Tow companies, driver charged by OPP for overcharging, holding vehicles

Provincial police laid charges against two towing companies and a driver after catching them overcharging customers or holding vehicles hostage.

Southway Towing, a driver from the Ottawa-based company, and Pro Solution Towing are facing several charges related to issues with payment, consent and failing to provide information.

Constable Michael Fathi, with the Ottawa detachment of the Ontario Provincial Police (OPP), said there are standard rates for storing a vehicle that companies need to follow.

“But not only that, in some cases they are refusing to provide owners or insurance with access to vehicles, making claims that vehicles are more damaged then they actually are,” he said in an email.

On Nov. 27, police received a complain after a tow company refused to release a vehicle from its impound yard. The vehicle was towed there against the owner’s wishes after a collision. The company then told the owner they had to pay more than $5,000 for one week of storage.

Just under a week later, OPP got another complaint of another tow company that was refusing to release a person’s vehicle and also overcharging.

“The point of doing that is so they can keep the car and sell it to make more money,” Fathi said. “They (the company) are required to provide detailed receipts for services provided.”

Southway Towing is charged with:

• Tow operator – charge or demand payment without consent
• Vehicle storage operator – fail to obtain consent
• Vehicle storage operator – fail to comply with prescribed access requirements
• Tow operator – charge or demand payment for services without first providing invoice
• Vehicle storage operator – charge or demand payment for services without first providing invoice
• Fail to provide information to person as required
• Vehicle storage operator – fail to provide copy of consent
• Tow operator – fail to provide copy of consent
• Vehicle storage operator – fail to make reasonable efforts to release vehicle upon request

A driver for the company is facing:

• Tow truck driver – provide or attempt to provide services without consent
• Tow truck driver – fail to provide copy of consent

Pro Solution Towing is charged with:

• Tow operator – charge or demand payment without consent
• Tow operator – fail to provide copy of consent
• Tow operator – charge or demand payment for services without first providing invoice
• Misleading, inaccurate or false representation
• Pressure person to use one payment method over another

Police said if a person feels they are being overcharged or a tow company refuses to give back their vehicle (to the owner or insurance company), victims can file a complaint here.

“An individual has the right to select their own tow company. They also have the right to tell the tow company where to take the vehicle,” Fathi said.