~ There is no policy and or legislation for the towing of vehicles. ~
PHILIPSBURG: --- A young mother and teacher of one of the island’s high schools remain terrified from the experience she had with a tow truck driver. Humera Alam told SMN News that in February 2018 she parked her vehicle on Emma Plein across from Jump Up Casino and went to a coffee lounge with her then three-month-old baby and her mother who was visiting the island.
Alam said upon her return where her vehicle was parked, she could not find the vehicle and had to walk to the police station to see if the police ordered her vehicle towed. Alam said when she reached the police station, the police did not know who towed her vehicle and why it was towed in the first place. She explained that the police called up the towing companies and managed to locate her vehicle. Alam said a tow truck came to the police station and took her to their compound somewhere in Dutch Quarter where she located her vehicle. The young mother said she was instructed to leave her mother and young baby at the police station which she did, she said upon locating the vehicle the tow truck driver told her she had to pay him $75.00 which she said she told him was a bit high but agreed to pay with him with her ATM card. Alam said that the tow truck driver demanded that she pay in cash which she did not have on her. This she said led to the driver blocking her from leaving as he also refused to follow her to Philipsburg where she could have obtained the cash at an ATM machine and pay him. “I wanted him to drive behind me since I left my young baby at the Police Station and she only breastfeeds. I simply did not want to go back to get the money and then return for my vehicle.”
The woman said she was blocked in and the driver left her twice even though she began screaming for help. She said she eventually begged the driver to go with her to Philipsburg where she would pay him since she left her baby at the Police Station and the baby was only breastfed. Alam said the driver refused to let her go with her vehicle but wanted her to go back with him in his tow truck to an ATM and not at the Police Station which she refused to do because she left her young baby without being fed.
Alam said the tow truck driver even tried to scare and intimidate her with a Pitbull and she finally had to call the police who took her identification card and escorted her back to Philipsburg hours after she left her young baby unfed.
Alam said she was traumatized and even felt scared at one point, she said for a while she did not do anything about the situation because the police were involved to an extent and did nothing about the things the tow truck driver did to her. She said it was a while after she decided to write the Ombudsman and eventually filed a complaint because as a teacher, she felt that she need to stand up against injustice. “Can you imagine they allow drivers to get into the same vehicle with the same person that towed their vehicle away. It seems like the police want people to get hurt or killed, not everyone is calm or would take such things lightly. Can you imagine putting a victim and rapist together in the same vehicle and have them driving alone? She asked. In the Netherlands where I am from fines are not issued by towing companies, it’s the police that issue fines, besides that I would like to know where the money goes. How does this help the police or government she asked?
An investigation was conducted by the Ombudsman which showed that there are no written agreements, policies and or legislation in place to regulate how and when a personal vehicle can be towed. The woman said that a hearing was held and during that hearing, she understood that the government does not have the necessary policies in place. She said the police even promised to investigate the incident but, in her opinion, they did not do anything. Alam said the Police did respond to the Ombudsman by letter and the final report was sent to her recently.
Alam said she wants her money back but most importantly she wants justice because the police did not order the towing company to tow her vehicle away. She said she does not believe she broke the law in any way while she is still calling on law enforcement to give her justice for what she endured that day.
Chief Commissioner of Police Carl John said in an invited comment that the Police cooperated with the Ombudsman and they did provide the necessary information to the Ombudsman.
John said that Ombudsman issued a report and made several recommendations which the Police began implementing every day.
The top cop said that since this incident the Police limits the towing of vehicles unless it’s necessary. “The police are conducting more controls to avoid illegal parking. John explained that the police do not have any place to store vehicles and as such the police have no choice but to work with the towing companies. He said that since this incident all towing companies were invited to the Police Station where they clearly outlined the level of service that is expected from them and how they are to treat people. John said since this incident a lot has changed when it comes to towing of vehicles.
Illegal Towing.
Chief Commissioner John said that tow truck companies are not allowed to drive around and tow away vehicles, this he said is illegal and in fact, tow trucks can only tow vehicles when they get a direct order from the Police. He said businesses in Philipsburg are in the habit of calling the tow trucks when people parked in the area of their businesses, the top cop said that even though businesses take the liberty to call tow trucks and have people vehicles towed, this too is illegal.
The top cop said he believes that Alam was not treated correctly and he also believes that this incident impacted her negatively. He promised will look-into the case further since tow trucks do not have the authority to tow away anyone’s vehicles without being called by police, and if it is proven that the tow truck company towed the vehicle without being called by the police, then something will have to be done.
Former Minister of Justice Roland Duncan in an invited comment said during his tenure as Minister he put an end to private towing companies towing away people’s vehicles. “ Its illegal and the police have their own tow trucks they do not need to allow these companies to exploit people. I even had the police remove all barricades placed by businesses on the public road. Businesses do not own parking spaces so they are not supposed to block the parking spaces that are close to their businesses.”
Duncan said since he left office the police allowed businesses to block off public spaces and the tow truck businesses became the next boomerang business in Philipsburg.
Click here to read Ombudsman Report.
