WRAL Investigates: Raleigh's predatory towing rules not being enforced

After a tidal wave of complaints from frustrated drivers, North Carolina lawmakers passed predatory towing rules more than a decade ago. Many cities followed with their own, stricter regulations.

Raleigh is among those cities. But following a complaint from a local driver when their car disappeared from a Raleigh parking lot, WRAL Investigates found the towing rules weren’t being enforced. We also found confusion over who was supposed to enforce the rules: the city or the Raleigh Police Department.

With parking hard to find while visiting a friend near NC State's campus, Parker Tatum opted to leave her SUV in the Food Lion parking lot off of Western Boulevard.

"I was so mad I was shaking, I was furious, I was on the verge of tears," Tatum told us after realizing their vehicle was missing.

"My first thought was because there are no towing signs around here, I thought it was stolen," Tatum told us.

Turns out, there are signs. That’s where this towing dispute gets complicated.

WRAL Investigates went to the lot to see for ourselves. The Raleigh city ordinance requires towing signs to be at least 24"x24" and prominently displayed. The towing signs from Dean’s Wrecker service in that lot are clearly too small. Whether they’re prominently displayed is up for debate. There are two small signs at two of three entrances. There are also a couple of signs sprinkled throughout the large parking lot on light poles, but they’re so high, it’s arguable they’re out of a driver’s line of sight.

"The signs need to be able to be read," Tatum says.

"I found there’s a minimum size requirement for towing signs," Tatum said after doing their own research on towing rules. The state regulations apply to 13 counties, including Wake and Cumberland, as well as a couple of cities, like Durham.

Aside from the size requirements, the towing signs must also list the name of the towing company and a phone number. Raleigh reinforced that state law, also requiring all non-consensual tows be reported to Raleigh police.

Following Tatum’s complaint, WRAL Investigates spoke with a sergeant on the non-emergency number. The officer told us the department’s only role in this case was to take the call from the towing company. Sign enforcement, the officer said, wasn’t the police department’s job.

So we asked the city why its own ordinance wasn’t being enforced. We still have no explanation, though the city said it was the police department’s responsibility.

With no answers and the responsibility bouncing back and forth between the city and police like a hot potato, we then went to the mayor, who has been outspoken on towing issues in the past.

When asked who’s in charge, Mayor Mary-Ann Baldwin said, "So Raleigh Police Department is taking the lead on this."

That was more than a month after we first started asking questions.

Baldwin acknowledged the city ordinance clearly states it’s unlawful to remove a vehicle from a private lot without proper signs. The ordinance also outlines fines ranging from $200 to $1,000 for repeated offenders. Those fines aren’t being issued.

The mayor says instead of fining, the focus is on compliance.

"Right now, we do have officers out telling people you do need to comply," she said. "We’re trying to be good partners. We’re trying to inform. We’re trying to get them to do this on their own as opposed to us coming in and saying we’re going to fine you."

That’s a second chance that drivers like Tatum don’t get.

A quick drive around town revealed other examples where signs are too small or there are signs with no towing company information. However, we did find several lots that were the subject of previous WRAL Investigates predatory towing stories where the signs are large and everywhere.

Mayor Baldwin told us that’s the way it should be.

"My message to business owners is work with us, follow the rules," Baldwin said. "In fact, go overboard. Make sure there are signs that alert people to this."

As for Tatum, she challenged Dean’s Wrecker Service about their signs. So did WRAL Investigates. The employee we spoke to on the phone refused to release Tatum’s vehicle at no cost, despite the out-of-code signs. The only solution from that employee was "Okay, we’ll change the signs."

Weeks later, nothing has changed.

"You have to be more observant about your surroundings," Tatum told us looking back at entire event. Being more observant, Tatum also found some irony in that Food Lion Parking lot.

"The first thing I noticed was the shopping cart sign, which is larger than the towing sign. The shopping cart sign is up to towing ordinance. God forbid you know we lose a shopping cart," Tatum said.

Now out $330 for towing and storage fees, the financially struggling Wake Tech student wants a refund and someone to enforce the rules.

"I wouldn’t have parked here had I seen any sort of signage that said anything about towing," Tatum said. "I’m not stupid."

WRAL Investigates has asked for a copy of the Raleigh Police Department’s towing log for non-consensual tows to see if there are other trouble spots. We are still waiting on that public records request.