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June
29, 2006
Resident
Hendersonville, TN
37075
Bob
Barker, Chief Deputy
Sumner
County Sheriff’s Office
117 W. Smith Street
Gallatin, TN
37066
Copy VIA Email: bobbarker@sumnersheriff.com
Dear
Mr. Barker:
I
have been advised that this could be of interest to you. I understand you
influence these type of vendors that serve our county. This matter is
regarding the business practices of Towing Company, located in Hendersonville,
TN 37075.
My
son’s car was towed from our condominiums on May 30, 2006. I contacted our
homeowners association to locate the car starting on June 1st.
It took until June 5th to find out the car had been taken to
Towing Company, who I immediately attempted to call. I called and left
messages several times to coordinate picking up the car before Towing
Company first responded on June 7th. At that time, Towing
Company denied ever receiving calls or messages from me. The owner stated
that, no matter what I said, I was not getting out of any charges. He told
me the cost to retrieve my car was $321.00 (cash only). This charge was
beyond my financial means to get our car back, which was compounded further
by the business’s continued accrual of even more charges.
I
have filed complaints (enclosed) with the Better Business Bureau and the
Department of Consumer Affairs and told Towing Company about the
complaints. Towing Company responded to the Better Business Bureau but
their documented response leaves me speechless. The company has written a
lengthy document (enclosed) of what I consider complete untruths. They will
not budge from the charges that are, to this day, continuing to accrue.
Towing Company has now advised me that it is in my best interest to pay
more than $700.00 to retrieve the car. They have also outlined the policies
they will use to sell the impounded vehicle.
After
a lot of research and talking with state officials, county officials,
county law enforcement, and attorneys, I learned that there have been
similar instances to mine in Sumner
County. Some towing
companies seem to have adopted a practice of legally towing a car but then
making it so costly and difficult for an owner to locate and pick up the
car that the owner cannot retrieve the car in a timely manner. The cars
then end up in the towing companies’ possession for so long that the
company can file for a lost title of an abandoned car to sell the car and keep
the proceeds. The laws that make this highly unethical practice legal
result in substantial financial gains for these kinds of towing companies.
Because
our car likely cannot be sold for enough money to cover the charges accrued
by Towing Company, I have been advised that they can legally sue me for the
difference. I cannot even begin to try to disprove the multitude of
untruths the company has documented to build their case. However, I do
understand the basic truths of this matter as follows:
1.
My
son’s car was parked on the pavement next to a curb not obstructing or
making driving unsafe. It was in a
spot the board of our association would prefer you did not park. Therefore, it was towed at the request
of the board.
2.
As
owner of the car, locating it and getting information as to how to pick the
car up was stalled for reasons that were no fault of my own.
3.
Charges
accrued to an amount that are impossible for me to come up with immediately
and in cash only.
4.
The
company has documented that the charges will not stop accruing and they
will sell the car.
5.
I
am bound and at the mercy of any action Towing Company wishes to take.
I
will be sending a copy of this document to county and state officials in
hopes they will consider investigating this as a legal matter and,
eventually, pass legislation that protects residents of Sumner
County from being
forced into a situation similar to mine.
I
would greatly appreciate any suggestions you can give me to help me deal
with this matter. Thank you for your advice and time.
Sincerely,
Resident
Hendersonville TN
/rht
Cc: Mr. Scott Foster, Mayor of
Hendersonville Tennessee
Mr. Ray Whitley,
District Attorney General
Mr. Dee David Gay, Assistant District Attorney
General
Mr. Don Long, Mayoral Assistant & Director
of Economic & Community Development
Ms.
Diane Black, State Senator Gallatin, District 18
- Robertson and part of Sumner counties
Ms. Mae Beavers, State Senator, District
17 - Cannon, Clay, DeKalb, Macon, Smith, part
of Sumner, Trousdale, and Wilson
Counties
Tennessee Department of Consumer
Affairs
Better Business Bureau of Middle
Tennessee
Enclosures
(Resident 1 & Company 1)
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