Virginia Attorney General Mark Herring’s lawsuit against Advance Towing, long accused by many of predatory towing, finally went to trial this week.
During two days of arguments, the AG’s office honed in on the towing company for what they considered to to be unsafe towing practices, overstepping their authority, and allowing unregistered drivers to tow.
Saying that both the county and consumers don’t have much recourse on these matters, Assistant Attorney General Erin Witte made the point that the responsibility was on the Commonwealth to hold Advanced Towing accountable.
“If we don’t do it, it won’t happen,” she said during her opening arguments and speaking to Chief Judge William Newman.
The AG’s office is seeking an injunction to end Advanced Towing’s “illegal practices,” restitution for consumers, plus civil penalties, and attorney’s costs and fees.
While the case was initially supposed to be wrapped up within two days, Judge Newman ruled to allow it to extend to a third day for closing arguments on Oct. 20. A decision by the judge is expected shortly after that.
It was back in June 2020 when the Commonwealth of Virginia filed a lawsuit against Advanced Towing for conduct the state deemed to be “frequently predatory, aggressive, overreaching and illegal.” However, it took 16 months of motions, requests for information, and withdrawn trial dates to get to this point.
It’s undisputed that Advanced Towing’s tactics have angered scores of drivers, unhappy with being towed, including former ESPN reporter Britt McHenry, Amazon delivery drivers, and others. One person has even set up and, for years, maintained a website dedicated to exposing alleged wrongdoing by Advanced, after his Jeep was reportedly damaged while being towed in 2016.
Advanced has argued repeatedly that it is providing a necessary service by towing vehicles that are trespassing on private parking lots. But those being towed nonetheless frequently vent frustration, often prompting calls to police over disputes at the Advanced lot in Ballston.
Sometimes it goes further. In January 2020, an Uber driver trying to drive out of the lot without paying struck owner John O’Neill at the company’s lot. During his testimony during this trial, O’Neill referred to this as his “accident” and said it has caused him severe medical issues.
The company’s attorney Chap Petersen, who is also a Virginia state Senator, acknowledged that there are a lot of people who are pretty upset with his client.
“This lawsuit isn’t about much. There were 40,000 tows in Arlington [since 2017]. That’s a lot of unhappy people, sure.” said Petersen. “But [those tows] weren’t illegal.”
But the question before the court is whether the actions of Advanced Towing are actually illegal despite the company’s assertions to the contrary.
The days-long trial examined a number of alleged bad practices of Advanced Towing, including towing of police vehicles, towing without proper authority, not properly securing vehicles while towing, the safety and professionalism of Advanced Towing employees, if contracts with property owners were properly signed and up to date, the registration status of drivers, and whether towing signage and markings were clear enough for consumers.
To make their case, the AG’s office brought a parade of witnesses to the stand. Among them were several Arlington County police officers, Advanced Towing employees, and people who have had their cars towed.
The police officers testified they had written a number of tickets over the last several years to Advanced Towing, related to improper towing due to safety straps not being applied and not securing the load properly.
Consumers spoke at length about their experiences being towed. One witness recounted having her car towed from her own co-op residence parking lot.
Although she eventually got her car back without paying a fee, she recounted how much time and stress it caused her.
“I was devastated,” she said on the witness stand.
Several witnesses spoke about the “unprofessional” interactions they had with Advanced Towing employees, including one woman who said she was aggressively accosted at the company’s tow yard, which made her feel unsafe.
While the company operates throughout Arlington County as well as in parts of Fairfax County, a lot of time was spent on their towing authority and practices related to a Wilson Blvd parking lot near Ballston that’s used by Gold’s Gym, &Pizza, and bicycle store Spokes Etc.
Local residents on the witness stand (some appearing virtually) recounted their times of running into one of these businesses, only to have their vehicles towed within minutes.
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