Residents voice their frustrations over illegal towing practices in Birmingham.
Residents of Birmingham are rallying against illegal towing practices implemented by Parking Enforcement Systems (PES). A class action lawsuit, led by resident Terry White, alleges that PES overcharged customers and engaged in unlawful towing activities. The case has garnered attention as numerous complaints have surfaced regarding PES, prompting the city’s involvement. The Birmingham Department of Transportation acknowledges ongoing issues with towing regulations, leaving residents hopeful for change in response to their grievances.
Birmingham is buzzing with the latest news about a class action lawsuit that has emerged against the local towing company, Parking Enforcement Systems (PES). This lawsuit is being spearheaded by a determined resident, Terry White, who claims he was unfairly charged when his car was towed while parked in a paid lot. As the situation unfolds, residents are wondering about their rights and what’s being done to address these mounting complaints.
The lawsuit, filed on February 26, centers on accusations that PES and Robert Crook, the owner of downtown lots, have engaged in illegal towing practices and have overcharged unsuspecting customers. White’s experience was particularly frustrating. After his car was towed on December 15, 2023, he recounted trying to pay through an app, only to face a staggering charge of $160 for the tow. Under a new ordinance, drivers should only expect to pay up to $80 for such services.
The case has taken an interesting turn. On December 23, Alabama Car Lawyers, who represent White, directed a subpoena to the city of Birmingham. They are seeking comprehensive records concerning PES’s operations for evidence related to the lawsuit. Specifically, they are requesting:
Curiously, the city has yet to respond to any requests for comment regarding this subpoena, leaving many wondering what is going on behind the scenes.
The class action suit is just one part of the larger story. PES and Crook are also tangled in a separate wrongful death lawsuit connected to a tragic incident involving a tow truck driver and Adarius Jamar Peterson. Recently, Judge Jim Hughey III ordered PES and Crook to provide essential documents pertinent to the ongoing legal battles.
What’s even more perplexing for the residents is that White’s case isn’t isolated. Several other local individuals have stepped forward with their own grievances against PES. Sheila Lovelace and Ann-Marie Freeman have filed lawsuits alleging damages while dealing with their vehicles being towed. Lovelace’s case has been lingering in appeal since 2022, and Freeman’s complaint is scheduled for trial in October 2024.
In light of the increasing complaints from residents, the Birmingham Department of Transportation has acknowledged that although most towing companies are making efforts to comply with recently enacted regulations, some notorious downtown lots appear to be lagging behind. City officials have expressed a desire to redesign parking signage and adjust citation formulas to address the growing frustrations among residents regarding high parking fines and confusing new paid parking requirements.
Residents are not shy about sharing their frustrations. Many believe there is a pressing need for accountability within towing regulations, particularly as more individuals face unexpected and excessive charges. It appears the city may be on the brink of some changes as they navigate through these complaints.
The class action suit is still in its early stages, with a hearing to determine its class certification pending. The initial hearing was originally scheduled for December 17 but has since been postponed, leaving many in limbo. The ongoing challenges in serving legal documents to PES and Crook only add to the complications of this evolving situation.
Birmingham residents are undoubtedly keeping a close eye on how this situation unfolds, and one can only hope that the city, along with PES, will finally come to the table and address these many grievances. With the spotlight now on their practices, it may be time for change in the towing landscape of Birmingham.
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