Sunday, August 11, 2013

Good News from Justice Court for Illegal Tow Victims

Five vehicle owners have scored a big win across the state in Justice Court by going after the parking facility instead of the towing company for violations of the Texas Towing Law.

In Collins County, a local JP ruled in favor for a disabled resident towed for taking of two parking spaces, because the towing sign was attached to the gate that when opened hid the sign behind the fence. Because the towing sign was not permanently mounted, the Judge issued a judgement in the amount of $1617.39 against the property owner and management company. (Occupations Code 2308.301(a)(3))

In Brazoria County, a visiting JP ruled in favor for three vehicle owners towed from the same parking lot for different reasons, because the towing signs failed to bear the phrase: "Unauthorized Vehicles Will Be Towed at Owner or Operator Expense".  Each was awarded $1850.00 for this violation committed by the apartment complex management, who testified the towing company provided at no cost, the parking permits and letters to give to residents.

In Galveston County, a vehicle owner was awarded $2000.00 because the parking lot they parked at while in Galveston had signs posted that failed to state who may park and prohibit all others.

These latest cases in Justice Court proves this route is far better than the Tow Hearing to recover damages from illegal towing from private parking lot. It makes absolutely no matter what your vehicle may have been towed for, because if the parking facility is not 100% in compliance with State Law, the parking facility will be held accountable.