Who should pay for my unfair $118 tow charge?

Eric Lai

SPECIAL TO THE STAR

Q: My car was tagged and towed from a Scarborough parking lot. I appealed the ticket and it was cancelled.

However, the tow company refuses to refund their fee of $118, saying that's the property manager's responsibility.

Can I get my money back?

Ishrat Ansari, Toronto

A: Toronto lawyer Gregory Chang (bcbarristers.com) replies:

The tow company may feel like a blameless party to this incident, but my opinion is that they should refund the $118 immediately.

If the vehicle was properly parked, then there was no basis to remove the car or to charge Mr. Ansari.

It doesn't affect him that the tow company expended time, effort and money to remove the vehicle – the company can chase after the lot owner for having given them incorrect information leading to the improper towing of the vehicle.

It's possible the tow company doesn't wish to blame the lot owner as this may affect future business. The tow company was "taking their chances" and if a car is improperly towed, they should refund the charge.

Note that the tow truck probably followed the rules for removing a car without the owner's consent, as a parking ticket was issued.

Without consent, tow trucks can only remove cars in limited circumstances as set in The Toronto Municipal Code, Chapter 545 – Licensing (see subsection 545-112).

Even if the rules were followed, (the cancellation of the ticket indicates that) the car shouldn't have been removed, so the $118 should be refunded.

Mr. Ansari may wish to start a lawsuit in Small Claims Court, whereby he should name two defendants: the tow truck company and the property owner.

One of these defendants will likely be ordered to refund the money, along with interest and covering some legal costs.

In Small Claims Court, the legal costs will far outweigh the actual $118 fine in this case. If Mr. Ansari wins, then he may recover between $250 and $500 in costs alone, including:

Filing fee: $75

Serving two defendants: $40

Asking for a trial date: $100

An additional award of $50 up to a few hundred dollars, depending on whether he's self-represented or represented by an agent or counsel.

To file a complaint against the tow company before commencing a lawsuit, contact Toronto Police – Parking Enforcement (East) and/or the Toronto Licensing Commission (416-392-3000).

As a final note, tow truck companies across Ontario may soon be subject to Bill 87, Towing Industry Act, 2008, which has passed second reading.

Currently, different cities have different regulations for the tow industry and this new legislation looks to remedy this patchwork situation.

Q: A past article mentioned that demerit points only apply for motor vehicle convictions.

However, my son lost points from his driver's licence and was suspended because of a skateboard ticket.

How do we go about clearing this up?

Shirley Steenhuis via e-mail

A: Ontario transportation ministry spokesperson Bob Nichols advises that if the original information from the court did not indicate that the offence occurred on a skateboard, the individual must go back to the court to have this issue resolved.

The court, in turn, will notify the Ministry of Transportation to have the points removed.

Got a beef about something? Write to Eric Lai at wheels@thestar.ca.

Letters may be edited. Letter volume prevents personal replies.

More videos from Wheels.ca and our partners