Updated: Wednesday, 20 May 2009, 10:16 PM CDT
Published : Wednesday, 20 May 2009, 9:28 PM CDT
The owner of a towing company featured in a recent 7 On Your Side report is facing theft charges. But his company's problems don't end there.
Austin police continue to investigate Central Towing.
High school seniors Audrey and Jacquelyn remember the day in March when Central Towing hauled Audrey's SUV from the Whataburger at South First Street and Barton Springs.
According to police reports, the tow driver, Donald Creamer, offered to return Audrey's vehicle for one hundred dollars. But Audrey knew better, because her car wasn't hooked-up properly.
"He just drove away with it half hooked up, so it was like swerving in like two lanes," Audrey said.
The girls then hopped in Jacquelyn's car and followed the wrecker down South First Street. They took pictures and now they're working with police.
"The two young ladies noticed the cars wheels were turned," Detective Robert Loosier of the Austin Police Department said. "When the vehicle pulled out it was swaying."
City law requires that a vehicle must be fully prepared for transport before it's towed. Police said Creamer didn't properly secure the SUV until he stopped at a nearby HEB parking lot.
"My investigation revealed that Whataburger had no contract with a company named Central Towing," Loosier said. "Nobody from Whataburger requested the cars be towed."
Police issued a warrant and later arrested Creamer for theft.
"We watched on the news that he had been arrested," Jacquelyn said.
Loosier said Central Towing removed approximately sixteen cars from the Whataburger lot during four days in March.
Central Towing's Cathy Creamer refused to comment on the specifics of the Whataburger tow. However, she said Central Towing's contract with the restaurant is valid.
It was signed in 1991 when Central Towing was known as A Better Wrecker Service.
Whataburger said Central Towing violated the contract by failing to follow their policies. The restaurant has since terminated the contract and any affiliation with Central Towing.
Police revoked Creamer's license to tow after his recent arrest.
"It was a result of that and several other violations that we already had on file," Loosier said.
Creamer appealed and can still tow while the case is reviewed.
A few weeks ago we told you about Tommy Thomas and his dispute with Central Towing. He parked at an Austin medical complex, walked across the street and then walked back for his doctor's appointment a few minutes later only to find his car towed.
Thomas fought Central Towing at a tow hearing, but a justice of the peace ruled the wrecker had probable cause to tow.
Thomas plans to appeal.
Meantime, there is talk amongst city officials about possibly imposing tougher rules when it comes to towing practices in Austin. Central Towing said a lot of businesses would be up in arms if that happens.
Police said drivers who are concerned about illegal tows should call 3-1-1.
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