Gary or one of his agents towed my Porsche from an HOA community without my consent, which was…read moreauthorized by CAMS HOA -- a case will be filed soon against CAMS.
I did not witness the tow, however Gary stated "skates without wheels" were used to get the vehicle onto the flat bed, by using a sledge hammer to jam a plastic piece under each of the four tires. The vehicle was then dragged onto the flat bed - with the plastic pieces dragging underneath the wheels.
My interactions with Gary were mixed. Sometimes he was nice, and other times he got defensive. To illustrate, when I asked how the Porsche was loaded onto the bed, he lashed out, stating,
"What is it that you want to know!?"
There were also issues with the ability to pick up the vehicle at the lot. Gary the owner, completes most calls himself, and no other staff member stays at the tow lot all the time. Consequently, this results in the customer having to schedule a time to pickup the vehicle, versus just showing up. Gary stated he needs 45 minutes to an hour notice in advance before showing up, to make sure someone is there. However, the day after my car was towed, Gary had no availibility whatsoever, and I had to wait until the next day. Granted, Gary waived one day in storage fees, but this is actually required pursuant to NC law. See "14B N.C. Admin. Code 07A .0116 - ROTATION WRECKER SERVICE REGULATIONS (A)(2)", stating in pertinent part,
"An individual (registered owner, legal possessor, or operator) shall not be charged a storage fee for days that he or she could not retrieve his or her vehicle as a result of an action or omission on the part of the wrecker service, such as where the wrecker service was not open, did not answer the telephone, or a representative was not available to release the vehicle."
This same statute also states that enrolled "rotation wreckers," (which are tow companies that State HWY patrol call upon in rotation, when they need a vehicle towed),
"Shall allow vehicles to be retrieved between the hours of 8:00 a.m. and 5:00 p.m., seven days a week, excluding State holidays." See Statute Above.
This is another area where Gary B Stanley Towing falls short, since there is not always someone at the yard, as required by the statute, stated supra. Every time I tried to point this out to Gary, he got defensive, but never said I was wrong. Instead he insisted,
"I'm always accessible!"
To Gary's credit, out of the 5 or so times I called him, he did always pick up quickly. However, the statute requires something more. Namely,
"A wrecker service shall have a full-time business office within that rotation wrecker zone that is staffed* (Emphasis Added) and open 8:00 a.m. to 5:00 p.m., Monday through Friday." See Statute above. Here-- in Gary's business, his yard is not always staffed during business hours, which he himself conceded, when he stated I needed to call him at least 45 minutes to an hour in advance.
For the avoidance of doubt, I confirmed with NC Hwy Patrol that Gary's company is enrolled on the rotation wrecker list---which means Gary's company is subject to the statute's requirements, discussed supra. The lead Sergeant for Wilmington Hwy Patrol confirmed the same via telephone conference, and informed me that he would be giving Gary a call in the near future to discuss---although I decided not inform Gary about this.
Prior to picking up the vehicle, Gary demanded $300 be paid in CASH, which was a major inconvenience for me, since I don't have a debit card.
When picking up the vehicle, Gary did make himself available about 25 minutes after our scheduled appointment, although I imagine this was not a huge inconvenience, since his home and business tow yard are on the same lot of land. When I arrived, Gary and his friend / gateman were there talking, at which point I started discussing the points stated above.
His friend immediately became combative, and threatened to call the Sheriff---at which point, I encouraged him to call. Unsurprisingly, he did not call. I then brought up another point mentioned above and instead of trying to engage in a debate, his friend again threatened to call the Sheriff. Once again, I said, "Call him." Candidly, even if his friend attempted to debate me, it would have been meaningless, since it was clear he wasn't the sharpest tool in the shed. Additionally, his demeanor was so outrageous, I suspected he had been drinking.
At this point, the same low IQ friend / gatekeeper started making bad jokes, in an effort to get a rise out of me. Gary did step in to scold him sternly, since he wouldn't stop yapping aggressively at me.
In the end, Gary asked me, "Are you an attorney?"
After I responded, both of them became quiet, his friend dropped his head---seemingly appearing to be ashamed and embarrassed for his childish behavior---and avoided making further eye contact with me.
Shortly thereafter, the vehicle was released and I drove away.
