[Update - 12.19.2011: Wow so this post is over 2.5 years old and still gets a comment almost weekly! I am turning off the comments at this time as I have moved on past this incident. I am very sorry for anyone who has to deal with this or any other towing situation in Phoenix or Arizona. My advice is to stop going to the towns and places that are ok with this type of activity. If you did get towed apparently there is a way to get your money back and possibly some sort of payment out of the towing company but it sounds like a lot of work, good luck!]
Last night was Ignite Phoenix #4 which we held at the Tempe Center for the Arts and it as awesome. We had at least 500 people there and everyone was super cool. The after party was at La Bocca wine bar near 7th and Mill Ave and it was that intersection when the evening took a turn for the dreadful.
I pulled into a semi empty lot at about 10pm and parked to go to La Bocca. There were 6 other cars and a few taxis in the lot and I assumed things would be cool. Well in Tempe this is the wrong assumption. When I came out of La Bocca at 11:30 my car was gone and so were most of the other cars that were there.
A nice group of folks from Ignite Phoenix were there as well because their cars were gone as well. Jay Thompson (@phxreguy) has a good write up here.
When I got home I called the Tempe police and talked with Katie to discuss the Tempe Towing law and in particular Sec. 32-2. Maximum charges and fees; release of vehicles:
(a) No private towing carrier shall hold or attempt to hold any vehicle towed from any location within the city without the consent of the owner or operator thereof as security for accrued towing and storage charges. Any such vehicle shall be immediately released, regardless of impound location, to the owner or operator thereof upon the production of proof of ownership or agency, as hereinafter defined.
My issue was that the towing company dispatcher was telling me that I would have to wait till 9am to pick up my car but the law says the “vehicle shall be immediately released, regardless of impound location, to the owner or operator thereof upon the production of proof of ownership”. To me this means that when I can show that the car is mine I can get my car. Katie explained that the law does not require that the lot be open 24 hours a day to which I replied that it also does not not say that either so there is room for interpretation either way.
That is issue #1.
I sensed that this was going no where so moved onto Sec. 32-6. Notice to public of right to tow. Part b:
(b) Signs will be a minimum of twelve (12) inches by eighteen (18) inches in size and will be mounted at a minimum height of five (5) feet and a maximum height of ten (10) feet above the ground.
Here is the sign in question.
Unless Jay is a giant I am pretty sure it is under 12′ by 18′ and is lower than 5 feet off the ground. Monster is the Irony here, ha!
Katie explained that I could file a complaint but that someone would have to call me back first.
30 minutes later Karen Scheffler called me back. Ms. or possible Officer Scheffler was pointedly unhappy about having to speak with me and explained that officer Tony Miller had already been to the scene and saw that the signs were all in order. I asked to speak with Officer Miller and was sent to his voice mail.
30 minutes later (1am) I was called by Officer Miller who was very nice and happy to talk to me about this situation. I asked about the size of the signs and he felt confident that they were up to code as they have to regularly check these types of lots around the city. He explained that this is a weekly issue for his beat and that it is a regular topic and Town Council meetings. He recommended that I contact the Mill Ave. Disctrict which is a coalition of Mill Ave business owners who are trying to fight this type of behavior as it is hurting their business. i thanked him for his time and went to bed.
That is issue #2.
I woke up this morning and got the car out of the lot a bit after 9am for $135. While I was there I noticed at least 10 other invoices on the desk. At $135 each that is about $1300 a night. Keep in mind this was a tuesday night in the summer in Phoenix/Tempe which means things are slow. That means conservitavely these guys are bringing in $300k a year from this one lot!
The next issue is still with Sec 32-6 but not on part e:
(e) The private towing carrier shall post a sign with a minimum one inch lettering with the maximum charges and fees as established by council resolution (see Appendix A) at the main business entry of the impound location.
Once again looking at this great picture of Jay you will notice that the only part of the sign with one inch lettering is the part that says Restricted Parking. The law states taht the charges and fees must also be this size when in fact they are about 1/8″.
That is issue #3.
While I was getting my car another customer was waiting and asked if I had seen him get pepper sprayed, see Jay’s post. I said I had missed that part but was very interested when he mentioned that the one car not towed was entered and driven away by a Tow Truck employee. This tells me that no one representing the property owner was actually at the scene which is in violation of Sec. 32-5. Authority to tow.
It shall be unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner of the property or the agent of the owner, who has complied with requirements of this section. The owner or the owner’s agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner. A copy of the written contract shall be made readily available to the law enforcement agency upon request and include the owner’s or owner’s agent name and current telephone numbers.
(Code 1967, § 33A-5; Ord. No. 2006.77, 1-4-07)
I am posting this for three reasons:
1) I need to release these thoughts in order to move on from them, as the Dhammapada states:
“He abused me, mistreated me, defeated me, robbed me.”
Harboring such thoughts keeps hatred alive.
“He abused me, mistreated me, defeated me, robbed me.”
Releasing such thoughts banishes hatred for all time.
2) I want to let others know about this scam and hope that it helps them avoid it. Start by not going to Tempe until they change their laws.
3) I want to see if any lawyers think that my Issues are valid and what steps may be taken.
With love from PHOENIX, peace out!
Great summary of this fiasco / rip-off / scam Roger.
When I went to get my car this morning, there were TWO stacks of invoices, so I think your estimate is *very* conservative.
I’m not a politician or an attorney, but I have serious reservations that signage complies with the Tempe City Code. Another point is section 32-6(a)(5) states: “Each sign shall state, “Tempe City Code, Section 32-6.”" I don’t see that language on the sign. (several cities are listed, but Tempe isn’t among them).
The use of a “bait car” and the highly suspect signage aside, it it obvious this is nothing but a scam to bilk people out of as much money as possible. If the owner of the lot really doesn’t want people parking there, more prominent signs or a chain across the entrance would solve the problem. Since none of that is done, the only logical conclusion is the owner WANTS people to park there and get towed.
It’s disgraceful.
Pingback: Scam Alert: Tempe-Mill, LLC and Monster Impound & Recovery. Park your car at 7th St & Mill, get a $140 towing fee — The Phoenix Real Estate Guy
Let me guess…the lot was across from where Borders used to be on the dirt/gravel where Long Wong’s used to be.
The city needs to really clean up it’s act or there will be more “used to be’s.”
GRT2
What’s especially goofy about this is that, hours earlier, some Tempe politicians compelled a captive Ignite audience to listen to their sales pitch about the greatness of Tempe.
Yes, there are many good things about the city, but it’s experiences like this one that make a far more lasting impression than cheap marketeeering.
Maybe the next Ignite needs to be, if not actually in Phoenix, then Scottsdale or Glendale. But not Tempe.
Pingback: Ignite Phoenix 4 – Recap and notes | Ignite Phoenix
Greg – spot is the same as you guessed it.
James – agreed which is what is driving me to make a point of banging the drum on this. I have reached out to said officials and am awaiting a response.
I’m familiar with the lot in question and my first question is “what about the no parking sign with the giant orange and yellow barricade at it’s base”? I thought we as a country were at least attempting to traverse boldly into the new era of self-accountability. The city placed a DOUBLE-SIDED no parking sign in the lot, maybe you didn’t see it IN THE CENTER OF THE LOT.
My second question is, what do you mean you “assumed things would be cool”? Is that your sense of entitlement speaking? You mean, “cool” as in “if the towing company comes to the lot and catches me red-handed they will be “cool” and leave my illegally parked car in the shadow of 5 NO PARKING SIGNS”. YES FIVE SIGNS WERE POSTED THAT NIGHT. STOP MISINFORMING THE PUBLIC. Towing companies get paid to tow illegally parked cars.
Why not try this on for size, “I made a mistake, no one is responsible for my mistakes but me, I’ve learned my lesson. I will not park in POSTED NO PARKING ZONES. I will cease bashing the City of Tempe and legally operating towing companies because of my own negligence, sense of entitlement or capricious expectations of WORKING PEOPLE to be “cool” when it suits me. Are you “cool” when it is time for you to be paid for your services? Oh yeah, you’re a real estate speculator. Fraud and toxic assests anyone? I rest my case.
Thank you Mr/Ms What about the Sign? for first of all visiting my site and taking the time to post here.
I appreciate your stance on this issue and agree that self-accountability is important. In this case we disagree on a few things.
In response to your point about the ‘”the no parking sign with the giant orange and yellow barricade at it’s base”‘. This type of sign has nothing to do with a private parking lot. This type of sign is for indicating that a section of public street is not available for parking. According to Tempe law as cited in my original post a private lot owner must follow a number of guidelines to notify the public that if they park in the lot then they will be towed and how much the fine will be and where they can get their car back from. This sign follows none of these rules/laws.
My assumption of cool is just a general method of seeing numerous cars, a few of which I know of, and taxis parked in the lot and the lack of signs telling me that if I park there I will be towed (see above paragraph and my entire post) that I should be good to park there.
The reason I see this as a scam is listed out in my post above. This lot is not setup according to Tempe law regarding towing. If the property owner is purely interested in not having anyone park in the lot then why not follow the law and post the appropriate signs so that people can clearly see that parking in that lot will result in being towed. Since they are not doing this and allowing taxi cabs and unlisted towing company vehicles to park in the lot I can only assume that they want people to park there and get towed and pay $135 to get their car back. As I mentioned above this must be quite lucrative.
As far as who I am and what I do you have missed the mark completely. ‘Real Estate Spectator’? Where did you come up with that?
Oh and Mr/Ms Richeousness/Self Accountability, thanks again for taking the time to post your opinion but not your name. Ironic much?
ARS 9-499.05 states, in part, that:
B. The owner or agent of the owner of the private property shall be
DEEMED TO HAVE GIVEN CONSENT TO UNRESTRICTED PARKING by the general public in any parking area of the private property UNLESS such parking area is posted with signs as prescribed by this subsection which are CLEARLY VISIBLE and READABLE from ANY POINT within the parking area and at each entrance.
The Arizona Court of Appeals has stated that if the signage requirements are not met, there can be NO RECOVERY for the towing company: “before a legally binding contract is created, the towing company obviously would have to establish that the signs complied with all elements of § 9-499.05(B), including the requirement that the signs be ‘clearly visible and readable from any point within the parking area and at each entrance.’ ” Adage Towing & Recovery, Inc. v. City of Tucson, 187 Ariz. 396, 399 n.5, 930 P.2d 473, 476 (App. 1996).
In other words, it’s the TOWING COMPANY’S burden to prove that the signs were clearly visible and readable from ALL POINTS in the parking area and at each entrance. Do you think Monster Heavy Towing & Recovery, LLC can do that?
The Arizona Court of Appeals has also said that IF THE SIGNAGE REQUIREMENTS ARE MET, then the tow company’s recovery (if any) is against the PARKING VIOLATOR, as opposed to the vehicle owner. “A sign that complies with A.R.S. 9-499.05 creates a legally binding contract between the towing company and the PARKING VIOLATOR which would permit a towing company to seek relief for its contractual damages.” Adage Towing & Recovery, Inc. v. City of Tucson, 187 Ariz. 396, 398, 930 P.2d 473, 475 (App. 1996).
Regardless of who the alleged parking violator is, the tow company MUST release the car to the owner. The Arizona Supreme Court has held that a towing company that tows a car that was parked on private property without the property owner’s permission committs THEFT when the tow company refuses to release the car to the owner.
“According to the undisputed facts, the petitioner [a towing company], without lawful authority, knowingly controlled the property of another with the intent to restore it only upon payment of compensation. We believe the elements of the crime as specified under A.R.S. § 13-1801(2) and § 13-1802(A) have been satisfied, and that the petitioner may be charged with theft.” Capson v. Superior Court of State of Ariz., In and For Maricopa County, 139 Ariz. 113, 116, 677 P.2d 276, 279 (1984).
Hi
I'm a 54 yr old businessman from Dallas. Someone told us to go downtown and eat at a great burger place. We went into the lot by Jack in the Box, went to the burger place and came back. We weren't gone 30 min and my car was gone. When I parked there were no signs that I could see. I called the police suspecting that my car was stolen and discovered it was taken by Monster Towing. I looked the lot over and where the large lights were knocked out there was a sign, “Invisible”. Now my rental is at the impound up in Phoenix and I have a flight at 6:00 AM. They won’t let me get it till 11:00 PM and I must pay $150. (I have no idea if they damaged the car and that will mean I have to fork out cash to AVIS.) Hopefully all of my electronics are there.
30 min, this is predatory.
What do I write, where should I write it and how much hell can I raise? News station? Any suggestions email me at tschlaack@gmail.com
Thanks
bummer deal man. it looks like they have updated the signs at the lot but the predatory nature of the tow companies in tempe cannot be denied. unfortuantely no one who lives in tempe spends much time in the shops there so a vote on this probably wont come up for a while.
I will probably be at a civil case trial/ mediation against Le Parc HOA and their attorneys on Friday, May 28th. The case against Monster Towing and Le Parc originated back in July '09 as a a small claims matter when I registered my complaint at the Arrowhead court in Surprise, Az and then summoned Monster Towing and Le Parc through certified mail. I was unable to receive an answer to the summons from the owners of Monster, yet their appearance will be required to bring out the important issues at the hearing.
I only recently discovered that the defendants' attorneys were allowed to, and did, escalate the status of the case from small claims up to a civil case where the potential for settlement damages are now raised from $2500 to $9999. Le Parc's attorneys, no doubt, will try to prove malice or neglect on my part, and then try to reward themselves from my empty pockets. Times are tough, you know.
It is certain that Le Parc HOA had, and yet may have, a contract with Monster Towing.
Based on having my car parked for a mere 15 to 20 minutes in an unmarked zone, while giving an estimate in a customer's home, and then having my car disappear… without a sound… 20 feet from the living room where we were conversing- and then having to borrow cash in order to come up with $305 to pay the towing yard that night to get my car, my cell phone, records and a cash deposit held in my vehicle.
Oh yes, and there was also a car that had pulled up on the other side of the street just after I had parked, and lingered there for about a minute before it left- before I got out to go into the customer's home…(I explained the details to a few of our friends back east and they expressed an interest in finding out where the smell of it all might lead).
In the mean time, although time may be short before the outcome of the hearing on the 28th, if there is anyone out there that would like to share about this matter, you can contact me if you'd like.
Monsters must come to the light of conscience or else be separated from it…perhaps for a very long time.
I have phoned and emailed Channel 3 News and the Tempe Legislator (Eddie) who wrote a bill (it was Vetoed by Jan Brewer) against unfair towing fees. Neither have called or emailed back. I feel that there is MUCH more to this story. By the way, the guys from Monster Towing wait just behind a wall at the back of T-Mobile & Jack-In-The-Box for people to leave. Cars are literally towed within seconds.
I have some information as well. My car wasn't even towed and Monster has begun threatening to make a negative credit report if I don't give them money. Please email me.
The mediation yielded no settlement. The trial date will be set soon- to happen in about 6 weeks. Statements/ advisement are welcome.
Money for what? How did they contact you, and why?
Oops, I meant to reply to Jen. How did they contact you and why and why did they say they wanted money?
I was towed from the same lot last night. I went to the Monster towing lot and told them that as I understood Arizona law they were required to give me my car back and I was not required to pay the fee. The guy working there said they would garnish my wages if I didn't pay. I told him there were a long series of steps that must occur before my wages are garnished. He said he was not an expert at the law and gave me my car back.
Does anyone know what I should be expecting? Will they take me to small claims court?
i would suggest asking a lawyer about anything like that.
good work on getting them to give you your car back though.
Hi “Ben”, It was nice talking with you today. Take a photo of where you were parked to show how the parking space was unmarked. Visuals are always good evidence! “Jen”
what happened to you guys in your fight? Just curious.
Monster Towing towed my car from the lot on mill within minutes as I was only visiting the bank. It was my first day of school and I was obviously very upset when I found myself stranded. I called their office, I’m a girl and, okay i was crying, the woman dispatcher told me, and i quote, “You calm the F**K down!! You calm te F**K down,” and subsequently hung up on me.
I called back about 5 times only to be directed to their voicemail. I left a message with my information. They never called back.
My boyfriend then called (from a different number) and the woman said she refused to talk to me or release my car to me. She went so far as to say she would not even open the little glass window for me. This dispatcher said I would have to send someone else to retrieve my car (which is illegal)
Needless to say this company is completely unprofessional, extremely rude and shady.
P.S.
Accordng to Arizona’s new laws, a towing company has to call the police department prior to towing a car, it used to only have to be within 30 minutes.
Monster failed to do so. They became extremely defensive when I brought up this fact (I called Tempe Police Department and verified they had failed to act in accordance and only notified police after the car was long gone.)
They warned me not to argue otherwise I wouldn’t get my car back, and quote, “Stop acting like you know what you’re talking about, because guess what? We have your car.”
Monster Towing is a class act.
After picking up my car, they admitted to not calling prior, but said that they were not obligated to do so. Apparently Monster Towing is above the law.
This place is 100% crooked.
This sign is NOT big enough: See the photos here:
http://www.flickr.com/photos/phoenixreguy/sets/72157619895363682/
Roger, thanks for posting the info for everyone. I used to tow a long long time ago somewhere far far away in Arizona. I’m going to share a little bit of human behavior with all of you. There are a lot of cases where the business owner gets a “kick back” for all the vehicles towed. The towing company will continue to get away with not conforming to the law. Too many people just pay either because they don’t know the law or because their just “passing through” and need to get the vehicle back asap. Of course, there are 1001 other reasons. Furthermore, I have towed from lots that were in full compliance with so many signs that there were only 2 directions in which you could not see a sign. Straight up and straight down. And still the drivers would say, “I didn’t see the sign!” Or maybe, “I was only parked there 5 minutes!” People will say anything to avoid consequences, especially monetary ones. At least I never used a “bait” car, but I know it is not uncommon to do so. Roger, I believe your first intuition was that you knew you should not have parked there, but like so many other people, you took a chance. I also agree with you that the sign is totally non-compliant. Pictures are the best weapon to beat it in court. The towing employees all know about the law. They purposely play dumb to get that money out of your pocket. They can and do take it to civil court. But, this is a good thing! You get to tell your side of the event and show pics and tell the judge which laws they have violated. No pics, No breaking of the law, NO CHANCE! Tell everyone you know how to beat it! X-Tow Driver :)
thanks for the info!
I am from California and my daughter attends U of A in Tucson and lives in the Campus Crossings Apartments. We visited her a few weeks ago and she got us a parking permit so we could park in her complex. We placed the parking permit as instructed on the dashboard inside window. We left at 4:30pm. The car was towed at 4:52pm ( according to the receipt we obtained) by B & C Towing, a company which apparently has a contract with the apt complex to tow illegally parked cars. After finding out that it had been towed. The towing company told us we wouldn’t be able to claim that day unless we showed up ” within 15 mins with $255 in cash” . We took a taxi, had him stop at ATM we paid them the extortion money. It was now 11:30pm. We had an early morning flight from Phoenix and another flight out of the country the following day and did not have time to do anything. We felt like we had been mugged that night and this sleazy operation had a license to do it. I won’t bore you with every detail, but we are back and we intend to get our money back. The towing co. responded to our Better Business Bureau complaint by putting in writing that ” Yes, the permit was in the vehicle at the time of the tow, the permit itself was in clear view HOWEVER the date on the permit was NOT visible thus making the vehicle subject to tow.” We thought the Management of the apt complex would quickly realize that what had happened to us was wrong. Instead based on a photo the tow truck drive showed them they concluded we had not placed it exactly as instructed. They backed up the tow company because they were unwilling to admit to their own culpablity. We are done trying to resolve this with people who lack any sound judgement. In researching this issue we found there is actually a name for what happened to us, it is called ” predatory towing operation” These companies specialize in victimizing people in areas with a high concentration of students immigrants-they are least likely to protest being victimized. We have laws here in California to protect citizens from these practices.
Today we sent a detailed letter to the CEO of Campus Crossings asking him to resolve this promptly. In addition to complaining to the BBB we are going to file a complaint with the Arizona Attorney General, Office of Consumer Fraud, against B & C Towing. What a bunch of lowlifes. I could not believe how we were treated that evening. We fully intend to get our money back and if that means going to court we will do it.
Best of luck!
I cut into their pockets (Monster towing) to the tune of about $3,000 tonight, Saturday night.
I spent 8 hours there all night warning people to get out fast or pay a towing fee of $155.
I turned away 20 people who parked on the lot at Mill and 7th street, got out and started walking. I told them the story about how they got my wife and I for $100, and that was only because we caught the guy just pulling away and he said $100 cash or tough luck.
The guy that was parked next to us was there on the phone when I got back to the lot to warn people and he said the towing company wanted $155 for his car.
I’m going back to cut into their revenue even more. I figure we can hit them to the tune of about $24,000 each month, and that’s only if we hit them on the busy days during the weekend.
Does anyone want to join me and split up the shifts warning people?
You can email me at majicaldave@yahoo.com.
You get em Dave! I will be there in spirit.
Posting about Monster’s scam on blogs is good. Going to the media about Monster’s scam is good. Going to Tempe PD and asking them to do their job and press charges because David Sweetman is guilty of a Class 2 misdemeanor (according to ARS 9-499.05) is futile, but good. But what Monster’s victims really need to do is sue him in small claims court.
I did. My hearing was yesterday, and I won. Here’s the thing…counting my case, Sweetman/Monster has been sued 13 times. Two cases are still pending, and he lost all the other 11, including mine. So, if you choose to sue him your chances are pretty good. You’re tough to beat when you’re right.
If something is wrong, you got to try to make it right. If you see a thief or a bully, you got to stand up to them. If you just lie down and let them steal from you, they’re just going to keep doing it to other people. Trust me, win or lose, whenever you stand up to a scumbag like Sweetman you’ll feel much better than if you just laid down for him. People are going to try to screw you over, that’s life. But, are you going to make it easy for them, or are you going to make them work for it? Make the Sweetmans of the world regret picking you as a potential mark.
If anyone doubts this lot is a total scam, look it up on the Arizona Corporation Commission’s site. As of last April, the ejoy internet cafe has a new owner. Any guesses as to who it is?…If you guessed David Sweetman, owner of Monster Towing, you would be correct. But ejoy is closed. So, yes, he bought that place just so he could have that lot to tow cars from it. Don’t believe me again? You know how those signs say “Permit Parking Only”? Try to obtain a permit and see what happens. Hell, try to find one of these permit holders. You can’t do it because they don’t exist.
Anyway, if you’re considering bringing suit against Monster/Sweetman, feel free to contact me. I did a lot of research, and would be more than happy to share all of my files with you. Perhaps they can help you obtain a small claims victory against him, just as I did. My email addy is bretlinden@gmail.com
Congratulations Bret!
My girlfriend got towed by them in the same manner – bait cars, fake signs offering “Free Parking” which they later remove, and someone on lookout. I’ve since seen the lookout guy and fake signs a few times before, and just saw another person get towed there last night (a family eating at Jack In the Box). I confronted the tow truck driver and he threatened to “kick my ass” so I called the cops and filed a police report. I doubt there is much the PD can do without proof, but I’ll try my best.
Jan. 27, 2011
i came upon the towers in action when i returned to my car, parked right by the ASU light rail station and America’s Taco Shop (8th St?). there were like 10 other cars parked there, and the signs are ambiguous. the guy was on the phone, and i was polite, figuring since i had arrived and was civil, we could work it out. “sorry, your car has been impounded. $75 credit card, if you have it. or we are taking the car to Phoenix.” i was shocked and suspicious at the same time.
i asked him for a business card, which shocked him of course, and began putting my things in the car. i told him i was going to call the police, to make sure this was legitimate. “i will call the police on you, too” he said, at which point i knew something was wrong. he tried to read the VIN number off my vehicle as i was pulling out, threatened me, dared me to park there again the next morning and called me some very nasty (i am a woman) names as i quickly put the car in reverse and pulled away. i was very shaken up by the whole thing. i just barely got out of there.
That sounds like a sucky time for sure. These guys are the low of the low. I suggest a strong drink and stop driving to Tempe.
legally if you towed by any company besides the police department, then you have the right to request to be billed instead of paying the tow bill.
I am so happy my husband & lawyer both found this thread. I am not happy to see that this has been going on since at least mid-2009, and that many, many people have been victims of it. How is this allowed to continue? How does Tempe allow a legal preditory towing practice to exist?
My husband and I were in Tempe on Friday March 11 for a couple of hours, en route to the Sky Harbor Airport (our story is somewhat similar to the Texas business traveller.) We parked our rental vehicle in the lot at the corner of Mill St. and 7th St. while we walked up and down Mill St for an hour prior to catching our flight. We checked the posted sign at the lot we chose and read it carefully (the sign has been updated since this thread started in June ’09). It stated “Permit Parking Allowed Only 7am-8pm Monday-Friday” We parked the vehicle at 8:30pm, at which time a permit was not required. We even checked the other nearby cars to ensure that they weren’t displaying a parking permit for that lot – they weren’t. The lot had about 15-20 spots, and about 5-7 were occupied. We believed based on the sign as it was written that we were parking legally.
One hour later we returned to find that our vehicle had been towed. We called the Monster towing company’s phone number on the sign, but could only get a voicemail. We called the Tempe police, who confirmed that the vehicle was towed. They told us they would send someone out to meet us at the lot, but we waited about 45 minutes before a couple of cops on bikes showed up. In the meantime, we went to the building next door to see if the people working there knew anything about our vehicle being towed (The Fixx coffe shop.) The young college student behind the desk informed me that the lot was owned by the owner of The Fixx, and that customers who bought something from them could put their vehicle make and model on the “no tow” list. They didn’t actually hand out permits for people to go back to their cars to display, although they did have a stack of permit behind the counter. She informed us that every hour a tow truck driver came by to check the list. If there were any cars parked in the lot on the list, he automatically towed them. She agreed with us that the sign was poorly written and vague, but there was nothing she could do about it since it was an agreement between the coffee shop owner and the towing company (which I now know is the same person!)
Because we were not able to get a hold of anyone at the phone number listed on the sign and the police took 45 minutes to respond on site to our call, all we could do was wait at the lot. Sure enough, the tow truck driver arrived again (hiding behind the Jack in the Box), ready for his hourly towing of vehicles from the lot. At the same time the police showed up on bikes. Unfortunately they did not give us a very satisfactory answer – they also admitted that the sign was vague and poorly written, but they still thought that the towing company was rightful in towing us and said there was nothing they could do about it. I felt they didn’t really take our issue seriously, likely becauase it was a college town (we are not college students, those days are long behind us.) They rode away as quickly as they arrived. We then spoke with the tow truck driver, and pleaded with him to help us get our vehicle back – it was a rental vehicle due back at the airport, all of our luggage was in the trunk, and our flight was about to leave in 2 hours. During our conversation with him, he even admitted to watching us walk away from the lot after parking our car before he began to tow us. Had we looked back or returned to the vehicle for a forgotten item, we would have seen him towing our vehicle. He agreed to get our vehicle out of the impound lot, but we were forced to pay the maximum charge of $155 in cash to retrieve our vehicle. We had no choice but to pay, and we were able to retrieve our vehicle, return it to the rental location, and catch our flight home just in time.
I obviously have a number of issues with this incident:
1) The way the sign is written, it states that a permit is required between 7am-8pm M-F, thereby implying that a permit is not required outside of 7am-8pm M-F. That is the entire reason why we parked there to begin with. How is parking at 8:30pm on a Friday grounds for towing?
2) Nowhere on the sign does it state that the lot is privately owned by the Fixx and is for customers only. Had we seen a sign that stated that, we never would have parked there. How can the owner of a lot with an aggressive towing policy not identify that they are the owners of the lot, and that the lot is only for their customers? I have never seen such a thing, every other private lot I’ve seen clearly identifies who owns it.
I too feel like I was robbed of $155. The whole experience was surreal. I’m not opposed to sueing them, but because I live out-of-state, it would be impractical for me to make court appearances, it’s simply not an option. My lawyer has put together a list for me of people and places to contact about this incident,to get the word out. If enough people do it, perhaps eventually it will be put to an end. When I get a chance, I will post the list (I’m sure most of you have already covered it), and I will also contact some of you individually to learn more about what you were able to do.
I’m still dumbfounded that this type of preditory towing is allowed to exist.
Thanks for posting, sorry you had to experience what you did. It really does paint a terrible picture on the city of tempe.
The first time I ever parked in this lot was on 3/29/2011. Here’s a video of how poorly marked the lot still is today. When I went back to videotape the impressive efficiency of their towing, the tow truck driver threatened me, called the cops for filming him, followed me to my car taunting me, trying to get me to lay a finger on him so he could beat me up. He then followed me in his truck, cut me off, slammed on the breaks and tried to cause an accident, even putting his truck in reverse and backing right up to me, putting it in park with his lights on…and nobody in front of him with a green light. After several minutes I was able to back up far enough to get around him, then he continued to follow me…after threatening me. Youc an see everything here…starting a few seconds after he slammed on his breaks and backed up to me…including the subsequent following: http://www.youtube.com/watch?v=_nSdznywcKU
Well this really upset me…so I went back the next day and thought I’d watch how they do it so quickly from the raised walkway to the north. The very first tow I watched, was an illegal tow. They never even got out of the truck. They backed up to it, and they took off with it. To my knowedge, it’s against the law to leave the property without securing their load. You can see that here: http://www.youtube.com/watch?v=TNf4bhB6Mlo&feature=related (He did get out while he phoned it in the police, just not to secure it)
Then I decided to go back and see what this parking pass thing is all about. So I parked in their lot on Friday afternoon, walked directly into The Fixx, requested a $5 all day parking pass, and an Iced Coffee. No sooner did I complete my order, the tow truck driver comes walking through the door to check the list…while I’m standing there waiting for my coffee and parking pass!!!
I didn’t hear the clerk cherping up to tell him my car was in the lot, and I knew he hadn’t written my vehicle description down anywhere. My jaw dropped, I gasped as I realized what was happening right before my eyes. I flipped out my phone and recorded him leaving The Fixx. As I waited for my coffee and parking pass…I watched him out the window…on the phone with the police. By the time I received my coffee and parking pass and walked outside…he was already hooking up to my truck to be towed. I recorded the audio of the entire event, and there’s some footage too. Even after walking in to the coffee shop and having the employees verify my story, while holding the parkign pass, the receipt, AND the coffee my hand…he STILL threatened to tow it…and started leaving with when he didn’t like me telling him “drop my shit and leave me alone”…!!! http://www.youtube.com/watch?v=CTqKHo0-zMc&feature=related
The owner of the parking lot and this tow company are scum!
I haven’t yet decided if I believe Robbie Pfeffer (manager/clerk that day) is an active/willing participant of this malicious cash cow, he may have simply been absent minded and negligent when he failed to let the tow truck driver know I was waiting for a pass.
And the owner of The Fixx (Sandra Arthur, who I beleive is renting the building from the lot owner) who arrived half way through seemed genuine, and almost beat down by the situation. She apologized, and she even refunded the $5 I paid for the pass. I suspect she feels as helpess and abused by the parking lot owner…as the people who park there lot feel (me and you).
However I don’t think she reveives kickbacks…I think she’s simply at their mercy as her landlord, who gets to make all the rules.
I stand corrected…Sandra Arthur is a business partner of David Sweetman…the owner of Monster Impound and Recovery. See here: http://starpas.azcc.gov/scripts/cgiip.exe/WService=wsbroker1/names-detail.p?name-id=L15984490&type=L.L.C.
Apperently they own the business known as The Fixx…and they’re renting the space from Mario Sanchez…who owns the north half of the entire block, all the way from Mill ave to Myrtle Ave, see here: http://www.tempe.gov/planning/agendas/DRC/SupportingDocuments/DRCr_M7_032508.pdf
So the tow company and the Fixx…are owned by the same people. What a racket!!!
According to this document, The Fixx property only includes the 7 parking spaces to the south, the parking lot across the alley to the west…is not theirs. That belongs to Mario Garcia, it is unrelated to the space The Fixx is renting. http://www.tempe.gov/planning/agendas/HO/SupportingDocuments/HOr_FixxCoffee_030111.pdf
Now this is where it gets interesting…
“Sec. 32-5. Authority to tow. (a) It shall be unlawful for a private towing carrier to tow or transport a motor vehicle from private property or immobilize a vehicle on private property without the permission of the owner or operator of the vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner of the property or the agent of the owner, who has complied with requirements of this section. The owner or the owner’s agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time not to exceed one year. The private towing carrier may not act as the agent of the owner.” http://www.tempe.gov/citycode/32towing.htm
Read that last part again…
“The private towing carrier may not act as the agent of the owner.”
If the owners of The Fixx (who owns Monster Towing)…are the ones authorizing tows from the lot to their west…and there is no contract between Monster and Mario Sanchez (who owns the lot)…then the tow company is acting as the owners representative to authorize tows from a lot other than The Fixx’s parking lot.
If that is the case…it’s illegal (to my understanding).
I’ll be looking further into this matter…
If anyone has additional information, please post it.
This guy, Brett Johnson, was doing great exposing Monster’s scam. Then, suddenly, he fell off the grid. His YouTube videos documenting Monster Towing’s scam were marked to “private”, he stopped answering emails, he stopped posting.
Did this guy just suddenly go soft?
Did Sweetman threaten this guy, or worse?
Did Sweetman pay this guy off to keep his mouth shut?
I think these are all good, fair questions. How about it Brett?
Correction to the above post…the parking lot owner’s name is Mario Sanchez, not Mario Garcia.
If you catch them towing your car before they get it out of the lot, they have to give it back to you without charge:
Sec. 32-8. Service calls.
For the purposes of this chapter and of any resolution adopted pursuant to § 32-2, the phrase “service call not resulting in the towing of a vehicle” shall mean any occurrence or set of circumstances wherein the vehicle subject to towing has not been removed from the property upon which such vehicle was unlawfully or improperly parked prior to demand for the release of such vehicle by the owner or operator thereof. If the driver or owner of the vehicle returns prior to the removal of the vehicle from the property, the private tow carrier shall release the vehicle and no fee shall be charged.
OK, so, my Monster towing story now has an ending.
You can read my past posts referencing my winning a lawsuit against Monster Towing. Winning the lawsuit was the easy part, because you’re tough to beat when you’re right. But, unfortunately, collecting on a judgment is the difficult part of the process.
After I won the lawsuit, I sent Sweetman a letter demanding my judgment. Just as I expected he would, he totally ignored the letter. So, I took the next step and scheduled a Judgment Debtor’s exam.
Sweetman showed up for the Judgment Debtor’s exam, presided by Judge Burton-Cahill. Sweetman spewed several lies, including that he didn’t know about the exam until two days prior, and that he thought he actually won the lawsuit against me. Her Honor Burton-Cahill rescheduled the exam for a couple of months later, giving him a date and time to be there. She made it very clear to everyone in the room that she would not tolerate Sweetman being absent or unprepared.
A couple of weeks ago was the rescheduled exam. Sweetman did not show. Her Honor was clearly not pleased at all. Based on how many times Sweetman has been sued, it is my guess that she knows who Sweetman is and what he’s all about. Without my having to ask, she told me that she was issuing a civil arrest warrant. It was explained to me that no one would be going to get Sweetman, but the next time he was pulled over for a traffic violation or something like that. I was told that if he was arrested during business hours, he would be taken directly to court. And, if he was arrested outside of business hours, he would be booked into jail, and then taken to court in the morning of the next business day. I thought that would be fine. A look at court records shows that Sweetman is pulled over quite often, so I figured it would just be a matter of time and I’d be patient.
Well, something even better than that happened…
About a week ago, I got a call from one of the Maricopa County Constables. He informed me that he would be going to arrest Sweetman…Laura Sweetman that is, his wife. Her name is also on the business. I didn’t ask, and I don’t know, but my guess is the Constable also knows all about David Sweetman, and this is the only way to get a reaction out of him. The Constable told me that he would be making the arrest later in the week, and then let me know what happened.
I spoke to the Constable yesterday. This is what he told me happened. He said that around 10am Friday morning, he gave a courtesy call to David Sweetman. The Constable informed Sweetman that he had until 3pm to ge the money to the court, or the Constable would be serving the arrest warrant on Laura Sweetman. Considering it would have been very late in the day on a Friday, odds are that Laura would have been spending the whole weekend in jail. The threat of his wife in jail for a weekend is apparently the only legal way to persuade David Sweetman to do the right thing. Sweetman went to the courthouse and paid them my money by the 3pm deadline.
So, this didn’t turn out exactly the way I wanted it. The initial judgment that was granted to me by the small claims hearing officer wasn’t fair, as it didn’t cover all my costs and was insufficiently punitive (Sweetman could make it back with three marks out of his bait lot on a Saturday night). Also, the night I was towed I had zero doubt in my mind that Sweetman would give me back my $120, I just had no idea it would take thirteen months.
But, you know what…I have no regrets. Here’s why…
-Yes, when figuring expenses I’m out some money. And, when you consider time is also money, I’m out even more. However, Sweetman no longer has any of that money. My money ended up in the hands of folks who earned it, not someone who stole it.
-It ended up costing Sweetman money to tow my car.
-Most of all…I did the right thing. I stood up to a bully and a crook. I hate the people who say “I would sue him but I don’t want the hassle blah blah blah…”. It’s because of those people that Sweetman prospers and his scam has no end in sight. If everyone did what I did, Sweetman would have to get an honest job, or starve. I can’t control other people’s behavior, but I can control my own. I did my part, and did everything I could legally do, to end Sweetman’s scam. I have zero doubt that I feel much better about what happened to me now than I would have felt if I did nothing and let Sweetman steal my money from me.
Speaking about Sweetman’s scam, I recently heard something that may explain why the Tempe Police Department refuses to do anything to stop it. I heard that Monster has the contract to tow impounded cars for Tempe PD. Can anyone confirm if that’s true or not?
I can be contacted at bretlinden at the gee mail…
For some reason, this particular blog has become where people go to discuss David Sweetman and his Monster Towing scam. That being the case, I’ll post some interesting stats I just researched…
David Sweetman and/or Monster Towing has been sued a total of 19 times.
1 case is pending
3 cases the result is unclear from looking at the notes
15 cases he has lost
0 cases he has won or got dismissed
additionally, he and/or his wife has been served with two restraining orders.
So, point being…David Sweetman is a bad person.
So I have just returned from the impound lot of Monster Towing after having the Sam horrible experience as all of you. I went into the lot around 8:45 pm where it was practically full to eat at La Bocca. Similar to the experiences above, the sign referenced permit parking during the week but no clear instruction on the restrictions for that lot. Considering Tempe on the weekend doesn’t even charge for parking…. It is obscene that this lot doesn’t post clear signage around the parking restrictions, anything around the requirement of being a customer of the Fixx, etc is crazy. This is the biggest scam and I am infuriated. For those that went to court, I would love to know what was presented . I did speak to the cashier at The Fixx and he even indicated that multiple cars get towed each night. It is clearly deceptive and a racket. How do we stop this?! I can tell you I will not be patronizing Mill from this point forward. I have lived in this state for 25 years and have never seen or heard of this type of issue….. Sooooo frustrated. I am very willing to fight… Just would love the specifics around those that fought and won…. Obviously those stats above show pretty much any person who has taken it to court has won…. I want in!!!! 2.5 years and is continues to happen…. INSANE.
Bummer deal Keith. Good luck to ya!