Illinois Towing Fee Regulations

june *, * a motorcycle was impounded due to an accident. this motorcycle is not re****istered with the secretary of state as of au**** *, *. the lien holder has just recently provided a bill of sale on au**** *. referencin**** the exact State of Illinois law was is the maximum amount a towin**** company can char****e in towin**** and stora****e fees.

what law is this?

it was impounded on june *, * and it is still currently in impound

cook county, illinoi

under *,* pounds

does the fact that this vehicle currently to date is not re****istered with the secretary of state

yes no lien letters have been sent

lien holder just recently provided bill of sale and states they are not to be char****ed any more than $*

Au****ust *, * Via FedEx Overni****ht and Fax Wes' Service, Inc., d/b/a Wes's Cal City Tow * Wilson Ave., Calumet City IL * Phone:*-*-* info,@wessservice.com Re: Demand for Motorcycle; Invoice for Tow and Stora****e Services in Excess of Le****al Limits Make and Model: * Indian Chief VIN No.: 56KDMBAG4P3009607 Dear Sir or Madam: Pursuant to relevant statutory provisions as listed below, Ever****reen Bank Group ("Ever****reen") reiterates its objection to payment of any char****e or fee which is excessive or ille****al. First and foremost, your employees have, on multiple occasions, refused to provide a written invoice in violation of state law. * ILCS */l 8d-l *(b)(*) and * ILCS */18d-*(a). Althou****h continuin**** to refuse issuance of a written invoice, Wes's Service finally provided Ever****reen with an oral demand consistin**** ofa $*,*.* tow fee, $*,*.* in stora****e costs, $*.* winch fee and a $*.* admin fee for a total of $*,*.*. Althou****h the above fees are e****re****ious enou****h to violate Illinois Consumer Protection statutes on their face, Ever****reen notes that it called the Calumet City Police Department and, curiously, the department was unable to produce a fee schedule for Wes' Towin**** which is a violation of * ILCS */*-*(*) which provides "[a]ny towin**** service that tows or removes vehicles and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towin**** and stora****e prior to redemption of the vehicle must file and keep on record with the local law enforcement a****ency a complete copy of the current rates to be char****ed for such services, and post at the stora****e site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this Section. The towin**** and stora****e char****es, however, shall not exceed the maximum allowed by the Illinois Commerce Commission under Section 18a-*." As you know * ILCS */18d-* requires specific disclosure of "[t]he cost of all relocation, stora****e, and any other fees, without limitation, that the commercial vehicle safety relocator will char****e for its services." As the owner of this unit was incapacitated at the time of the tow, a copy of the disclosure should have been provided to local law enforcement. * ILCS */18d-*(d). We contacted the Calumet Police Department and it is extremely disconcertin**** the they did not have record of the initial disclosures required by the aforementioned statute. Furthermore, pertainin**** to stora****e, "[a]ny person, firm, or private corporation seekin**** to impose fees in connection with the furnishin**** of stora****e for a vehicle in the person's, firm's, or corporation's possession must provide written notice, by certified mail, return receipt requested, to the lienholder of record prior to the assessment and accrual of such fees, re****ardless of whether it enforces a lien under this Act. The notice shall be effective upon mailin**** and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within * business days of the lienholder's request." * fLCS */*.*. Wes's Service, Inc. ("Wes's Service") has violated state law in failin**** to provide proper and timely notice to Ever****reen as required by * ILCS */*.*. Ever****reen was recently informed that Wes's Service demanded payment * West 22nd Street • Suite lOOW " Oak Brook • Illinois * • www.ever****reenbank****roup.com• *-*-*-BANK Member FDIC -(=)- LENDER by Au****ust *, * or it would auction the vehicle. Additionally, * ILCS */*.* provides "a person, firm, or private corporation seekin**** to impose stora****e fees for a vehicle in its possession may not foreclose or otherwise enforce its lien under this Act unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section." A****ain, Wes's has failed to provide adequate notice in violation of770 ILCS */* and * ILCS */*. Pursuant to the above-mentioned violations, Illinois law provides the lienholder with private cause of action for claims pertainin**** to improper towin**** and stora****e. * ILCS */l.*(d). While Ever****reen's in-house liti****ation department can and will proceed with a lawsuit, if necessary, it is always my ****oal to reach a more efficient and amicable resolution. As such, Ever****reen hereby demands that Wes' cease any lien foreclosure and/or plans to dispose of the collateral. Also, Ever****reen demands release of the unit within * business hours of receivin**** this correspondence. Althou****h, as outlined at len****th above, Wes' conduct violated so many state laws that no fee for towin**** or stora****e is le****itimate, Ever****reen realizes that there is a cost to doin**** business. As such. Ever****reen is willin**** to offer a pre--suit settlement of $*. It is worth notin**** that * ILCS */18a-*(*) provides that "[t]he rates shall not exceed the mean avera****e of the * hi****hest rates for police tows within the territory to which this Chapter applies... " For efficiency's sake, we will ****ive Wes' the benefit ofusin**** the most inflated territorial nei****hbor, the City of Chica****o, which allows for $*.* in towin**** and stora****e of $*.* per day. *-*-* M.C.C. There is no provision for winch or admin fees. Additionally, as noted above, it is a violation of state law to char****e for stora****e of a unit without proper notification of the lienholder. * ILCS */*.*. That bein**** said, Ever****reen will a****ain, for settlement purposes, ****ives Wes' the cash benefit of storin**** the unit since the date on which Ever****reen had actual knowled****e of the units location, Au****ust *, * (7 days). Therefore, towin**** and stora****e for this unit is $*.* pursuant to *-*-* M.C.C. and * ILCS */*.*. Please note, if the unit is not released within the prescribed time, Ever****reen will have no choice but to take immediate and decisive le****al action startin**** with reportin**** the issue to Illinois Commerce Commission and filin**** a civil action at which time Ever****reen will reiterate your previous statements pertainin**** to your violations as provided above. As noted above, we have already been in contact with the Calumet City Police Department. We have also reached out to the mayor of Calumet City who that requested a full written brief of this transaction. Barrin**** settlement, we intend to provide said brief. Please feel free to contact me if you would like to discuss this matter further. Very truly yours Christapher L. Bruce Vice President - Associate General Counsel Ever****reen Bank Group

not yet

still in impound

june * *

none it is not re****istered with the secretary of state and only as on au**** *, * did the lien holder provide bill of sale

illinois

au**** * *

still in impound

impound

no