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UPDATE: Embattled Tow Company Seeking License to Work for Toms River

APK Towing company one of five vying for licenses in the township

 

The towing company once accused of wrongfully removing cars from private property in Seaside Heights following Superstorm Sandy is seeking to win a license to tow for Toms River. 

APK Towing and Auto Repair, based in Toms River, was accused of taking cars from private property in Seaside Heights and price gouging following the October 2012 storm. While not held at fault, a settlement reached in January with the state Division of Consumer affairs ordered those who had their vehicles towed by APK to be reimbursed. 

In addition to APK, Accurate Towing, Priced-Rite Towing, Freedom Towing and Recovery, and Grone's Wrecker and Recovery Service have also applied for township tow licenses, according to Anthony Merlino, assistant township attorney in Toms River. 

"Eligibility is conditioned on a number of criteria, many of which relate to equipment standards," Merlino said in an email to Patch. The township code for towing licenses, updated in September of 2012, "now provides that fraudulent or illegal activity of any kind is a ground for rejection. All of these factors were taken into account in the review of the five applications."

The attorney declined to indicate the status of the applications before they are put to a vote by the Township Council on Tuesday, Feb. 26 at 6 p.m. in town hall. 

"However, I can state that APK's actions following Hurricane Sandy weighed heavily in the ultimate decision," Merlino said.

An attorney for APK said in a statement Friday afternoon that his clients have proven they are "qualified" for the job, having passed four separate inspections to obtain the bid since applying in February 2012.

"My clients are confident that if their experience, qualifications and proven willingness to meet the township’s standards are reviewed in a fair manner by the Township Council, they will obtain a township license for towing along with any and all other qualified companies that have submitted a bid," said Michael Botton, the attorney representing APK owners Matthew Zucaro and Jason McGee.

Botton has said that his clients did nothing wrong and were following instructions from a Seaside Heights official when Sandy hit. 

"On the date of the hurricane, my clients were instructed, specifically by James Samarelli, Coordinator of the Office of Emergency Management, to remove every vehicle off of the island, no matter where it was, and to bill the owner for the service," 

In January, a settlement was reached between APK and the state Division of Consumer Affairs, under which the owners of the about 50 unclaimed vehicles and watercraft in APK's possession were given 21 days to claim their items before they are sold by the state for scrap. The proceeds from those sales will be used to reimburse the vehicle owners who had paid APK to retrieve their property prior a November 2012 agreement.

That initial agreement allowed for the return of more than 70 vehicles and watercraft to their registered owners at no charge. But some had already paid APK "significant sums" to reclaim their property before the agreement between APK and the state was reached, according to the Division of Consumer Affairs. The agency said that is likely the unclaimed items were left by owners because they were damaged beyond repair and were covered by the owners' insurance.

Also under the settlement, APK was assessed $15,669 for the state’s investigative costs, a fee that is suspended and will be vacated after one year, but will become payable if APK fails to comply with the settlement terms, officials have said. 

According to Botton, Seaside Heights denied the emergency tow order was issued to his clients after residents began complaining of price gouging. Further, he said that all pricing was fair and conformed with the figures in the borough's tow ordinance.

Samarelli, who has since resigned his post for personal reasons, denied giving the order to tow cars from private property, according to an Asbury Park Press report.

APK has filed a $2.6 million Notice of Claim against Seaside Heights, which indicates that a lawsuit may be filed against the borough, but "no civil action of any kind has been filed at this time," Botton said. The company claims that, by releasing the vehicles it towed as part of the state settlement, Seaside Heights agreed to pay for the work but has not.

"My clients are hopeful to resolve the matter with the Borough of Seaside Heights in an effort to restore their long-standing, working relationship," Botton said.

About this column: News and essential information about Hurricane Sandy in New Jersey. Related Topics: Hurricane Sandy and apk towing

ChiefWahoo

11:06 am on Friday, February 22, 2013

Something stinks in Seaside Heights and its not the dirty beach.

I actually believe the lowlife tow truckers more than the public officials.

Just waiting for the kickback stories to come next.

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Walter Cunningham

11:08 pm on Sunday, February 24, 2013

Why would they hire a company that is suing it's former employer?
That would be like hiring someone for a job and them telling you "I might need a few weeks off after I start to attend the harassment trial against my former employer."
Technically not legal but who would hire someone who sues their employer? Not worth the headache.

Mr. ?

11:16 am on Friday, February 22, 2013

Yup! Both SSH and SSP seem to be a news blitz of late. Ritacco, cops, towing, Saw Mill and ..................................Hmmm. Connect the dots SSH, SSP and TR.

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Mr J

11:28 am on Friday, February 22, 2013

If APK did nothing wrong following orders of a Seaside Heights official . Who was that person? Why have they not had to answer for ripping off all these people who have already been though so much.

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CCGG

11:29 am on Friday, February 22, 2013

OMG, all of these guys are characters out of the Sapranos show, there's nothing sacred in NJ
They maybe selling that crap to the bumbs out thre that are trying to sell flood cars on Craigslist,......it's a food chain of cirruption.

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bernie

11:50 am on Friday, February 22, 2013

Priced Rite should get it hands down. Have dealt with them a few times. Prices are great, service is awesome and there equipment is perfect. APK shouldn't be in business and whoevers orders they followed should be fired as well

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Exit82

5:13 am on Saturday, February 23, 2013

Hire them. They will fit right in. APK Towing and "The Pope," perfect together.

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i see it all

11:50 am on Friday, February 22, 2013

morals were broken and cars were stolen...its funny that a tiny tow company got nabbed but you dont see any of the other large companys involved in the area..because those companies would have secured a writen contract before doing a single damn thing....shame on you apk...same on you sleezside and shame on the people that acutally use this trash.

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i see it all

11:50 am on Friday, February 22, 2013

if someone told u to jump off a bridge would you? i hope the prosocutors office grows a set and finally charges apk with grand theft auto and theft by deception. just because consumer affairs let them off light doesnt mean the prosecutors office has to...and i hope seaside sues apk back for legal fees for that bogus lawsuit....wheres your official office of emergency managment contract or a contract from fema or anyone for that case for permission to move any cars....i dont see it...i dont think anyone has...bc ure criminals just like your old pal citywide

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I have spoken

11:50 am on Friday, February 22, 2013

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7YXQF7/$file/Complaint.121709.pdf

Here's some interesting reading about Mr. Botton.

Birds of a feather DO flock together.

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Lina Ding

12:17 pm on Friday, February 22, 2013

Priced rite towing is almost as bad as APK. Both are ripoffs.

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WMS826

2:23 pm on Friday, February 22, 2013

Funny how nothing reported is ever what it truly is. If the press told you the tow company followed orders from a smacker OEM volunteer there would be no story.

They charged hotels and gas stations all over the state with gouging, why did these guys not get charged, because. They did nothing wrong.

Ask around about off road towing fees...ask anybody who ever got stuck on the beach how much that costs. These prices are about in line what complicated recovery work would be. And not everyone was charged this price either, the simple recoveries were a lot less.

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Halpha2

3:04 pm on Friday, February 22, 2013

This story sucks, who really cares. The patch should do a story about all of the whining and complaining on their site.

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Argo

3:04 pm on Friday, February 22, 2013

It makes me laugh how everyone is jumping all over these guys for this. Here is a company of blue collar workers that are directed in the middle of the storm of the century to move every damn car off the island...because in reality, the owners should have had the cars off the island and evacuated. In any event, every vehicle on the island was a hazard, a potential piece of debris, road hazard, bodily injury hazard, fire hazard by being pushed through houses and businesses and out into the ocean...so get them all out... In doing so, these guys towed cars that were flipped over, under houses, on top of each other, filled with water, and under up to and possibly over 4 feet of water...they busted their asses...but they shouldn't get paid? They should charge $100 for a tow? They shouldn't charge storage fees for holding these cars on property that they had to rent because they had too many cars and were directed to do so? Can we all take a moment to think about the fact that this was an Emergency situation, that maybe the politicians were frantic? That maybe they weren't so wrong in their order, that maybe by removing all of these vehicles that people's homes and businesses may have been saved by damage they would have caused? It amazes me how everyone jumps to conclusions without knowing the whole story. And if they were so wrong in what they did, why did Seaside agree to pay their bill, but now saying its too high? They did nothing wrong and deserve the Toms River bid

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Rob

3:51 pm on Friday, February 22, 2013

ARGO-YOU MUST BE NUTS OR IS IT THAT YOU WORK FOR THESE CROOKS.

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john doe

5:13 am on Saturday, February 23, 2013

because in reality...good one.

bassintime

3:04 pm on Friday, February 22, 2013

@ Michael Botton esq. you would sell your mother for a dollar.... you crooook.
APK have proven they run a scumbag car garage feeding off of others misfortune. They are lucky they didn't get closed down permanently. If they are awarded the township tow license you can be certain someone is getting their hands padded!!

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i see it all

3:51 pm on Friday, February 22, 2013

argo did they take ure car...cuz they took mine..$2500 dollars lol get real the ordinance was 105 for the hook...my car was in a parking lot and my car was there 4 days after the storm..must of been a hell of a recovery....bull.....rot apk...u will not tow for tomsriver u clowns..see you at the meeting

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Argo

4:25 pm on Friday, February 22, 2013

Did you pay for the tow, to APK? Cause if you did, you would have been reimbursed. If you read between the lines there is alot more to this story than meets the eye, and unfortunately its the little guy who will suffer, the wrongdoer who resigns and walks (no statements by him whatsoever) and the politicians deny deny deny. Seriously look at the damage from the storm, do you think what they did was easy, that just cruised right on in and stole vehicles...no...impossible, it was hard work and they did it because they were ordered to. Open you your eyes if you see it all.

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I have spoken

5:13 am on Saturday, February 23, 2013

@Argo

You mean this little crook....I know a whole town and then some who know they are scum. I being one of them.

I heard from very reliable sources they have been dropped from the TR bid.

Michelle V

4:25 pm on Friday, February 22, 2013

APK Was patrolling Ortley in the summer pulling cars out of lots illegally. I personally had a run in with the dirtbag. they do not deserve another chance...there are hundreds of tow companies to choose from...just not all have the politicians on the payroll. To Argo, they towed cars out of people's driveways....not just cars on the street. A thief is a thief

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Mark Lynch DC

4:37 pm on Friday, February 22, 2013

APK towed vehicles from peoples driveway and backyards. They were told to only tow vehicles that were parked in the streets. They even towed a boat sitting on a trailer in the owners yard. They should be grateful for the light sentence they got, keep their mouth shut and lay low for awhile.

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i see it all

4:37 pm on Friday, February 22, 2013

Argo do u work for Apk.. Cars takin out of yards over in the island.. Exclusive rights over there with 3 other large better equipped an more responsible company's over the bridge..the other companies stayed out of it due to an absence of a written contract or request.. I'm a first responder know the facts.. Where's apks written contract or written authority..... THERE IS NONE

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i see it all

4:37 pm on Friday, February 22, 2013

An yes it was easy except for a select few... They were back an forth ever 5 mins.. You must of been oblivious

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i see it all

4:37 pm on Friday, February 22, 2013

Also I didn't seek reimbursement.. That wasn't enough for my aggravation an me almost fighting... It was my daughters car an I had to pay for it.... So I retained an attorney an am going for the throat

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Finally!!!

5:13 am on Saturday, February 23, 2013

Finally the truth is told!!! You people can not even read between the lines! You have Samerelli who just "resigned"? Heat was on him bc he lied! Truth be told!!! Finally. All those crooked politicians for once have ppl standing up for what was right! Yes they towed the cars!
Yes they were ordered! If you people removed ur vehicles like normal people do there would be no story here to write! They worked day and night like someone else mentioned And got screwed! You people all jumped on the bandwagon and literally judged before knowing the
truth and details! KUDOS TO APK for going against those crooked politicians in Seaside who turn their heads when the heat was on! Looking to blame the little guy got
you this time! I love how everyone blamed APK blame Samerelli. He's the main man. And Boyd defending him! His hand was in the cookie jar somewhere!!!! Dominoes!!!

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I have spoken

11:08 pm on Sunday, February 24, 2013

@Finally....."Finally the truth is told!!! " NOT by you. They should've hung over this. The only reason they didn't is because Consumer Affairs is a lazy joke. Thre always settle because it easier.

PEOPLE call the purchasing departmeny at town hall 7323-341-1000 and let them know how you feel. All comments make a difference.

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Walter Cunningham

11:08 pm on Sunday, February 24, 2013

Samarelli resigned because his house got destroyed you creep.

its over

5:13 am on Saturday, February 23, 2013

I've been at the apk station when there was a sketchy towing incident, and i know the practices of samarelli.they are both scumbags.samarelli thinks he runs everything, cocky ass.I'd like to see him up in irvington paid fire company Acting like he does.all white trah losers

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its over

5:13 am on Saturday, February 23, 2013

Apk mechanics said they had no Affiliation with apk towing when a customer came in about a towed truck.it was there for days.mechanic guys offered to pay apk her balance and give her 500$ and she could walk away.he work at the shop and he was part of apk.poor women lost her car.scumbags

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Lanoka Lou

5:13 am on Saturday, February 23, 2013

Argo must be the "A" in APK...LOL

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ed crowley

5:13 am on Saturday, February 23, 2013

Who authorized them to go into Seaside Heights?. Why were they allowed thru the police check points? Why did the police not charge them with theft? Why no fines for their actions? When will the reporter get answers to these questions? I am sure these questions have been asked.

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barbara

5:13 am on Saturday, February 23, 2013

Just dont understand \how they can still be in business, as they ripped off so many people. mabe he, the owner is a relative of someone in the county omg, makes me sick.o tired of all these polotocal connections in this county.........

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Ken

5:13 am on Saturday, February 23, 2013

There is no way Toms River should license them. If they do then you know there is some kkind of kick back

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Laci

5:13 am on Saturday, February 23, 2013

Maybe next APK will try and sue the Patch and it's posters for all the negative publicity. Seems this company spends alot of money paying lawyers to do their kicking and screaming. Wonder why Botton and not Secare was their attorney of chose in this case?. Stick a fork in them, there done........

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I have spoken

11:08 pm on Sunday, February 24, 2013

Botton should always keep in mind when he defends a repulsive criminal against a victim....That one day the victim will find something about him on the www and share it with all.....DID YOU NOT THINK I'D FIND THIS????

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7YXQF7/$file/Complaint.121709.pdf

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ed crowley

10:15 pm on Monday, February 25, 2013

I have spoken has made a good question is this the same lawyer that is being accused by the Attorney General of Florida. Check out his link

Alaina

5:13 am on Saturday, February 23, 2013

Priced Rite Towing is the one to go with. Honest and dependable. APK should have their operating license revoked

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Finally!!!

11:08 pm on Sunday, February 24, 2013

@Ed-all good questions! Answer-SAMURELLI AUTHORIZED IT!!!! He was in charge of this fiasco! He GAVE THE ORDERS! Boyd praising what a great job he did!!! What a joke! I wish APK could sue all you slanderers really! It's a shame they are being blamed for
this! Hard working guys who busted their butts getting your vehicles out of there. I guess no one knew Sandy was coming!!! Do your contractors want to be paid for post Sandy or do they say "oh your a victim of the storm so I'll do it for free". Just like those tow drivers claiming they would tow your cars for free after the impound. The guy tried charging people ! Joke. Everyone loves to yap not knowing the TRUTH and the real deal! Complaining of cars being towed off property properties? Ask MR SAMURELLI WHY HE ORDERED IT! Not APK! That's who needs to answer questions! Why such a quick resignation? Sounds fishy to me!

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Richard J. Thomas

11:08 pm on Sunday, February 24, 2013

These crooks are not needed here. Let them go get a towing contract in Newark where they belong.

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i see it all

11:08 pm on Sunday, February 24, 2013

Like I said Argo answer me.. Where is the written contract? You know signed by town council, oem, police, mayor,Santa clause, Easter bunny, pope?! There is none...they should have known better...

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ed crowley

10:15 pm on Monday, February 25, 2013

Why did the police let them cross the bridge? Why did the police on the island allow them to tow? Where is the story police watch while cars stolen? Why have they not been charged ? Either the police or the towing company.

butch cassidy

11:08 pm on Sunday, February 24, 2013

like to see you people do the job mr samarelli did..what ever you feel about him he saved lives during that storm..he took charge and got things done..apk over stepped their bounds accept responsibility apk and get over it

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ed crowley

10:15 pm on Monday, February 25, 2013

Do you think they were asked to tow and over stepped the request or that they were not asked and were acting on their own.

i see it all

10:17 am on Tuesday, February 26, 2013

Need not worry no license for Apk!

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mjmjr

2:02 pm on Friday, March 8, 2013

this got to be a joke,NO LICENSE

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