Thursday, May 10, 2018

Brief From ICC Claims Lincoln Towing is "Unfit To Hold A License"

It's still going on. More than two years after the Illinois Commerce Commission started investigating the business practices of Lincoln Towing, it still hasn't reached a decision about whether or not the infamous "pirates" have the right to remain in business.

A ruling is expected later this summer. And even then it could go on longer.

According to the Tribune, "A public hearing on the case is slated for late June, and an administrative law judge is expected to issue a ruling on the case later this summer. The five ICC commissioners are expected to issue their final ruling after that. Lincoln could challenge that ruling in circuit court."

In other words, your vehicle still isn't safe from the questionable business practices of Lincoln Towing.

But there's some good reading in the meantime. In its closing argument against the towing company, the ICC puts forth some pretty eye-opening facts about our least favorite Uptown business, taken from Lincoln Towing's own logs. Some excerpts:
"LINCOLN TOWED VEHICLES WITHOUT PROPERTY OWNER AUTHORIZATION, OR PRIOR TO FILING THE TOW CONTRACT WITH THE COMMISSION, OR ON A PATROL BASIS WHEN THE CONTRACT WAS FILED AS CALL LOT FOUR-HUNDRED SIXTY-TWO (462) TIMES BETWEEN JULY 24, 2015, AND MARCH 23, 2016." (page 7 of the brief)
This includes tows from 834 W. Leland and 850 W. Eastwood in 2015 and 2016 at times when Lincoln Towing had no valid contract to tow from those locations. (page 15 of the brief). It also included 23 separate tows from 4102 N. Sheridan in 2015 and 2016; its contract to tow from that location expired in 2009. (page 18 of the brief)

"LINCOLN USED THE SERVICES OF AN OPERATOR WITHOUT A VALID, CURRENT OPERATOR'S PERMIT THREE-HUNDRED SIXTY-NINE (369) TIMES BETWEEN JULY 24, 2015, AND MARCH 23, 2016." (page 20 of the brief)
"LINCOLN'S PATTERN AND PRACTICE OF CONDUCTING UNAUTHORIZED RELOCATIONS HARMS THE PUBLIC AND DEMONSTRATES THAT LINCOLN IS INCOMPETENT AND UNWORTHY TO HOLD A RELOCATOR'S LICENSE." (page 26 of the brief)
It goes on to say, "The Commission is not presented with an isolated incident or even multiple incidents where Lincoln violated the ICRTVL and Commission regulations. Instead, the evidence before the Commission is that over the course of eight months Lincoln committed eight-hundred thirty-one violations of the law enacted to protect the safety and welfare of the public. 
Lincoln's pervasive and ongoing pattern and practice of conducting unauthorized relocations in violation of the law demonstrates that Lincoln is incompetent and unworthy to maintain its relocator's license. Such a persistent pattern and practice of conducting unauthorized relocations injures the public and warrants revocation of Lincoln's relocator's license." (page 26 of the brief)
It concludes by asking the powers that be to find that Lincoln Towing is "unfit to hold a relocator's license." (page 32 of the brief)

That's the ICC's take on things. Now Lincoln Towing and its attorneys get a chance to respond in a brief of their own, replying to these statements.

And then the Administrative Law Judge will make her decision, based on the evidence and reply submitted, probably this summer. The final ruling will come from the five commissioners after that.

Stay tuned.

The process is slow.

But it's coming to a conclusion.

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