Hartford Continues Illegal Towing Charges Despite Settlement

Continuing their long tradition of ineptitude, Hartford officials failed to follow through on promises they made in federal court to stop charging victims a $20 “administrative fee (read kickback)” on top of towing charges and to set up a system under which indigent people could obtain a waiver of towing fees.

Without admitting any intentional wrongdoing, Hartford officials agreed earlier in the year to drastically revise its towing practices: ending its policies that took advantage of those whose cars were stolen or whose cars broke down – bringing huge revenues to towing companies and a little extra to the the city’s coffers.

Hartford agreed to work with the owners of the vehicles before having their cars towed, which had required the owners or their insurance companies to pay towing and storage charges. It also agreed to reimburse potentially thousands of people, whose cars were improperly towed, $15 each and to stop accepting $20 from each tow. Some victims were even prohibited by towing companies from taking personal belongings in their vehicles until their charges were paid – in cash.

Hartford attorney Jeffrey Nobel, of Izard Nobel LLP, won the settlement. He and his legal team launched the two federal class-action lawsuits based on complaints from two victims whom I asked his firm to represent while I was the Watchdog columnist at The Courant.

“Our focus was to change the system,” Nobel told when he confirmed the settlement. “We wanted to change the system to help people get their property back” and to give victims a chance to get their vehicles before they are towed.

The city of Hartford is not admitting any wrongdoing in accepting the settlement, which provides for $100,000 in legal fees to Nobel’s firm.

The key plaintiffs, Tracey Crawley and Preston Garcia will also receive compensation. Crawley is to get $2,500 and Preston will receive $1,000.

The issue arose two years ago when Hartford police discovered Crawley’s car, without wheels and damaged starter,  on Bodwell Street in Hartford. (The following account is from my original column in The Courant).

Instead of calling Crawley of East Hartford, Hartford police called Reno’s Auto Body & Towing. Reno’s, like many Hartford towing operations, has a contract with the city permitting it to pick up the stolen cars in return for a $20 kickback to the city.

Crawley, whose car was stolen in Manchester, asked Reno’s for permission to see her car and take out any personal belongings that might have been left in it. Reno’s refused, saying she first had to pay the $97 towing charge. Crawley, a clerk in Hartford, told me she didn’t have the money to pay the charge.

Crawley – through a friend – contacted the Watchdog. I put Crawley in touch with  Nobel, who agreed to represent her for free.

Nobel went to Reno’s with Crawley and he, too, was denied permission to enter the car, a 1994 Chrysler. Crawley said she would gladly give the car to Reno’s, but Reno’s owner refused, saying he would sue her for the towing charge as well as for storage.

Nobel then filed an appeal with Hartford police, which was denied.

He then filed a lawsuit claiming that Hartford’s practice violates the U.S. Constitution’s due process clause, as well as state law and internal Hartford police guidelines.

Both state statutes and police guidelines require that police first attempt to contact the owner of a stolen vehicle before turning the car over to a private towing firm, Nobel said.

Nobel added that it took several days to find the Hartford police guidelines, because not even the police officers knew where to find a copy.

The other plaintiff in the lawsuit is Preston Garcia of Manchester, whose car was stolen on Jan. 9, 2006, in Hartford. It was found three days later and was immediately towed by Friendly Auto Body & Towing.

Garcia, Nobel said, was called by Hartford police as his car was being towed. Since the car was drivable, Nobel said, Garcia would have been able to take it directly home, instead of having to go to Friendly — what a great name — and pay $97. His appeal was also rejected by Hartford police.

The settlement was to have been finalized on Dec. 17, but according to the latest court findings (attached at the bottom of this column) Hartford’s lawyers discovered on Dec. 4 that the city “inadvertently failed” to change all the policies it had committed to change.

They now hope to “confirm implementation of these changes” by Thursday.

If Hartford officials don’t screw up again, the settlement is expected to be signed by U.S. District Judge Robert N. Chatigny in March 2010.

Motion re continued final approval hearing

Order re Continued Final Approval Hearing

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