COMPLAINT State of West Virginia Public Service Commission Charleaton

Transcription

1 Form No. 1 COMPLANT State of West Virginia Public Service Commission Charleaton The petition of the above named Mark \+\\ hl% Ccb.ce name), complainant, respecmdly shows: That the above-named JC LLC (name of defendant), is a public utility engaged in tbe business of - (state the utility businas of fhe defht, i.e. gas, electric tekphone, etc.) at MQ 2'";rGeir address), in the State of West Virginia, and as such is mbjd to the provisions of Chapter 24 (w 24A) of the Code of West Virginia, 193, as amended, and the provisions (hereof applicable to said class of public utilities. 2 That the said defemlant has violated the laws of the State of West Virginia, governing said public utility business, in the following particulars, to-wit: (a) Here state wncisely the matters complained of: 5W 4 Pbc h c d D a C 5 ( Z - (b) Here state the remedy you seek zcc alfvc hcrl 0 4% (2)

2 '\5_'.25 Pki t.cii. 2% '$5 P3.L F.'$%\t$F-k Wherefore, the complainant prays that the said defendant 77 M rl L L C (defendant's name) be squired to answer the charges herein above set out, and that, after due iavest@atio& an order may be made wmanding the said defendant to cease and desist from the wrongful conduct afomaid, and for such other and further order as the Public Service Commission of Wesf Virginia may deem necessary, reasonable and just in the premises. [Rayer may ask for the asmtainment of lawful rates of practices, rmd an order requiring the defendant to conform theret0.1 Dated this Signature of Complainant: THS FORM MUST BE NOTARZED Subscribed and sworn before me this 9 3'4 day of %c ew\w,20 1s &A& ial signature and official seal of notary) Please Note: t is extremely important to inform the PSC of any changes to your contact information and promptly retrieve Certified Mail upon notification of such. DO NOT WRTE ON BACK OF PAGES - attach an 8 4: x 11 sheet of paper

3 Comafaint Details Svnoosis: GECO nsurance submits this complaint on because Tymrk LLC has a history of submitting tow bills which are inflated or fall outside the parameters of the rate strumre found in Tymrk's approved tariff. Charpe : Tymrk LLC submits regular and frequent bills to GECO for special equipment fees that are not listed on their tariff. ncluded in this complaint are numerous bills Tymrk LLC has submitted to GECO in 2015 which demonstrate this. You will note, some of these bills were altered after GEE0 already paid them for the full bill. This is because Tymrk provided copies of these bills after they became aware we were investigating the questionable billing practices, thus they crossed off some of the extra charges despite they were paid for them. Chme 2: Tymrk LLC submits regular and frequent bills for items tisled on under their tariff as special equipment improperly. Tymrk's tariff clearly states " The foowing rates apply to rhe use of specialized equipment in towing and recovery work. &id rates sha not appy unless an appropriate member ofa law enforcemenl agency has spec$cay requested the service. " Tymrk owner Rick Howell admits he and his employees are not obtaining authorization or requests from law enforcement despitc he is still charging the fees C k e 3: Tymrk LLC submils regular and frequent bills for coordinator fees, usually with a 2 hour time frame. Coordinator fees are listed as special equipment and are subject to the tariff as worded above. Rick Howell states the Public Service Commision (PSC) told him verbally to bill this on each bill. Our concerns is this does not exist in writing and does not seem reasonable he is charging these fees on a routine basis. Chmpe 4: Tymrk LLC submits regular and frequent bills for an extra person. Often, these c e accidents which do not require specialized equipment and have little needing to be done to tow the vehicle from the scene. However, for some reason 2 workers are needed on many of these tows. Charpe 5: Tymrk LLC submits regular and frequent bills where the time needed for the job is inflated. For example, the attached bill for November 18, 2015 for the 1996 Chevy Astro van was billed at 3 hours. This is a 3 vehicle accident and our vehicle sustained moderate to light damage whereas the others sustained heavy damage. However, Rick Howell advised he billed us 3 hours because that is how long it took to remove all 3 vehicles. This is not proper billing. Our bill should reflect only the time and fees associated with our insured's 1 vehicle. Why would we pay for time, service, or charges contributing towards the other 2 vehicles? Chme 6: Using the same bill in charge 5 in example, Tymrk is billing GECO for fees never rendered. Rick Howell confirmed our vehicle did not leak fluids however the other 2 vehicles did. The bill included fees for fluid cleanup and time to clean up this fluid which did not pertain to our vehicle. Charm 7: Tymrk LLC submits regular and frequent bills where a 2"d wrecker rate is charged despite only 1 wrecker responded to the scene. We are already paying labor and truck in the Page 1 of 2

4 towing fees associated with a bill. t is questionable how Tymrk feels they can charge a separate line item for a wrecker plus the standard tow and labor. One wrecker should generate the labor and truck rate. We should only see a separate wrecker charge is 2 or more wreckers were required to tow our vehicle. Chame 8: Tymrk LLC submits regular and frequent bills for cable fees. There has been confbsion because cable fees are not specifically listed on the tariff. There is more confusion why cable or winch fees are not included in the standard hourly towing rate unless additional winches are needed. Relief sowhf: Tymrk LLC needs to be held accountable for billing within the scope of their approved tariff. We have clear evidence showing they have a long history of billing outside what is defined on the tariff GECO hereby requests the Public Service Commission conduct a full investigation and audit into the billing practices for Tymrk LLC. Secondly, GECO requests the the Public Service Commission revises the tariff to be more clear and defined as to the rates Tymrk may charge for towing related services. Sp Complainant: Mark Hill Sr. Outside Security nvestigator GECO Special nvestigations Unit (SU) Address: Po Box 9505, Fredericksburg VA Cek (304) Fax: (855) marw@geico.com

5 ~ _q -.- / Kanawha County MacCorWe Ave. Cabin Creek, (304) (304) TYMRK, ELC ROAD SERVCE 2 Locations 24 Hour Service Light, Medium, and Heavy Duty Towing (304) (304) START START_/^: /.3 START SECOND TOW --.rl., SPECAL EOUPMENT TOWED PER ORDER Of 0 ABANDONED 0 FLAT TRE NGLE LNE WNCHNG S~NWHOSTTOW ill ARREST ill STOLEN CAR O OUT OF GAS UAL LNE WNCHNG &FLAT BED~AMP OUNREGSTERED BREAK DOWN 0 MPOUNDED DSNATCH BLOCKS 0 WHEEL LFT 0 OWNER 0 TOW ZONE 0 LOCK OUT 0 OSCOTCHBLOCKS 0 0 DEALER SNOW REMOVAL 0 START 0 ODOLLY STORAGE FROM TOWNG CHARGE MLEAGECHARGE THE RATES AND CHARGES FOR MEW-PARW-TOW WRECKER SERVCE, AND FOR SERVCES NCDENTAL THERETO, ARE REGULATED BY THE PUBLC SERVCE OF WEST VRGNA. F YOU FEEL THKT YOU HAVE BEEN CHARGED UNFMRLY, YOU MAY COMPLAN TO THAT AGENCY AT THE FOLLOWNG ADDRESS: EXECUTVE SECRETXRY, PUBLC SERVCE COhlMSSON OF MY, P.O. BOX 812 CHARLESTON, WV TO PAD EY EXTRA PERSON DRVERS CASH 0 CHECK LC. NO SPECAL EXP EQUPMENT OCREDTCARD OMC OVlSA OAMEX DATE LABOR CHARGE cc NO STORAGE OPERATORS SGNATURE DATE TRUCK NO AUTHORZED SGNATURE VEHCLE RELEASEDTO DATE DATE SUB SURCHARGE TYMRK. LLCASSUMES NO RESPONSlBll ly FOR FRE. TnEFT. /\NU LOSS OF PERSONAL BCLONG~GS OR PROPFRTY nb ANY 4 Nn i