florida Forum from last year. I liked it and wanted to share it.

I say a lot of nasty things on this site, unfortunately all most all of them are true. This site is designed to help the community improve. That can not be accomplished unless YOU and I agree to live by the laws of our community.

One of the main problems I have with police is that they seem to forget that they once were civilians like me. They accepted employment in the Law Enforcement Agency to be agents that enforce the laws as they serve their community. As the years go by, and the hardships of the job and life in general mount, they froget they are agents of the written law, and fall into the trap of believing they ARE THE LAW. I can only hope they recover their sanity and return to being agents that enforce the laws as they serve their community, and meet my lawful requests.




This website was created for positive interaction, communication, and encouragement among the citizens and the members of the office. It was also created to relate important news and assist with working out problems before they become major issues. That has not been the case however. Most of the threads turn into rudeness, name calling, and outright personal attacks. This behavior is uncalled for, childish and should not be tolerated by any law enforcement member who have a shred of pride in themselves. You as Law Enforcement officers should call for an end to it.

These attacks and violations are only being caused by a few people. These people are known to Mod 1 and if it does not stop, could and will face banishment. Consider this a WARNING to all who violate the terms of service on this board. Abide by the terms of service or face your post being edited, deleted, and/or banishment.

Below is the section of the terms of service/use that has been consistently violated:

This is not a SLAM site and the Forums should be used constructively. Messages (anonymous or not) accusing anyone (including political candidates) of wrong doing (and/or criminal accusations) without substantial proof or reference are subject to deletion. Use your REAL name unless the need for an Anonymous Message is warranted. Messages not requiring Anonymous status, but being abused, are subject to deletion by System Moderators. Anonymous Messages are not granted the same right to exist that properly identified Messages are. Failure to comply can result in Message deletion and/or access blockage.

Here's an opportunity to voice your opinion, ask questions, become more informed, make a stand or engage in a healthy debate.

You agree that you will not submit Messages to Forums that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane, or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law;
• Are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
As long as the terms are followed this will be a great place to converse. I would like to thank you for taking your time in reading this sticky. If you should have any questions please feel free to check with the MESSAGE BOARD ABUSE AND VIOLATIONS Page and the Terms of Use at the top of this web page.
Thank you for visiting LEO Affairs

================================================== ====
Communicating with Police is an art form - Part 3 Modern Age. - continued
================================================== ====


On 9/11 we left the team huddling, trying to decide how to face the correct reading of the FIOA laws.

WHAT can be done to block this FOIA play

1). Play dumb, and ignore further requests on one pretense or another.
2). Have a catastrophic computer failure and' loose the records'.
2), Provide incomplete or inaccessible information
3). Find a way to Lawyer Up, and Intimidate thru legal means.
4). Intimidation through police force and threats - 'Don't drive in our town, or face the harassment.
5). Other creatve Blocking to be revealed soon - stay tuned.
.

================================================== ===
FIOA allows 5 days(after day of receipt) to respond after receiving a request.

To: "Nowak, Frank S."
Cc: "Eley, Harold O." , "Bradley, Stuart B." Thurston, Lewis B
Date: Tue, 7 Sep 2010 07:04:54 -0400
Subject: Freedom of Information Act , Section 2.2-3704.(G)

So 9/7 + 6days = 9/13, and here we are on 9/17 without a response. It looks like we are at stage 1, Ignore, Ignore, Ignore.

Additionally,


Clerk of Records
Newport News Police Department
9710 Jefferson Avenue
Newport News, VA 23605-1550
8 September 2010

Ref: FOIA Towing Log Entries for 27 August 2010

Dear Sirs;

Please provide a paper copy of all ‘Private Property’ Towing Log Entries in the City of Newport News for:

Evening of - Friday, 27 August 2010. From: 1900hr through 2300hr.

There should be less than 20 records in this 4 hour evening period. Your FOIA charge structure in past correspondence would indicate a total charge of:

20 sheets.............Copying fee / $ 0.50 / sheet..........$10.00
20 minutes time.....Analyst Salary $18.35 / hour..........$ 6.12
...............................Total cost ............................$ 16.12
...............................Postage(first class only-4oz).....($ 3.88)

Enclosed is a $20.00 Suntrust Bank Check (Payable to the City of Newport News). Please remit any remainder funds to your local Police Benevolent Association, or Local Law Enforcement Youth Group with my sincere thanks for the fine work they do.

Enclosed is Self Addressed Stamped ($1.93)Envelope. Please use this envelope to send the records, or post them according to FOIA regulations.

Sincerely,


Bill Fyler
P. O. Box 65XXX
Hampton, VA 23XXX

If you have any questions please call 757-844-8XXX between the hours of 8am and 8pm, (please leave a message if no answer) or email WKFyler@Juno.com

So, what is the situation???

Do we have 4 tough cops that feel like their getting pushed around, and you don't push cops?
Do you have 4 concerned cops that are scrambling to uphold their oath of office to the Virginia Constitution, and defend the laws they were hired to enforce?
Do you have 4 corrupt cops that have something to loose if the towing scam is uncovered in their area?

What is the situation that the cops feel they must ignore the lawful request for TOWING LOG records on a particular night, and paid for at the stated rate, with a donation to their charity? The Bank indicates the check was cashed on 10 September 2010.

So did the Police fulfill the request?
Did they apply it all to charity?
Did they fraudulently apply it to the $115.43 cent charge for records not agreed to? I'll have to wait until Monday to know for sure.

In a certified letter, the tow company was sent a request for the name of the Property manager requesting the Tow, and a copy of the contract, the letter assumed that VISA would hold the charge in dispute for 30 days,

When Visa learned that the dispute was about a towing charge, they refused to honor the hold for 30 days, stating court action would be necessary to recover the money from the Company




Date: 9/13/2010
Subject: Support Case #6285751
From: Member Support Center

Dear WALTER A FYLER,
Thank you for your message. Please be advised that VISA has rules and regulations for the disputes we file on behalf of our members. Unfortunately, your situation does not fall into any of the categories we are allowed to deal with concerning cardholder disputes. Therefore, the only thing we could recommend is that your consultation with the attorney would be the best route to a resolution.

The only other ideas would be to write a letter to the highest authority in the company and possibly notify local media of the unlawful and unauthorized towing.

We appreciate the opportunity to be of service to you.

Alison Williams
Cardholder Disputes

Since the Towing Company has it's money, they feel no obligation to respond to my request for a contract copy and the name of the Property Manager.

But what about the Property Manager? What can I say, Amy is a Sweetheart. She has sent me a statement that there is no contract, and no request was made to the towing company to tow my vehicle.

NOW what do we have?

A Towing charge for $120 paid at 2am after messing up an important evening.

A tow truck driver making a False Report to the Police about the validity of the tow. (Misdemeanor)
A tow truck driver breaking and entering into a locked vehicle. (Misdemeanor)
A tow truck driver committing Grand Theft Auto (Felony)
A tow truck driver committing Extortion for release of the vehicle he stole.(Felony)
A tow truck driver committing Credit Card Fraud (probably a felony, and possibly interstate - must investigate)

A Police Records Department that is avoiding giving out information concerning the theft.
A Police Department Violating 2 valid FOIA requests and effectively entering into a conspiracy with the corrupt tow truck operators.

Now, the Tow Truck Operator is Guilty as charged, and the Records of how many unlawful thefts he has engaged in are being covered up by the police.

First we file a FOIA Violations complaint, and then we file a police misconduct complaint to see if the NNPD IA Department is covering up corrupt police practices.

If the records do not show up by Monday, we will query the police to see why and begin filing necessary paper complaints.

------Communicating with Police is an art form - Part 3---To Be Continued------------------------------------------------------

================================================== ==============================
Todays posting was prempted - sorry, I will post it tomorrow but here is an excerpt:
================================================== =======================================
The FOIA records from the certified letter request were do on Saturday the 18th at my post office box, needless to say they did not arrive, so lets make sure everyone is aware of the problem and moving in the right direction.
------
Remember, Frank has been delegated the responsibility to see that the Records department staff is doing their job to serve the public.
------------
Mr. Thurston is the Public Information Officer that is responsible to make sure the public gets as little accurate information as is humanly possible. He is the one which received my original FOIA request, and he has decided to delegate the assignment
================================================== =========================================

I'm sorry about the delay, but I had to wait for replies, and my Daughters wedding in California last week. Things got away from me.

Amy the property manager is going to have the Towing zone signs removed.

Sergeant Nowak personally provided me with the Tow report for my vehicle, something I came to doubt that I would see ( it only cost $20 + postage to receive a complimentary -no charge copy - a free financial expense only the mind of a cop or a lawyer could understand

The Complaint is filed, and I guess now we wait for the Virginia Board of Towing & Recovery operators to review it at their next meeting. (surely they have one every year or so) to see if they detect any irregularity in the practice of towing cars from empty building parking lots with out any actual towing service contract, or call from a real live property manager.


Complainant: William K Fyler......................757-8X4-8XXX
P. O. Box 65XX3.................................. ... r@Juno.com (65XX3.......................................WKFyl er@Juno.com)
Hampton, VA 236XX
Registered Owner: ‘98 Plymouth Voyager VIN: 2P4GPXX30WR607XX8

Superior Towing Service....CAO-00087......Albert Wayne Duff.....DAD-02560
22 Yorktown Rd........(757)-874-0200......1XXX Cherokee Dr (757) 9X9-0X15
Newport News, Va 23603.................. Newport News, VA 23X02
Event: 27 August 2010 9:30pm(2136 hrs) Towing Charge $120.00 (Visa charge)

Location: Private Property............................... Property Owner: (404) 231 - 9500
Alltel Park lot/Patrick Henry Mall....................... AXX Realty Corporation
12274 Jefferson Ave, ...................................... 3XX0 Peachtree Rd, Suite 1XXX5,
Newport News, VA.......................................... Atlanta, Ga 30XX5

Event Narrative: My son and friend were attending farewell dinner at Cheddar’s Casual Café prior to permanent assignment overseas. Overflow conditions in Cheddar’s park lot encouraged their decision to park in lot of vacant building.
Reason for towing: Unknown (greed) No Property Manager Calls have been placed for service. No valid contract has existed for more than a year.

Description of complaint & contacts: On the night of the event, the tow truck operator, Albert Duff, was asked ‘by who’s authority he towed the vehicle‘, and he responded that it was a ‘random drive thru‘, and he acted on his own authority. (written by me on the bill, Duff refused to initialize it). In his bill, he indicates he reported a Property Manager Request to the police, and on the police form, ‘management’ is cited as the reason for the Non Consent Towing service (Improper Parking). Mr. Duff was aware that he made a false report to the police. (TOWING RECEIPT ATTACHED)

A temporary hold was placed on the VISA charge, but when VISA understood this was a towing dispute, they refused to honor the hold request. (E-MAIL COPY ATTACHED)

On September 3, 2010, a certified letter was sent to Superior Towing requesting
........................ Full Legal name of Tow Truck Operator for receipt #67676
........................ Name & Phone Number of Property Manager requesting service
........................ Copy of Towing Service Contract
Superior towing has not responded to my request. (COPY ATTACHED)

NNPD, Lewis Thurston, provided a copy of various Tow Log Reports, but charges became excessive (NNPD does not provide electronic records at this time), I would have provided a copy of all unlawful ALLTEL park lot towing events for the year 2010, but I can not afford them. (REQUEST & RESPONSE ATTACHED)

..............I contacted the Property Manager, Amy Peterson, or ACL Realty Corporation in Atlanta GA for clarification on the Tow Zone Enforcement guidelines at ALLTEL, and I was informed that there are none. She provided this statement to me in letter and e-mail form(ATTACHED). There are no existing valid contracts & there have been no Property Manager Calls for ANY ACL Realty properties. I have since informed Ms Peterson of the Tow Zone signs. Their removal is under review. ( SEE ATTACHED PROPERTY & SIGNS)

............. I believe other records in the Private Property Towing Files of NNPD will demonstrate that this practice has been ongoing by Superior Towing for some time. There are many complaints at Cheddar’s. I have notified the Manager and District Manager of Cheddar’s Casual Café of the unlawful abuse of their patrons.

Resolution Sought: I want to support the Virginia efforts to end predatory towing in the state, and the extortion practiced by unethical tow service companies.

Albert Duff, is knowingly engaging in unauthorized Predatory Towing and Superior Towing is supporting this activity by refusing to acknowledge the unlawful and undocumented nature of his non-consent towing services. This practice is documented in this complaint for a single parking lot, but review of towing records may show other offenses at other closed businesses.

It is for this reason that I am asking the BTRO to review my complaint,

1) Obtain records from NNPD to understand the extent of this particular extortion practice at the closed Alltel lot,
2) Obtain a copy of the Alltel Parking contract from Superior Towing
3) Terminate the license of Superior Towing,
4) Terminate the DAD of Albert Duff
5) Terminate the DAD of any other Superior Towing drivers found to be engaging in this practice.
6) Prosecute Albert Duff for extortion, credit card fraud, breaking & entering-auto, and if applicable, grand theft auto
7) Prosecute any other drivers of Superior Towing engaged in this practice.
8-) Prosecute Superior Towing Services LLC as accessories in this criminal activity

Time and Legal expenses make the research and defense of towing activities prohibitive. It is easier to pay an unjust charge than to hire a lawyer and research the matter. Unethical Towing Service Companies ‘milk’ the public for illegal charges to small to defend. The resolution I am seeking is to send a clear message to ALL Virginia companies engaging in these practices. This practice is not acceptable, and eventually someone will expose them to face the consequences of false police reports and criminal activities.

I would like the police to be proactive and apply common sense when claims of late night Property Management calls, from locations with no businesses function, are received. NNPD police do not feel this is part of their obligation to serve the public, nor do they feel that periodic reviews of records exposing improbable non-consent tows are needed.

9) Additionally, I would like BTRO to review the nature and wording of ‘typical’ towing service contracts.. I would like to see contract disclosure requirements that alert contracting property managers to possible abuse of certain agreements; specify circumstances (if any) for which a property manager call is not required to initiate the towing, and a requirement that contracts be renewed by review of service performance (number of tow services performed the past year) and a signature of the current property managers. Failure to return the new contract after a reminder or personal visit would be automatic cancellation of the contract. Sign removal without charge would be the responsibility of the Tow Service company(SAMPLE: DOMINION CONTRACT ATTACHED)



_________________________ _October , 2010_
Willliam K Fyler Date



Attached:
Towing Service Bill
VISA e-mail
Superior Towing Certified letter
Request for Tow Records
NNPD Towing Report
AXX Realty e-mails & official letter
Property Plat & Tow Signs
Internet Dominion Towing Contract (sample) & Commentary



Review of Towing Contract - Commentary
I'm sorry about the delay, but I had to wait for replies, and my Daughters wedding in California last week. Things got away from me.

Amy the property manager is going to have the Towing zone signs removed.

Sergeant Nowak personally provided me with the Tow report for my vehicle, something I came to doubt that I would see ( it only cost $20 + postage to receive a complimentary -no charge copy - a free financial expense only the mind of a cop or a lawyer could understand

The Complaint is filed, and I guess now we wait for the Virginia Board of Towing & Recovery operators to review it at their next meeting. (surely they have one every year or so) to see if they detect any irregularity in the practice of towing cars from empty building parking lots with out any actual towing service contract, or call from a real live property manager.


Complainant: William K Fyler 757-884-8421
P. O. Box 65903 WKFyler@Juno.com
Hampton, VA 23665
Registered Owner: ‘98 Plymouth Voyager VIN: 2P4GP4530WR607398

Superior Towing Service CAO-00087 Albert Wayne Duff DAD-02560
22 Yorktown Rd. (757)-874-0200 166 Cherokee Dr (757) 989-0715
Newport News, Va 23603 Newport News, VA 23602
Event: 27 August 2010 9:30pm(2136 hrs) Towing Charge $120.00 (Visa charge)

Location: Private Property Property Owner: (404) 231 - 9500
Alltel Park lot/Patrick Henry Mall ACL Realty Corporation
12274 Jefferson Ave, 3060 Peachtree Rd, Suite 1545,
Newport News, VA Atlanta, Ga 30305

Event Narrative: My son and friend were attending farewell dinner at Cheddar’s Casual Café prior to permanent assignment overseas. Overflow conditions in Cheddar’s park lot encouraged their decision to park in lot of vacant building.
Reason for towing: Unknown (greed) No Property Manager Calls have been placed for service. No valid contract has existed for more than a year.

Description of complaint & contacts: On the night of the event, the tow truck operator, Albert Duff, was asked ‘by who’s authority he towed the vehicle‘, and he responded that it was a ‘random drive thru‘, and he acted on his own authority. (written by me on the bill, Duff refused to initialize it). In his bill, he indicates he reported a Property Manager Request to the police, and on the police form, ‘management’ is cited as the reason for the Non Consent Towing service (Improper Parking). Mr. Duff was aware that he made a false report to the police. (TOWING RECEIPT ATTACHED)

A temporary hold was placed on the VISA charge, but when VISA understood this was a towing dispute, they refused to honor the hold request. (E-MAIL COPY ATTACHED)

On September 3, 2010, a certified letter was sent to Superior Towing requesting
Full Legal name of Tow Truck Operator for receipt #67676
Name & Phone Number of Property Manager requesting service
Copy of Towing Service Contract
Superior towing has not responded to my request. (COPY ATTACHED)

NNPD, Lewis Thurston, provided a copy of various Tow Log Reports, but charges became excessive (NNPD does not provide electronic records at this time), I would have provided a copy of all unlawful ALLTEL park lot towing events for the year 2010, but I can not afford them. (REQUEST & RESPONSE ATTACHED)

I contacted the Property Manager, Amy Peterson, or ACL Realty Corporation in Atlanta GA for clarification on the Tow Zone Enforcement guidelines at ALLTEL, and I was informed that there are none. She provided this statement to me in letter and e-mail form(ATTACHED). There are no existing valid contracts & there have been no Property Manager Calls for ANY ACL Realty properties. I have since informed Ms Peterson of the Tow Zone signs. Their removal is under review. ( SEE ATTACHED PROPERTY & SIGNS)

I believe other records in the Private Property Towing Files of NNPD will demonstrate that this practice has been ongoing by Superior Towing for some time. There are many complaints at Cheddar’s. I have notified the Manager and District Manager of Cheddar’s Casual Café of the unlawful abuse of their patrons.

Resolution Sought: I want to support the Virginia efforts to end predatory towing in the state, and the extortion practiced by unethical tow service companies.

Albert Duff, is knowingly engaging in unauthorized Predatory Towing and Superior Towing is supporting this activity by refusing to acknowledge the unlawful and undocumented nature of his non-consent towing services. This practice is documented in this complaint for a single parking lot, but review of towing records may show other offenses at other closed businesses.

It is for this reason that I am asking the BTRO to review my complaint,

1) Obtain records from NNPD to understand the extent of this particular extortion practice at the closed Alltel lot,
2) Obtain a copy of the Alltel Parking contract from Superior Towing
3) Terminate the license of Superior Towing,
4) Terminate the DAD of Albert Duff
5) Terminate the DAD of any other Superior Towing drivers found to be engaging in this practice.
6) Prosecute Albert Duff for extortion, credit card fraud, breaking & entering-auto, and if applicable, grand theft auto
7) Prosecute any other drivers of Superior Towing engaged in this practice.
8) Prosecute Superior Towing Services LLC as accessories in this criminal activity

Time and Legal expenses make the research and defense of towing activities prohibitive. It is easier to pay an unjust charge than to hire a lawyer and research the matter. Unethical Towing Service Companies ‘milk’ the public for illegal charges to small to defend. The resolution I am seeking is to send a clear message to ALL Virginia companies engaging in these practices. This practice is not acceptable, and eventually someone will expose them to face the consequences of false police reports and criminal activities.

I would like the police to be proactive and apply common sense when claims of late night Property Management calls, from locations with no businesses function, are received. NNPD police do not feel this is part of their obligation to serve the public, nor do they feel that periodic reviews of records exposing improbable non-consent tows are needed.

9) Additionally, I would like BTRO to review the nature and wording of ‘typical’ towing service contracts.. I would like to see contract disclosure requirements that alert contracting property managers to possible abuse of certain agreements; specify circumstances (if any) for which a property manager call is not required to initiate the towing, and a requirement that contracts be renewed by review of service performance (number of tow services performed the past year) and a signature of the current property managers. Failure to return the new contract after a reminder or personal visit would be automatic cancellation of the contract. Sign removal without charge would be the responsibility of the Tow Service company(SAMPLE: DOMINION CONTRACT ATTACHED)



_________________________ _October , 2010_
Willliam K Fyler Date



Attached:
Towing Service Bill
VISA e-mail
Superior Towing Certified letter
Request for Tow Records
NNPD Towing Report
ACL Realty e-mails & official letter
Property Plat & Tow Signs
Internet Dominion Towing Contract (sample) & Commentary



Review of Towing Contract - Commentary
I'm sorry about the delay, but I had to wait for replies, and my Daughters wedding in California last week. Things got away from me.

Amy the property manager is going to have the Towing zone signs removed.

Sergeant Nowak personally provided me with the Tow report for my vehicle, something I came to doubt that I would see ( it only cost $20 + postage to receive a complimentary -no charge copy - a free financial expense only the mind of a cop or a lawyer could understand

The Complaint is filed, and I guess now we wait for the Virginia Board of Towing & Recovery operators to review it at their next meeting. (surely they have one every year or so) to see if they detect any irregularity in the practice of towing cars from empty building parking lots with out any actual towing service contract, or call from a real live property manager.


Complainant: William K Fyler 757-884-8421
P. O. Box 65903 WKFyler@Juno.com
Hampton, VA 23665
Registered Owner: ‘98 Plymouth Voyager VIN: 2P4GP4530WR607398

Superior Towing Service CAO-00087 Albert Wayne Duff DAD-02560
22 Yorktown Rd. (757)-874-0200 166 Cherokee Dr (757) 989-0715
Newport News, Va 23603 Newport News, VA 23602
Event: 27 August 2010 9:30pm(2136 hrs) Towing Charge $120.00 (Visa charge)

Location: Private Property Property Owner: (404) 231 - 9500
Alltel Park lot/Patrick Henry Mall ACL Realty Corporation
12274 Jefferson Ave, 3060 Peachtree Rd, Suite 1545,
Newport News, VA Atlanta, Ga 30305

Event Narrative: My son and friend were attending farewell dinner at Cheddar’s Casual Café prior to permanent assignment overseas. Overflow conditions in Cheddar’s park lot encouraged their decision to park in lot of vacant building.
Reason for towing: Unknown (greed) No Property Manager Calls have been placed for service. No valid contract has existed for more than a year.

Description of complaint & contacts: On the night of the event, the tow truck operator, Albert Duff, was asked ‘by who’s authority he towed the vehicle‘, and he responded that it was a ‘random drive thru‘, and he acted on his own authority. (written by me on the bill, Duff refused to initialize it). In his bill, he indicates he reported a Property Manager Request to the police, and on the police form, ‘management’ is cited as the reason for the Non Consent Towing service (Improper Parking). Mr. Duff was aware that he made a false report to the police. (TOWING RECEIPT ATTACHED)

A temporary hold was placed on the VISA charge, but when VISA understood this was a towing dispute, they refused to honor the hold request. (E-MAIL COPY ATTACHED)

On September 3, 2010, a certified letter was sent to Superior Towing requesting
Full Legal name of Tow Truck Operator for receipt #67676
Name & Phone Number of Property Manager requesting service
Copy of Towing Service Contract
Superior towing has not responded to my request. (COPY ATTACHED)

NNPD, Lewis Thurston, provided a copy of various Tow Log Reports, but charges became excessive (NNPD does not provide electronic records at this time), I would have provided a copy of all unlawful ALLTEL park lot towing events for the year 2010, but I can not afford them. (REQUEST & RESPONSE ATTACHED)

I contacted the Property Manager, Amy Peterson, or ACL Realty Corporation in Atlanta GA for clarification on the Tow Zone Enforcement guidelines at ALLTEL, and I was informed that there are none. She provided this statement to me in letter and e-mail form(ATTACHED). There are no existing valid contracts & there have been no Property Manager Calls for ANY ACL Realty properties. I have since informed Ms Peterson of the Tow Zone signs. Their removal is under review. ( SEE ATTACHED PROPERTY & SIGNS)

I believe other records in the Private Property Towing Files of NNPD will demonstrate that this practice has been ongoing by Superior Towing for some time. There are many complaints at Cheddar’s. I have notified the Manager and District Manager of Cheddar’s Casual Café of the unlawful abuse of their patrons.

Resolution Sought: I want to support the Virginia efforts to end predatory towing in the state, and the extortion practiced by unethical tow service companies.

Albert Duff, is knowingly engaging in unauthorized Predatory Towing and Superior Towing is supporting this activity by refusing to acknowledge the unlawful and undocumented nature of his non-consent towing services. This practice is documented in this complaint for a single parking lot, but review of towing records may show other offenses at other closed businesses.

It is for this reason that I am asking the BTRO to review my complaint,

1) Obtain records from NNPD to understand the extent of this particular extortion practice at the closed Alltel lot,
2) Obtain a copy of the Alltel Parking contract from Superior Towing
3) Terminate the license of Superior Towing,
4) Terminate the DAD of Albert Duff
5) Terminate the DAD of any other Superior Towing drivers found to be engaging in this practice.
6) Prosecute Albert Duff for extortion, credit card fraud, breaking & entering-auto, and if applicable, grand theft auto
7) Prosecute any other drivers of Superior Towing engaged in this practice.
8) Prosecute Superior Towing Services LLC as accessories in this criminal activity

Time and Legal expenses make the research and defense of towing activities prohibitive. It is easier to pay an unjust charge than to hire a lawyer and research the matter. Unethical Towing Service Companies ‘milk’ the public for illegal charges to small to defend. The resolution I am seeking is to send a clear message to ALL Virginia companies engaging in these practices. This practice is not acceptable, and eventually someone will expose them to face the consequences of false police reports and criminal activities.

I would like the police to be proactive and apply common sense when claims of late night Property Management calls, from locations with no businesses function, are received. NNPD police do not feel this is part of their obligation to serve the public, nor do they feel that periodic reviews of records exposing improbable non-consent tows are needed.

9) Additionally, I would like BTRO to review the nature and wording of ‘typical’ towing service contracts.. I would like to see contract disclosure requirements that alert contracting property managers to possible abuse of certain agreements; specify circumstances (if any) for which a property manager call is not required to initiate the towing, and a requirement that contracts be renewed by review of service performance (number of tow services performed the past year) and a signature of the current property managers. Failure to return the new contract after a reminder or personal visit would be automatic cancellation of the contract. Sign removal without charge would be the responsibility of the Tow Service company(SAMPLE: DOMINION CONTRACT ATTACHED)



_________________________ _October , 2010_
Willliam K Fyler Date



Attached:
Towing Service Bill
VISA e-mail
Superior Towing Certified letter
Request for Tow Records
NNPD Towing Report
ACL Realty e-mails & official letter
Property Plat & Tow Signs
Internet Dominion Towing Contract (sample) & Commentary

http://www.dominiontowing.com/online-forms/service-contract-form.pdf

Review of Towing Contract - Commentary

Dominion Towing Service Contract was copied from their website, It is serving as an Illustrative Example of the industrie‘s ‘typical’ contract.

1) 24 Hour Service Patrol Service Call in Only

A) Legal responsibility for Towing event:
Must property managers make a call for service?,
Must property managers be notified of infraction discovered by tow operator before towing can occur.
Under what circumstances is it allowed for towing to occur without direct knowledge of Property manager?

B) Legitimate Reasons for towing:

Vehicle License Plates, Inspection Stickers, Handicap Parking are a contract with the state of Virginia, and are subject to civil authority. This is not a valid legal business concern of the property manager or of the Tow Service company when on private property. Call a cop for a ticket.

Abandoned, Junk Vehicles, Wrecked Vehicles, Inoperable Vehicles, For Sale Vehicles should be tagged for time period, appropriate to Private Property situation and Business Interference problems, before towing.

Resident in Guest, No Permit, Expired permit, No Guest Permit, Guest in Resident Parking, Altered Permit, is a function of Property Management (or residents) to make call request for towing service, (not contractual responsibility) of the Towing Company.

No Parking Zone, Double Park, Blocking Dumpster, Taking 2 Spaces Parked on Grass/Curb, No Parking Zone is a function of Property Management to make call request for towing service,(not the contractual responsibility) of the Towing Company.

Commercial Vehicles, Resident in Commercial is a Property Manager required call

Fire Lane, may be a legitimate reason for a tow company to notify the property manager that towing should be initiated. I doubt the concern is so grave that towing should occur without the knowledge of the Property manager, unless the tow is ordered by civil authorities.

C) Property Manager / Authorized Personnel are required to call in vehicles or special situations.
This responsibility should be understood, and not an option to check
2) WHAT DOES “By signing below both parties acknowledge that they are the authorized agents and agree to all the terms and conditions stated in the above Towing Service Contract” MEAN?

Is this confusing statement in a legal contract suggesting or stating that the Tow Truck Operator and the Tow Service Company are becoming authorized agents of the business contracting them, and there by giving them responsible authority to tow when every they as ‘Authorized Agents’ make a decision to tow a vehicle on their property?
If the statement is simply saying that only they will be called for towing service because they paid for the signs, the statement should be so stated.

3) Contract Renewal

Contract renewal does not allow for review of Service Needs, and simply rolls over unless termination is received in a specified 30 day window. Contract renewal should be an active process requiring the current property manager to take a moment to reflect on the past 12 months of services with a notification of exactly how many towing events have occurred on the property.
Any Complaints to Consumer Affairs should be brought to the attention of the Property Manager for possible review of current business practices concerning business patron needs, and their effectiveness in meeting the goals of the business. They should not be addressed by the Towing Company independent of the Property Manager.

It is hoped that the Virginia Board of Towing & Recovery Operators will make a review of other contracts and give guidelines on the construction of all Terrestrial Private Property Towing Service Contracts in the State. An improperly written and interpreted contract can lead to abusive predatory practices without the knowledge and consent of the Property Managers.

If you have any doubt that Virginia cops know how to do their job, this Frontline (limited viewing time) should set you straight.

............................ http://video.pbs.org/video/1637166286

http://wikibin.org/articles/virginia-towing-laws-4.html

http://www.thenewspaper.com/news/05/565.asp

http://eliabenari.wordpress.com/tag/predatory-towing/

http://towingutopia.blogspot.com/2008/09/predatory-towing-is-great-way-to-kill.html

Virginia Beach

Towing scheme
http://findarticles.com/p/news-articles/virginian-pilot-ledger-star-norfolk/mi_8014/is_20100625/views/ai_n54204676/
Predatory towing is a dark force in Virginia Beach. My 4-year- old son and I were stranded in the parking lot of Pacific Plaza on Wednesday while shopping at several local businesses. We had been on vacation in Virginia Beach and spent a few thousand dollars. Having our car towed was our $125 Virginia Beach tax and a big thank you for vacationing in Virginia Beach.

The tow truck operator was flat wrong in removing my car. I was patronizing the businesses of Pacific Plaza. We stopped by one shop and then were walking up the street to another to pick up our photos before heading out of town. I did not realize I had to move my car every time we went into a different business.

While we were waiting for our cab driver to take us to the impound lot, I witnessed the tow driver hiding in wait. He swooped up another car with North Carolina plates as we waited. During our ride to the impound lot, our cab driver told us that being towed in Virginia Beach was commonplace and that we were lucky because the other towing company impound lot was 15 miles out of town.

http://www.yelp.com/biz/a-1-towing-service-of-northern-virginia-alexandria
My girlfriends Honda just got towed. She has a handicap sticker on the car, parked in a handicap spot, with proper apartment pass. It was 3 am, she's in the same exact spot she's parked in for 1 year. I happen to sit up and I see through my window, the tow guy taking a picture of her car. I threw on my pants and flew out the door and three flights of stairs. They saw me jumped in the tow truck , and sped away, so, I checked the car, it was parked on the line a bit, so I moved it, made sure both passes were on it, went back upstairs. About 15 mins later, they came back, and I saw them, this time tho they were half way down the street... when I got back upstairs, my girlfriend was on the phone with them, they said her safety inspection had expired. Told her it wasn't there problem, cost 125. I don't see why they drove away, when they coulda just told me. But instead they felt it was better to take from a handicap person... cowards, pushes, bullies. I wish there was something I/we could do. I've seen them pull 11 cars out of here in one hour.