The plaintiff auto repair facility claimed $9,898.80 in storage fees from the defendant insurer after a customer's vehicle was towed to its premises and remained there for 73 days.
The defendant refused to pay, arguing the plaintiff was not certified to provide vehicle storage services under the Towing and Storage Safety and Enforcement Act, 2021 (TSSEA).
The Small Claims Court dismissed the claim, finding that by receiving and holding a towed vehicle, the plaintiff provided vehicle storage services within the meaning of the TSSEA.
Because the plaintiff sought to charge a fee for these services, it was not exempt from the TSSEA and was prohibited from charging or collecting storage fees without holding a vehicle storage certificate.
