Stalled Legal Battle: Second Judge Recuses in Birmingham Towing Company Class Action Lawsuit

Birmingham, Ala. — A class action lawsuit against local towing company Parking Enforcement Systems has encountered further delays as Jefferson County Circuit Court Judge Tamara Harris Johnson stepped down from the case last month citing ethical concerns. This marks the second judge to recuse from the matter following Judge Pat Ballard’s earlier withdrawal.

The lawsuit, initiated on behalf of Birmingham resident Terry White and other affected parties by Alabama Car Lawyers and Hood Law LLC., alleges illegal towing practices and excessive fees by PES, as well as financial improprieties involving Robert L. Crook, Jr., who owns the lot used by the towing company.

According to the legal complaint filed on February 26, PES is accused not only of unauthorized towing but also of non-compliance with local ordinances revised last September after public grievances soared. These ordinances were designed to curb predatory towing within Birmingham.

The allegations deepen with claims against Crook who, the lawsuit contends, benefits financially from the towing operations conducted on his property. It’s asserted that Crook has structured incentives for PES to tow vehicles from his other properties as well.

In response, PES and Crook have denied all allegations, with legal representatives declining to comment further on the ongoing lawsuit. The case, which was recently reassigned to Jefferson County Circuit Court Judge Brendette Brown Green, has not yet been scheduled for new hearings.

Additionally, the discontent with towing practices in Birmingham is not restricted to this lawsuit. Past litigation indicates that this is a recurring issue, with other residents coming forward with similar complaints. In the broader context, these legal actions reflect ongoing tensions between towing operations and community members in Birmingham Austin.

The city authorities have not stood by idly amid these controversies. Recent efforts led by the Birmingham Department and Transportation to overhaul parking signage and regulations appear to be a direct response to the escalating public backlash. Christina Argo from the department emphasized the progress in bringing privately-owned lots into compliance with the newly established ordinances.

Despite these city-led initiatives, downtown visitors like Janeille Brewer, express ongoing frustration. Brewer’s recent experience with PES, where a simple data entry error led to the towing of her car and a $160 retrieval fee, underscores the challenges still faced by the public.

City officials, including the director of communications, Rick Journey, have reiterated that street parking remains free after 5 p.m. However, this does not extend to privately-owned lots which continue to be governed by separate regulations.

As the case unfolds, the legal outcomes and city reforms will likely continue to impact the dynamics of parking management and enforcement in Birmingham. Citizens and local businesses alike are watching closely, hopeful for resolutions that will restore confidence and accessibility to the bustling downtown districts.