- On May 31, 2004, Jesse Sensibar filed Lisa
Carroll's Ford F-250 as an abandoned vehicle.
Carroll had purchased the truck four years
earlier with a $25,000 cash loan from a family
member. Carroll repeatedly contacted Sensibar
attempting to get the truck out of the tow
yard. By August, Sensibar was driving the
truck, titled in his name. Carroll then contacted
the police, who informed her that the alleged
injustice was a civil matter. Sensibar now
estimates the value of the truck, which he
still possesses, at $14,000..

- Though Sensibar admits in documented interviews
that Carroll contacted him about the vehicle,
he signed MVD paperwork stating, "I certify
that, as of the date of application, no person
has presented proof of ownership or proof
of interest in the vehicle described above.".

- On December 21, 1999, Dennis Reinke was
arrested for driving under the influence.
Two days later, Alliance Towing removed his
car from a Circle K parking lot. On January
14, 2000, Reinke executed a document issuing
power of attorney and "control over all
property including automobiles" to Ronald
Turner. On January 26, 2000, Alliance Towing
filed a Report of Abandoned Vehicle, answering
"no" to the question, "Has
anyone contacted you claiming ownership or
right of possessions to the vehicle?"
On February 29, 2000, the MVD issued Alliance
a title to the Corvette. Alliance later sold
the car. In 2004, after filing a lawsuit,
Reinke received a cash settlement from Alliance.
|
|
|
Held for Ransom
Jessie Sensibar's arms are painted with tattoos. His fingers, clad
in chunky silver rings, casually reach to stroke his goatee or adjust
his black-rimmed glasses as he speaks. His rough voice is likeable
in person. His outward swagger and casual shop-talk suggest he likes
what he does.
Distraught and with limited funds, Carroll tried everything to get
her vehicle back, including notifying the Flagstaff police. "I found
out Arizona has a 'no-ransom' law that they're not allowed to hold
a vehicle ransom in rural areas," Carroll says. "I let the police
know, and they said it was a civil matter and they couldn't help
me."
Meanwhile, Sensibar had all wheels in motion to obtain an abandoned
vehicle title on Carroll's truck, and he's not apologizing. When
confronted with the facts of Carroll's case, Sensibar is straight-forward
about his position and his actions. He says he operates within the
parameters of the law and though it may be unpopular, it's how he
makes a living. He adds that this is how many Arizona tow companies
operate.
Sensibar also admits he planted roadblocks along the way to prevent
Carroll from retrieving her vehicle. "I did some other things I
think that probably made it so she didn't get the car back. I don't
feel bad about that," Sensibar says. "If I get four of those (abandoned
vehicles) in a year, that pays my salary," he said. "I don't need
that much to live."
Deregulated Deeds
A recent Channel 15 News report caught one Valley tow truck driver
pushing a car into a fire lane, snapping a photo and then towing
it away. But as Carroll's story illustrates, the scams can go further
than illegitimate impounds and excessive fees. Some tow companies
are keeping vehicles altogether. And while Sensibar's actions may
seem extreme, they are not uncommon.
Because there is no one agency assigned to supervise the Arizona
towing industry, cases like Carroll's are difficult to regulate.
The current system takes tow companies at their word on the status
of high-value "abandoned" vehicles. And considering the majority
of the 60,000 abandoned vehicles reported each year are junk, it's
dufficult to sort high-value vehicles like Carrolls from the mix.
Cydney Demodica, spokesperson for the Arizona MVD says there's nothing
her agency can do once the new title has been issued. "The business
practices of the tow company are at question here," she says of
Carroll's case.
"The industry is an unregulated industry. They are not under the
authority of the MVD. We simply own one piece of the puzzle," she
says. "What these other people are doing outside, before the process
begins with us, I can't respond to that."
Many of the other pieces of the towing industry puzzle are completely
unsupervised, and those within the industry know it. That may be
one reason the Maricopa Sheriff's Office and the Arizona District
Attorney continue their investigations into Valley towing practices.
In front of that backdrop, Sensibar's open explanation of practically
legalized theft may seem less surprising. Mark Bogan, a retired
Mesa police officer who was responsible for towing contracts during
the mid-'90s, says the Arizona towing industry is rank with fraud,
from unreasonable add-on costs to vehicle seizures and collusion
with local and state officials.
"You're going to find it very difficult to get anything you can
get a hold of," the retired officer says of finding paperwork evidence.
"Those people know how to operate. That's how they've gotten as
far and as lucrative as they are," he says.
Justice is Sued
Valley resident Dennis Reinke has come to know the abandoned vehicle
statutes in Arizona all too well. Like Carroll, Reinke's car was
towed and then literally taken out from under him. While Reinke
sat in jail, Alliance Towing proceeded to sell his car.
Even though Reinke sent a friend with his power of attorney to retrieve
his Corvette, according to court records, Alliance still checked
"no" on the MVD paperwork asking if the company had been contacted
by anyone about the vehicle.
"(They) knew I was in prison, and stated only the owner could claim
it because he knew I couldn't," Reinke says of the tow yard owner.
In a jailhouse interview, Reinke says his scenario is common with
DUI offenders. Others in prison told him he'd never see his cash-purchased
Corvette again. But Reinke was savvier than Alliance had anticipated,
ultimately receiving an out-of-court cash settlement.
Route 66 Recovery owner Jesse Sensibar says many Arizona tow companies
practice similar "abandoned vehicle" policies. That may be one reason
he believes his actions to be above board.
A Bad Rap?
Bruce Phillips, the attorney who represented Alliance Towing against
Reinke, has represented a number of Valley towing firms in lawsuits.
He admits Alliance settled Reinke's case out of court but adds that
the tow industry has gotten a bad rap from the news media.
"Not that they haven't at times deserved some adverse press," Phillips
says. "I'm not saying there haven't been some extreme cases, but
how many cars are towed a day in this town? They tow so many and
have a few problems with a couple."
Valley-based Daryl's Towing manager Chad Gammage agrees that a few
greasy characters are tarnishing the industry's image. Gammage says
state and city bidding policies favor dishonest tow companies by
awarding contracts on terms like "one-cent" tows that are financially
unrealistic.
Those economic realities suggest the money must be made up in other
ways. Sensibar is one tow yard owner who's not afraid to say so.
Even in Flagstaff, Sensibar says the contracts are where the money
is. "If you want to look for fraud, just follow the money," he says.
"It's not just the dirt bag who put the contract together," Sensibar
says of city contracts. "It's the purchasing agent and everybody
in the city who accepts it. There needs to be some sort of a truth.
We all know it costs $138 to tow a car, so if you're bidding at
less than $138, you're either stupid or you're going to be making
the money some other, backdoor way."
Sensibar's tow of Lisa Carroll's Ford F-250 was a result of his
company's contract with the Coconino County Sheriff's Office. Without
that contract, Sensibar would have no access to the vehicles after
drug and DUI arrests. And with an insider's understanding of the
abandoned vehicle process, it seems handy to know a vehicle owner
may not be out of custody before the 40 days required for the abandoned
vehicle authorization.
Letter of the Law
Despite Sensibar's claims to operate within the boundaries of the
law, MVD documentation obtained by The Times and signed by Sensibar
suggests otherwise.
On an Abandoned Vehicle Report dated May 31, 2005 Sensibar clearly
states that no person had contacted him claiming ownership of Carroll's
Ford F-250. But on several occasions Sensibar related detailed stories
of Carroll's repeated attempts to obtain her vehicle. Sensibar adds
that some vehicle owners will never be able to pay their tow and
storage bills. He suggests Carroll was one such owner, and filing
those vehicles as abandoned is his only way of guaranteeing a paycheck.
"When I got out of jail, not that same day, but the day after, I
went to go get my truck," Carroll says. "Sensibar told me I could
not take it until I got my registration and insurance current. I
didn't have a whole lot of money. I didn't know he was being dishonest
at that point in time," she adds.
"Then he said I couldn't take it off the lot until I got my brakes
fixed. Later I found out he had obtained an abandoned title, and
I no longer owned my truck. He ended up getting it. I ended up having
nothing. The truck wasn't in my name anymore."
In a recent interview, Sensibar said he doesn't practice stonewalling.
But in an earlier conversation he claimed that he can be very difficult
to get a vehicle from. "Absolutely, some of them deserve it. I'm
a whole lot less helpful. If I think that you didn't work for this
thing very hard, I'm a whole lot more likely to try and keep you
from getting it back," Sensibar said.
Like Reinke and other victims, Carroll didn't know Sensibar was
filing for an abandoned title while he was delaying her requests
for the truck. Once she found out Sensibar had secured the title
to her truck, she called the Flagstaff Police Department, but was
told her dispute was now a civil matter.
In other words, those who can't afford a lawyer may never see their
vehicle again. Lisa Carroll is one such person, unable to afford
a lawyer and out a vehicle still valued at about $14,000.
: If a tow company will not release your vehicle:
1. Contact MVD immediately, notifying them the vehicle is not abandoned.
2. As with any legal dispute, date and duplicate all your correspondence.
3. Print the state statutes or municipal codes that apply to your
situation, highlight them and take them in hand to the tow yard
with the phone number of a lawyer also in hand.
4. Reinke v. Alliance Towing, 2004, confirms that a tow company
cannot file for abandoned title if the owner is trying to claim
the vehicle. As such, prove and document your attempts to recover
the vehicle.
5. According to a 1997 ruling in Tucson, tow companies cannot create
a lien on your vehicle to pay the vehicles' fees unless you give
consent.
The most common ways tow companies hike bills, as listed by tow
owners and managers. These tag-on fees are entirely legal if they
are not specified in the city tow contract.
1. Retow fee to move vehicle to another tow yard.
2. Moving fee, to move a vehicle within the yard.
3. Gate fee, to let you in or out of the yard to obtain possession.
4. Administrative fees.
5. Daily storage fees.
By the Numbers:
10-20 Number of days within which a tow company can file
a vehicle as abandoned.
30 Number of days the MVD waits
to send an Abandoned Vehicle Authorization to the tow company.
$14 Total cost for a tow company to secure title on a vehicle
they claim as abandoned. $10 for the original abandoned report.
$4 for transfer of title.
60,000 Approximate number of abandoned vehicle reports filed
in Arizona in 2004. The majority of abandoned vehicles are literal
junk that tow companies sell as scrap metal. But some are high value,
no-lien vehicles.
0 Number of federal, state and local agencies that validate
or inquire about a tow company's claim that a high-value vehicle
is actually abandoned.
45 Number of days one Arizona tow owner says he needs to
obtain title on a vehicle he claims as abandoned.