Times Colonist E-edition

Victoria tow-truck driver accused of misleading practices loses licence

ROXANNE EGAN-ELLIOTT regan-elliott@timescolonist.com

Victoria council has revoked the business licence of a tow-truck driver who staff say operated with “misleading business practices.”

City staff recommended revoking the licence of John Mueller, as I-Tow Group, because, they say, he has “demonstrated a disregard for city bylaws.”

Mueller is accused of repeatedly overcharging people, failing to adequately identify his vehicle and failing to display fees charged for vehicles towed.

In April, he pleaded guilty to five charges and entered into a provincial court order with several conditions, such as properly marking his vehicles with his business name and phone number, and prominently displaying fees charged where towing occurs. City staff say he has not fully complied with that order and he has avoided attempts by bylaw staff to inspect his company.

Bylaw manager Shannon Perkins told councillors on Thursday staff recommended the licence be revoked after “having exhausted all other avenues to gain voluntary compliance.”

She said the public is not being given clear information about where their towed vehicle has been taken and how much they will be charged.

“All of these things are problematic. These are where we are getting complaints, and that is the reason, because the public is at risk, and the violations continued well past the court order,” Perkins said.

Hans Doehring, Mueller’s lawyer, tried to defer the matter to a later date for a second time, but was denied.

Doehring painted a picture of a successful small business owner of more than three decades, working in a business where people tend to complain.

“Nobody likes to get their vehicle towed,” Doehring said. “So, in that sense, complaints are exaggerated, and they’re angry, and they’re quite frustrating for the individuals admitted, but the complaints are from disgruntled people who had their car towed from where they were parking.”

Doehring said his client is concerned about “selective enforcement,” and argued towtruck competitors have similar issues with their signs.

“It’s not easy to run a business in this day and age, and Mr. Mueller is doing his darndest to get that happening, and he’s being constantly followed by police cars, had people calling him and making allegations, and he feels harassed,” Doehring said.

Doehring accused Perkins of not giving Mueller opportunity to respond to allegations of noncompliance with bylaws before suspending his licence in July.

Perkins countered with a list of attempts by bylaw services on three separate dates to notify Mueller of an inspection of his towing business to determine whether he was complying with conditions of his court order.

“There was ample opportunity for Mr. Mueller to engage in conversation with those inspectors, which he refused to do,” Perkins said. “We’ve been chasing around trying to find where his business was actually registered. It was supposed to be registered at a Wilson Street address. It took us three different addresses to locate where he was currently doing business.”

Councillors voted 7-1 to revoke the business licence, with Coun. Stephen Andrew the lone opposition and Mayor Lisa Helps absent.

Coun. Charlayne Thornton-Joe said she read reviews of several other towing companies and noticed dissatisfied customers, but comments about a lack of professionalism and rudeness from Mueller’s company were beyond what she read elsewhere.

Coun. Geoff Young said he sympathized with tow-truck drivers that the people they deal with are often angry about having been towed, but towing companies are often dealing with vulnerable people returning to a vehicle late at night only to find their transportation gone.

“They expect to be able to find out with great certainty where their car is, how they get it back, how they get to where they’re getting it back and how much it’s going to cost them to get it back,” he said.

In voting against, Andrew said it was premature to make a decision until the court ruled on pending charges against Mueller.

Helps said it was the first time the current council had considered revoking a business licence.

THE CAPITAL AND VANCOUVER ISLAND

en-ca

2021-10-08T07:00:00.0000000Z

2021-10-08T07:00:00.0000000Z

https://digitaltimescolonist.pressreader.com/article/281556589000682

Glacier Media