Friday, May 27, 2011

Car thieves drive tow trucks at Deals Gap




RIP Cruiser Rider

butlers wrecker services

i got in a wreck on saturday and i had to get lifted out. i was trying to find out if anybody has any information on butlers wrecker services because they were trying to charge me almost $700 to pull the bike out.

i'm thinking that it's because i had out of state plates on it. if there's somebody i can talk to because it's just too expensive. any information is greatly appreciated.

Welcome to the exciting world of police-run cartheft rackets.

Tennessee Highway Patrol Wrecker Services Manual puts limits of "non-consentual" towing fees for car crash victims. Key word is NON.

Towtruckers illegally use a bait-and-switch fraud scheme to convert non-censentual to consentual towing charges. "Consentual" towing allegedly has no upper limit on fees, IF A PERSON KNOWINGLY CONSENTS, but such inflated charges never apply when THP calls the wrecker driver on a Rotational List.

49 US Code § 14501(c)(2)(C). Federal authority over intrastate transportation, allows local government to set max fees for NON-consentual towing. Formerly titled the Federal Aviation Administration Authorization Act (FAAA Act). Lying scumbag lawyers employed by govt and towtruckers falsely allege this law "pre-empts" local laws setting limits on non-consentual towing rendering void. THIS IS A LIE. Read the law for yourself.

Any fee over $500 is a felony theft under TN Code, and can be prosecuted through a county grand jury, a county judicial commissioner, a county criminal court judge, or by citizens arrest. Example of Affidavit of Probable Cause for Criminal Complaint for cartheft by towtruck.

Any person can file criminal charges against any other person, or make a citizens arrest.

1. Go to a state grand jury without a prosecutor and file an Affidavit of Probable Cause for Criminal Complaint, and the grand jury can issue a presentment (not an indictment).

2. Go to a state judicial commissioner or court clerk (no requirement to be a lawyer) and file an Affidavit of Probable Cause for Criminal Complaint seeking an arrest warrant.

3. Go to a judge in any state court with jurisdiction to handle criminal cases and file an Affidavit of Probable Cause for Criminal Complaint seeking an arrest warrant. If a judge refuses to issue an arrest warrant he can file an appeal, all the way to the US Supreme Court if required.

4. Make a citizens arrest under state law, then take the prisoner directly to a judicial commissioner, court clerk or state judge and file an Affidavit of Probable Cause for Criminal Complaint seeking an arrest warrant.

5. Go to a U.S. prosecutor and file an Affidavit of Probable Cause for Criminal Complaint. Fed prosecutors allege they can block citizens from appearing alone before a fed grand jury.

6. Appear before any fed judge and file an Affidavit of Probable Cause for Criminal Complaint seeking an arrest warrant. If a judge refuses to issue an arrest warrant he can file an appeal, all the way to the US Supreme Court if required.

A victim can also sue a civil action in state or federal court. Often it is mandatory to file an administrative claim, before getting a "right to sue letter" denying the claim. This is basically an insurance claim, since govt don't buy no stunkin insurance and "self insures".

An administrative claim for damages is filed with the State of Tennessee Claims Commission, against TN Highway Patrol and its wrecker contractor.

Tennessee Claims Commission

Tennessee Department of Treasury

The Claims Commission adjudicates claims involving tax recovery, state employee workers' compensation, and alleged negligence by state officials or agencies (e.g., negligent care, custody, or control of persons, personal property, or animals; professional malpractice; negligent operation or maintenance of a motor vehicle; and dangerous conditions on state-maintained highways or state controlled real property). These claims are payable from the Risk Management Fund. Damages are limited to $300,000 per claimant and $1,000,000 per occurrence. The Claims Commission also adjudicates contract claims involving the State.

A full list of the areas over which the Claims Commission has jurisdiction can be found in T.C.A. 9-8-307.

In addition, the commission awards compensation to victims of crime through the Criminal Injuries Compensation Fund. The Treasury Department's Division of Claims Administration is responsible for paying all claims.

Example of a Claims Commission court order involving cartheft.

Cops routinely are paid illegal kickbacks from wrecker companies to violate towing laws, which can be prosecuted as felony bribery, extortion and solicitation.

butlers wrecker services

BUTLERS is a rip off... im thinking of getting me a winch and putting it on a truck and bringing it up there.... to use.. FOR A VERY REASONABLE PRICE. no matter what it takes to get to it.... i use to run a wrecker service, and EVERYONE of them take advantages of these situations... they are NO rules on what they can or have to charge for winch outs... remember 4-5 years ago when fountain city wrecker had part of the city of knoxville contract, and lost it due to gouging... it happens.. all the time... i quit after a while, because i honestly didnt think it was my place to screw people in a time of need.. no matter if the alternator went out, or they went off an enbankment.. but the owner found it to profitable for him... greed is killing america

That was me who got Fountain City Wrecker fired. And they never even towed my car.

The Dragonater filed three class actions against tow truckers and police in Knox County TN, and filed felony charges with state police and other agencies, resulting in over 100 towtruckers fired and banned for 5 years. But I never got my two stolen cars back, nobody went to jail, no govt employees got fired, and my lawyer got two guns put to his head and promised to "blow your brains out if you don't do what you're told" and drop the cases.

These are mob rackets (jewish/Italian/Dixie Mafia), and killing cops or towtruckers is SOP in TN. These same towtruckers in TN run the worldwide cartheft rackets, including towing cars in USA to use for "Al Qaeda" carbombs to kill US troops in Iraq according to FBI. The "world's largest" multi-billion TN towing cartel appears to have been partnered with Carlyle Group, which now brags it has the "world's largest" towing cartel. Carlyle Group is owned by the Nazi George Bushes, German Nazi Queen of England, and the jewish Bin Laden family of Israeli CIA agents.

Since The Dragonater is permanently banned from East Tennessee Riders forum by Alabama police mods of ETR, this is the only legit answer you will get. Forward and repost, or cower in fear.

The Dragonater gets robbed a $500 towing fee for cousin's fatal Goldwing crash on the Tellico Dragon

Wrecker Services Manual

State of Tennessee Department of Safety

Highway Patrol

XIV. Towing and Storage Rates and Liability for Payment:

A. The Department shall not establish towing rates. However, towing rates
shall be competitive with the towing rates of certified towing companies in
the same zone. Rates must be reasonable, fair and equitable to all persons
whose vehicles are towed at the request of the Department.

B. Towing and Storage Rate Guidelines:

1. A towing company shall begin charging its towing rate upon arrival “at scene”, unless called out-of-zone; then the towing company shall begin charging its towing rate at the time it is called by the THP dispatcher.

2. Storage rates begin twenty-four (24) hours after a vehicle is towed.

3. Towing companies that happen upon a scene where their services are required shall assist without charge when the roadway is blocked or there is an immediate safety risk.

4. There will be no charge for “hook up”.

5. When towing vehicles are required to wait at the scene for functions to be performed by other emergency personnel, a rate of one-half (1/2) of the normal hourly winching rate shall be charged by the towing company. This rate shall not be exceeded.

6. There shall be no charge for a normal highway clean up. A normal cleanup includes, but is not limited to, removal of glass, vehicle body parts, vehicle fluids, etc. Cleanups requiring additional/specialized equipment and/or resources, such as diesel
spills, Haz-mat, etc. will result in additional charges being levied against the liable party(s) by the towing companies and/or other state regulatory agencies.

7. There shall be no charge for certain types of equipment, e.g., dollies and fire extinguishers.

8. Rates for unloading/loading of cargo will be assessed to the nearest quarter (1/4) hour.

9. An assisting towing company’s rates will be the same or less than the rates of the towing company that requested the assistance.

10. If the off-loading of cargo is required, each towing company providing these services shall list the names, home addresses, and telephone numbers of each person hired to off-load cargo. This list shall be provided to the District Wrecker Lieutenant upon request.

11. An itemized invoice shall be prepared for all charges over one thousand dollars ($1,000). A copy of the invoice shall be given to the owner/designee, and a copy shall be kept on file with the towing company.

C. Liability for Payment of Fees/Charges for, or Associated with, the Removal, Recovery, Towing or Storage of Vehicles:

1. There are many reasons that may cause a vehicle to be towed by a Member of the Department. Each vehicle towed will incur expenses associated with its removal by a towing company. For purposes of inclusion on the THP Rotating Schedule Towing List,
towing companies must agree to the following regulations regarding the payment of removal, recovery, towing or storage of vehicles:

a. The Department shall not be responsible for any fee/charge associated with the removal, recovery, towing, or storage of a vehicle except in cases where the vehicle is seized.

b. In seizure cases, the Department will only pay storage up to the amount that would be obtained from auctioning or selling the vehicle.

XV. Complaints, Investigations and District Captain’s Determination:

A. A towing company that violates any part of this Manual may be removed permanently or suspended from participating on the Towing List for a period of time to be determined by the Department.

B. If the Department becomes aware of any violation of the provisions of this Manual, the District Wrecker Lieutenant shall investigate the alleged violation as set forth herein.

C. The owner of a vehicle towed by a towing company may file a written complaint to the District Captain/designee having jurisdiction in the area where the vehicle was towed if the owner believes that:

1. The towing company towed a vehicle without the owner’s or law enforcement’s authorization; and/or

2. Charged an excessive towing/storage/other services rate; and/or

3. Violated any part of this Manual.

D. All complaints filed pursuant to this Section shall contain:

1. The name of the complainant;

2. The complainant’s address;

3. The complainant’s phone number(s) and e-mail address (if available);

4. The time(s) and manner(s) in which the complainant may be contacted;

5. The name of the towing company;

6. The cause(s) of the complaint;

7. Copies of any documents received from or correspondence with the towing company;

8. The names and phone numbers of any witnesses; and

9. Any other facts that may assist the Department in investigating the complaint.

E. The District Wrecker Lieutenant shall conduct an investigation and shall make an investigatory report with supporting documentation to the District Captain.

F. The District Captain shall review the investigatory report and supporting documentation and shall render a decision. A copy of the complaint, investigative reports, and the decision will be forwarded to the Field Bureau Lieutenant Colonel’s Office.

G. If the investigation reveals that the towing company towed the vehicle without the proper authorization and/or charged excessive rates, the District Captain shall resolve the matter by:

1. Ordering the towing company to promptly reimburse the complainant any monies paid; or

2. Ordering the towing company to release the vehicle with no charge or for an amount determined by the District Captain.

H. In addition to the action taken in Paragraph F, any valid complaint shall result in the towing company’s suspension/removal from the Towing List for a period of time determined by the District Captain. The towing company shall be notified, in writing by certified mail, by the District Captain.

I. The District Captain shall notify the complainant and the towing company, in writing by certified mail, of the District Captain’s determination. Both the complainant and the towing company may appeal from the District Captain’s determination by using the procedures set forth in Section XVI of this Manual.

J. Two (2) or more sustained complaints against a towing company shall result in the removal of the towing company from the Towing List for a period of time, including permanent removal, determined by the District Captain. The towing company shall be notified of the removal, in writing, by the District Captain.

Tennessee Claims Commission and Negligence by State Employees

by Baker Associates Law Firm

As citizens of the state of Tennessee, we expect state officials to drive safely, to construct and maintain safe streets, and to remove dangerous conditions. To enforce these expectations (or duties), the Tennessee State Legislature created the Claims Commission in 1984 to allow members of the public to sue the State for damages caused by the negligence of its employees.

A person can bring a negligence claim before the Claims Commission only if the injury was caused by the negligent acts of a state employee (or agency). A state employee means any person who is a state official or any person who is employed in the service of the state.

Under the Claims Commission Act, the state of Tennessee is liable in the same way as a private person or business. Specifically, the State is liable for the following negligent acts:

Tennessee car accidents involving the negligence of an operator of a state vehicle;
Nuisances created or maintained by the state. In the law, a nuisance is the use of property that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.

Negligent creation or maintenance of dangerous conditions.

Legal or Tennessee medical malpractice by a state employee.

Negligent care, custody and control of persons, personal property, or animals.

Negligent construction of state sidewalks and buildings.

Negligent construction, inspection, and maintenance of public roads and highway designated by TDOT as being on the state system of highways.

If you have been injured because of the negligent driving of a state official, negligent road design, or other dangerous condition created by a state employee or agency, help keep Tennessee safe by learning more about your rights. The top Tennessee personal injury attorneys at Baker Associates can help. Call today for a free consultation.

"In a democracy, people get the government they deserve."
-Alexis de Toqueville, author of Democracy in America

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