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Towed at Bird and Fighting back
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TroutSlayer
Flour Bluffian in training


Joined: 26 Aug 2008
Posts: 432

PostPosted: Mon May 25, 2009 8:26 am    Post subject: Towed at Bird and Fighting back Reply with quote

I have hung around this board for a couple years and have enjoyed the fishing tips and other info and wanted to relate a really bad experience. I saw the other thread but wanted to start my own so I can get info about others who have been screwed by the process. I live in Houston but have a place in PA and I am a lawyer and I have tried cases in Nueces and have Corpus legal help to get this changed.

Here is what happened. I had a friend from San Antonio doing the backing and I was in the boat. He said he did not see any no parking signs or tow signs. I will confirm one way or another. He said he was parking it where "others were parking" and from his description he parked along the shoulder of the road leading in to the area. Point is this is not like blocking a fire hydrant or hospital entrance. However, I probably would not fight this if it wasn't for what happened after we learned we were towed.

The wrecker service demanded $2,500.00 cash to release my Suburban and trailer. This is plain and simple abuse and I am shocked that anyone associated with Bird Island would allow any service in there that would do something like that. I need to be careful here but let it be known that I intend through a lawsuit backed by a well known Corpus firm to stop these practices and find out why anyone associated with Bird allows them to take financial advantage of a situation. I have my suspicions but for now I will give them the benefit of the doubt. None the less it looks bad for them to use these people.

They have you over a barrel and know it. Your boat is on the water and you have no way home. In my case I drove the boat to Marker 37 so I could get cell service and try to sort this out. After trying to pay a reasonable rate to Amey's wrecker A/K/A Sanford's wrecker (I am embarrassed to tell you what I had to pay) and getting nowhere I called the Corpus Police. Technically they do not have jurisdiction but were VERY helpful. I had two patrol cars and officers accompany me to Amey's and without them I am sure he was going to make me pay the full price. The officers were outraged at what was happening and are willing to help in the future. I have learned Amey's has the contract to tow for Nueces County and I am letting the right officials on that side know what they are doing.

It is my understanding there are technically no local regulations on what these guys can charge but we have some very good ideas about how to file something on the civil side. I also have some ideas about getting to the truth on why a Park, my tax dollars go to support, will allow this kind of piracy to take place on their grounds. I intend to skip the local level and have some contacts that have agreed to get involved.

I can understand why there are places you can and can't park and as long as that info is properly communicated then fine we are in the wrong and they are free to tow. BUT, to allow patrons, taxpayers and fee payers to be subject to the "rape" these disreputable tow companies attempt causes me to wonder what is in it for them. I missed time with my family and it ruined an otherwise great trip.

In any event I am going to follow through with this and I would like for anyone who has had a similar experience to PM me and I will give you private contact info so we can discuss options. This isn't right, it needs to stop, and those who benefit from it need to be exposed.
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landlocked beachbum
Full Grown Flour Bluffian


Joined: 09 Apr 2007
Posts: 5811
Location: Little Rock, Arkansas

PostPosted: Mon May 25, 2009 8:37 am    Post subject: Reply with quote

All, as you know, I don't live down there, but if I did I would try to get a grass roots movement going to protest the ever increasing abuse of those who own the freeking PINS: US, the damn taxpayers!!!!!!!!!!!!!!!!!!!!!! Your rights as taxpaying citizens are being slowly erroded and if you don't stand up and put a halt to it..................................................................
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Tyler
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Joined: 06 Mar 2006
Posts: 12865

PostPosted: Mon May 25, 2009 9:20 am    Post subject: Reply with quote

Parking tickets are one thing and towing is another especially at 2500. I can see that if they had to go to the 30 mile mark or if you were buried up to your axles in clay in the back road but that seems excessive.

If they have to tow why not just tow you to Malaquite parking lot?
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Skipper
Co-owner of the S.S. Buddy Love


Joined: 07 Mar 2006
Posts: 803
Location: Flour Bluff

PostPosted: Mon May 25, 2009 10:38 am    Post subject: Reply with quote

A friend of mine's son got an outrageous tow bill we he got stuck in the wade gut, $10,000 bucks. From you know who (Sanfords). If you would like to talk with him PM me and I will help you get in contact...Adios

Skipper
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wannafish
Flour Bluffian in training


Joined: 11 Mar 2006
Posts: 360
Location: CC

PostPosted: Mon May 25, 2009 10:40 am    Post subject: ATTA BOY! Reply with quote

This is great!
Our country has gotten so self absorbed with political correctness,apathy,and entitlements!
When I read your post I wanted to print it out and pass it out!!!!
Go get em,this is a worthy cause,and only apathy will let it continue (and spread)!

Thanks from all of "us".

God Bless America!
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JDS
Pony Mullet


Joined: 27 Jun 2007
Posts: 63
Location: New Braunfels

PostPosted: Mon May 25, 2009 10:43 am    Post subject: Reply with quote

$ 2500, what is that, about $80/mile?
I am glad you are fighting it. Good luck, and let us know how it comes out.
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rabbit
Full Grown Flour Bluffian


Joined: 06 Mar 2006
Posts: 3835
Location: FLOUR BLUFF

PostPosted: Mon May 25, 2009 2:02 pm    Post subject: Reply with quote

Go for it. And post the outcome. Very Happy
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larry meinert
Member White Shrimper Boot Club


Joined: 29 Jul 2006
Posts: 886
Location: Dallas Texas

PostPosted: Mon May 25, 2009 3:34 pm    Post subject: Reply with quote

The park service will act like they have no say in what happened. They will wash their hands. Solution is; the park service can get a rate per mile to tow when they hand out those towing contracts, they just can't be bothered. Here is the problem. The visitor is their last concern. One by one they are ruining every visit to the park 'till there are no more visitors. Some rates have been bad way down the Island. Let me tell you, THIS never happened 'till Escato got there. Makes you wonder what his cut is. There has always been a shortage of parking at Bird Island on holidays. It doesn't seem to bother them when a new gas well goes in. They park trucks everywhere back in the dunes. They dig big pits and bury poo poo back there. How do I know? I was a registered volunteer for a 2 year study for all amphibians except turtles in the park when they first started drilling. I saw it first hand when we went back there to check the traps we set for the study. Sounds like they screwed the wrong person this time. Use to, the Rail Road Commission controlled the rate per mile. I understand it has changed and it changes from county to county. Problem is there is a couple of different counties involved. Maybe you can get them to establish a fixed rate per mile. It is going to have to be a fixed rate per mile. As a lawyer you know you will probably never get your money back. As a park visitor, maybe you can get this injustice changed. There are many teed off people including my self that would be willing to contribute to the cause. You are not the only one that got towed off this weekend. It's happened to me before. It is a dangerous situation having your wife and small kids wait at the boat until help arrives and having to leave them while you try to retrieve your truck and trailer. I know the hell you went through. I've been there when my boat broke down one night and was late getting back to the ramp. When I went to protest at the trial for the ticket and fine, the ranger didn't bother to show up. There has to be a price gouging rule some where. I gotta go now.

Not sure I wish I was there now.
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cckayaker
Horse Mullet


Joined: 07 Mar 2006
Posts: 192

PostPosted: Mon May 25, 2009 3:43 pm    Post subject: Reply with quote

From a very reliable source that works at the park says, the tow companies are called on a rotation basis. What they charge is between the tow service and the person being towed. The call is placed to Kleberg County from park employee and then Kleberg County makes the call to the towing service.
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TroutSlayer
Flour Bluffian in training


Joined: 26 Aug 2008
Posts: 432

PostPosted: Mon May 25, 2009 4:37 pm    Post subject: Reply with quote

Thanks for the info and I will follow up. I have also been told by a reputable wrecker service they put a bid on the contract to tow at Bird and did not get it so I guess we will have to see where the truth sorts itself out. IMHO the way it should work is the premise owner or its representative should be able to pick who it uses (just like the other governmental agencies do). A bid should be put out and the most reasonable bid should win. I doubt $2,500 would come close to winning and something is very amiss when that kind of conduct is allowed to take place. There were 4 other vehicles and trailers at Sanford's so his place in the rotation seems to have come up often. We are going to get to the bottom of this and I can promise you $2,500 is going to be spit in the ocean for those involved.
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DBE1982
Flour Bluffian in training


Joined: 15 Apr 2006
Posts: 376

PostPosted: Mon May 25, 2009 4:39 pm    Post subject: Reply with quote

Skipper wrote:
A friend of mine's son got an outrageous tow bill we he got stuck in the wade gut, $10,000 bucks. From you know who (Sanfords). If you would like to talk with him PM me and I will help you get in contact...Adios

Skipper


I know who you are talking about. I know Sanfords in pretty well known for bending people over.
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snakecan2
Full Grown Flour Bluffian


Joined: 20 Mar 2006
Posts: 1504
Location: Boerne

PostPosted: Mon May 25, 2009 5:17 pm    Post subject: Reply with quote

if the towing service is out for bid for the county or municipality.. then there is a flat fee plus miles over certain distance. this should be public record..
contact state representatives because this probably happens in other state and federal parks.
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gonefishing
Flour Bluffian in training


Joined: 27 Dec 2007
Posts: 335
Location: Corpus Christi, TX

PostPosted: Mon May 25, 2009 5:43 pm    Post subject: Reply with quote

It's time to release a barrage of FOIA requests for any and all correspondence between each wrecker service and park services. We can make this nasty.

Last edited by gonefishing on Mon May 25, 2009 5:48 pm; edited 1 time in total
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Rudy
Member White Shrimper Boot Club


Joined: 07 Mar 2006
Posts: 596
Location: San Antonio

PostPosted: Mon May 25, 2009 5:44 pm    Post subject: Reply with quote

Once again shameless mismanagement by Joe Escoto. He has known about this and done nothing.

From Sept. 2008

Quote:
In an Aug. 17 answer to U.S. Rep.
Lamar Smith, R-San Antonio, who
inquired about tow fees on the Jacks’
behalf, the Park Service said, “vehicle
assist policies are left to the discretion of
the (park’s) Superintendent.” If rangers
are unable to free a vehicle with hand
tools, the letter added, they offer to call a
commercial wrecker.
“If the visitor chooses to seek the
assistance of a commercial wrecker
service, the request is then placed with
Kleberg County Sheriff’s Office Dispatch
Center. The dispatcher on duty will then
refer to a Wrecker Rotation List for the
next available wrecker service or will ask
if the party has a preferred service,” the
letter said.


Quote:
The Park Service is working on
getting equipment to pull its own vehicles
out, Escoto said.
“I’m amazed the National Park
Service isn’t more proactive to negotiate
a fair rate schedule with the local
commercial wrecker services for their
own vehicles and for their visitors,”
Jack’s wife, Ann Jack, wrote in a letter to
area congressmen.
Escoto said the park is looking to
secure a contract with a single wrecking
company, but he couldn’t say how far off
a final agreement was.
That leaves the Park Service and
visitors paying whatever the market will
bear, and the market is especially
unforgiving when vehicles are in the
clutches of the rising tide. Most often,
wreckers free vehicles by pulling them a
few yards, not by towing them miles,



Its up to the county to regulate tow fees.

Quote:
Susan Stanford of the Texas
Department of Licensing and
Regulation said her office licenses
wreckers, but it’s up to
counties or cities to regulate
prices — if they choose.
Towing fees aren’t regulated
in Kenedy County, which includes
Big Shell Beach, the
popular fishing spot where
Jack and his daughter were
stuck, said Gale Cordell, assistant
to County Judge J.A.
Garcia Jr. Most wreckers
called to Padre Island National
Seashore are based in Corpus
Christi, where towing fees
are regulated — but those regulations
don’t apply outside
the city, which is about 20
miles from the nearest part of
the national seashore.



http://sanbornstudios.com/documents/en_beach_tow_090508.pdfSame thing here
http://sanbornstudios.com/documents/layout_pdf/en_layout_beach_tow_ii_090508.pdf
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Rudy
Member White Shrimper Boot Club


Joined: 07 Mar 2006
Posts: 596
Location: San Antonio

PostPosted: Mon May 25, 2009 5:55 pm    Post subject: Reply with quote

TroutSlayer,

You may also want to check these regulations, because technically by towing and charging you thay are "conducting business" in a commercial vehicle and should have a permit.

Quote:
Title 36: Parks, Forests, and Public Property
PART 5—COMMERCIAL AND PRIVATE OPERATIONS
§ 5.3 Business operations.
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.


Quote:
Title 36: Parks, Forests, and Public Property
PART 5—COMMERCIAL AND PRIVATE OPERATIONS


Browse Previous | Browse Next


§ 5.6 Commercial vehicles.
(a) The term “Commercial vehicle” as used in this section shall include, but not be limited to trucks, station wagons, pickups, passenger cars or other vehicles when used in transporting movable property for a fee or profit, either as a direct charge to another person, or otherwise, or used as an incident to providing services to another person, or used in connection with any business.

(b) The use of government roads within park areas by commercial vehicles, when such use is in no way connected with the operation of the park area, is prohibited, except that in emergencies the Superintendent may grant permission to use park roads.

(c) The Superintendent shall issue permits for commercial vehicles used on park area roads when such use is necessary for access to private lands situated within or adjacent to the park area, to which access is otherwise not available.
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