Court Rules Company Overcharged for Tow

Talbert's failed to represent itself at the hearing, but employees said the company plans to appeal the ruling.

"They are definitely being uncooperative," said senior Brian Roesler of Pitman, N.J., the student who brought the suit against Talbert's. Roesler said he thinks towing companies often overcharge students.

According to his complaint, Roesler wrecked his car on Umstead Drive early on the morning of Jan. 3. After Roesler left his car in a ditch, Chapel Hill police called Talbert's to have it towed.

The following day, Roesler arrived to retrieve his vehicle and pay for the towing charges. He was charged $250.

But after further consideration, Roesler decided he had been overcharged for the tow, lawyer Dave Crescenzo said. Roesler went to Crescenzo, an attorney at Student Legal Services, for advice.

Crescenzo, who has represented students in cases against several local towing companies, including Talbert's, said he also thought the $250 fee was unreasonable.

"I've seen many tows, and never one for half as much," Crescenzo said.

But Talbert's employee Gill Day said the tow was expensive because of the circumstances and damage to the car.

"The vehicle was wrecked in the ditch," Day said. "It took my driver three and a half hours, plus another truck."

Crescenzo said he sent Talbert's several letters inquiring about their usual fees and their response to this situation. But he said Talbert's refused to answer those letters.

He said he then sent an official list of detailed questions which Talbert's was required by law to answer. In response, company representative Silas Talbert sent Crescenzo a hand-written letter claiming Roesler had not been overcharged.

"We charge according to time and damage," Talbert wrote in the letter. "I have talked to other tow companies and they agreed that they would also have charged the same amount or more. When (Roesler) came in to pay the bill he didn't seem to be upset."

But Crescenzo said he questioned other local towing companies and found none of them would charge as much.

Crescenzo said he filed a court order in May to force Talbert's to cooperate. The company was notified of a hearing scheduled to take place last week, but employees say the reason they failed to appear was a misunderstanding of the hearing date.

"This lawyer kept sending different stuff through the mail with different dates," Day said. "We thought it was postponed until the 29th."

But even in the absence of the defendant, Roesler was granted a $200 judgement by acting judge Bill Burton.

Cresenzo said Roesler deserves the money because Talbert's took advantage of him. But Day said Talbert's plans to appeal this decision.

"We ain't going to pay it," he said. "We're going to appeal the case."

Roesler said he was pleased by the hearing's outcome, but has no idea whether he'll actually get any money back.

He said he hopes his case will inspire other victims of overcharging towers.

"Someone needs to send them a message," he said. "Towing companies have a lot of power around here."

Emma Merritt can be reached at ecmerrit@email.unc.edu.