Special Reports

CHICAGO (CBS 2) ― In seconds, private towing companies licensed by the Illinois Commerce Commission -- known as the ICC -- can seize your car.

But the CBS 2 Investigators have found that growing numbers of outraged car owners are convinced that some companies are towing legally parked cars to collect towing fees of $125 to $150 per car. Pam Zekman reports on the towing hustle.

Parking spots are scarce, so property owners are turning to towing companies to protect their turf. But some are too quick to tow.

"They wanted $125 to get our own car back that was towed out of our own property," towing victim Martha Murphy said. "I think they are stealing cars."

Brian and Michael Towing claimed Murphy's car was parked in their neighbor's spot. But as pictures show, the tow truck driver's tracks are in Murphy's parking place and the police got her car returned for free.

"He might very well have made a mistake and we honored what the Chicago police department deemed necessary at the time," Robert Driskill of Brian and Michael Towing said.

It's not the first time. We found Brian and Michael towing was the subject of numerous illegal towing complaints filed last year with the Illinois Commerce Commission, the state agency that regulates towing companies. And refunds were negotiated for many angry car owners.

Driskill denied that his drivers are illegally towing cars to make more money, but he says that there is a heated battle going on among towing companies competing for lucrative contracts in parking lots. And we found sometimes car owners are getting caught in the middle.

"I was just in the store shopping. I came out and my car is gone," towing victim Wanda Trevino said.

Her car was legally parked in a lot under contract with one towing company, but was towed by another with a contract for the neighboring lot.

Richard Gacho, the manager of New City Towing, denies they towed a car from the wrong lot.

"We have better things to do than steal people's cars, you know what I mean?" he said.

But twice in the last two months, police have been called to New City by angry car owners, all with the same complaint.

"They stole this car, plain and simple," Trevino said. "They stole the car."

The Trevinos got their car back without paying a fee, but say more needs to be done.

"They should be shut down," Trevino said.

In a complaint filed with the Illinois Commerce Commission, other towing companies say Gacho should never have been licensed in the first place. The complaint charges that Gacho is a "danger to public safety" because of his more than 50 traffic offenses and extensive history of arrests with convictions for burglary, possession of stolen vehicles and firearms.

"You know, I'm a grown man now," Gacho said. "I've changed. People change."

But as a tow truck driver, Gacho is still violating the law. Last month he got caught in an undercover sting set up by the ICC police.

"When a person who's getting their car towed… comes on the property before the completion of the tow, the tow truck drivers know they are supposed to drop the vehicles free of charge," Zachary Wilson of the ICC police said.

But Gacho kept towing, even after an investigator ran up to the tow truck still in the lot.

"I said, 'hey that's my car, that's my car,' and he didn't stop," ICC investigator Scott Kassal said.

Well, he didn't stop until he was pulled over and ticketed for violating the law. Gacho was furious.

"He never said the car was his," Gacho said.

"We heard him say it," CBS 2's Pam Zekman told him.

"I didn't hear him say it over him banging on the window," Gacho said. "I didn't hear him say it."

"If you stop long enough to listen to someone before you grab the car you would've," Zekman said.

"You got people throwing stuff at you and stuff," Gacho said. "I fear for my life. I ain't got time to play all them games."

An enraged Gacho then pushed the microphone away. "Get away from me with your mic, lady."

"You have to play by the rules," Zekman said.

The ICC gave Gacho a license last year despite his record, after he expressed regret for his earlier transgressions and said he was rehabilitated.

Now there's a call for other law enforcement agencies to investigate towing abuses. Critics say the Commerce Commission is not doing its job to protect the public. We'll have that story Tuesday night at ten.

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