Dozens of complaints filed against towing company; consumers seek more regulation

More than simply the frustration of having their cars towed, complaints centered primarily on how Barnes asked them to pay, and how much.

April Harris, who says Barnes towed her car from Franklin Street in Chapel Hill, filed a complaint with the Attorney General’s office.

"I hope that it’ll bring attention to them," she said.

Harris says the tow truck driver informed her cash was the only way she could pay.

Other complaints about the company say the same thing, including one filed with the Town of Carrboro by a parent whose son was in town for cancer treatment. The parent wrote their car was towed, with her son’s wheelchair and medications inside.

"We had no choice but to pay cash," the complain form, obtained by WRAL Investigates through a records request, reads. "They refused a debit card."

However, town ordinances for Carrboro and the Town of Chapel Hill show towing companies are required to accept cards for payment.

WRAL Investigates spoke with another woman, Melissa, who asked us not to use her last name because she feared retribution by Barnes Towing.

She said Barnes did allow her to pay with credit card. Her issue is with the added fee that entailed.

"They charged $100 extra for the credit card," she said, "which is the part that upsets me quite a bit."

An accountant, she said she is familiar with merchant fees charged by credit card companies, but the amount Barnes charged far exceeded that.

"They’re charging whatever they want to charge," she said." And they’re making a lot of money. And you’re at their complete mercy. You can’t argue with them. You need to get your car out because they charge per day, every day your car is in there."

Towns in North Carolina used to have more power to set rules on towing within their jurisdictions. Ten years ago, a Chapel Hill case that went all the way to the State Supreme Court removed a Town’s ability to ban passing along credit card fees to the consumer. Now, the state does not cap what companies can charge for the tow, or for a credit card surcharge.

"The towing company has you by the neck and you just have to pay whatever they want to charge you," Melissa said.

Data obtained by WRAL Investigates shows – of the 452 tows in Carrboro last year – 87 percent were done by Barnes Towing.

In Chapel Hill, of the 1811 tows, 74% were by Barnes.

Lorynn Brandon says her car was towed by Barnes, from Franklin Street in Chapel Hill, while she was on her lunch break in high school. She says she paid in cash, and claims Barnes did not give her a receipt.

Her mother, on her behalf, filed a complaint with the state Attorney General’s office.

"I feel like it should be more organized," Brandon said. "I should’ve got[ten] a receipt."

In an email, a representative from Barnes Towing told WRAL the company abides by all state laws and municipal ordinances.

Regarding Brandon’s claim about not receiving a receipt, the representative wrote: "Before we release a vehicle we request a telephone number to send an electronic receipt, our software program timestamps the sent invoice and phone number on every call providing us with proof such has been done on every call."

The representative said rather than charging a credit card fee, the company offers "a cash discount." However, a receipt provided to us by Melissa clearly shows a line item for a "credit card processing fee."

As to why Barnes has towed so many more vehicles than other companies, she wrote: "I cannot speak for the other companies in town why they have less vehicles towed according to the records that would be a question for them. We are simply providing service for the property owners and Management Companies that have contacted Barnes and requested such, due to the egregious amount of parking violators that disrupts their business."

Those WRAL spoke with want more regulation in the towing industry, to offer more protection to consumers.

Attorney General Josh Stein says it can only come from one place.

"To the extent there are folks out there who believe that towing regulations should be tougher, I am one of those people," he said. "It is on the legislature to empower local governments to better protect their residents."