Loophole In The Law Allows Tow Company Under Fire A Fresh Start

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HURST (CSBDFW.COM) - A state agency is trying to shut down a local towing company, but CBS11 learned it's simultaneously granting the same owner licenses to open a new one.

"I'm angry that they're going to get away with it. Again and again and again," said Jennifer Miller.

Miller has fought Excalibur Towing for two years, ever since it towed her husband's rig from a business where he was a customer.

The couple said its truck sustained $25,000 in damage, forcing Joel Miller out of work for six weeks.

The Millers took Excalibur's owner, Nick Massey, to court and won.

"We weren't the first ones he tried to s***. We decided we wanted to try to be one of the last," said Jennifer.

The company is appealing the ruling and the Millers say they still haven't seen a penny.

"I know there are a lot of people out there that can't fight," she said.

A string of similar accusations has the Texas Department of Licensing and Regulation pursuing its own case, aimed at shutting Massey's company down.

At risk of losing his existing licenses, Massey has applied for new ones.

TDLR has granted his new company "Avalon Storage Services" a license to store cars.

It's processing an application to allow Massey's other new company "Just N Case" a license to tow them.

"You can have as many licenses as you apply for, as long as you pay the fees and meet the requirements," said Todd Forrester, from TDLR.

CBS11 learned the agency doesn't review an owner's history of violations when determining whether to approve a license.

"As of right now the statue doesn't allow us the ability to take that into account," said Forrester.

Miller is now convinced there's nothing keeping tow companies accountable.

"It's stealing! What they're doing is grand theft auto," she said.

Massey's attorney said what he's doing is completely legal.

He compared operating towing companies under different names to General Motors operating "Cadillac, Chevrolet and Buick".

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