All three companies have misleading and illegally worded towing signs posted in the wrong places. Should anyone be towed or charged a drop fee by any of these three towing companies, for any reason, you are urged to contact the law firms of Norred Law, or WaltersDunn to recover the civil liability penalty, from the parking facility, not the towing companies.
Those towed within the Fort Worth city limits should contact the Police to file criminal charges against the wrecker driver and whoever gave authorization. TDLR staff educated Fort Worth PD over a four day period regarding the legislative mandate law enforcement enforce the towing and vehicle storage facility law.
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| Fails to state: "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" |
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| Fails to state: "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" |
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| Fails to state: "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" |
According to Texas Towing Law, a towing sign posted that lacks the phrase, "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" is a violation.
Another common violation by these companies are installing the towing sign for the apartment complex in the wrong location. There is no leeway, the sign must be posted no farther than 25' from the street, "facing" the driver when entering and if the driveway or curb cut exceeds 35' in width, a towing sign must be posted on both sides of the driveway. Below is a photo of how and where the sign must be posted.
Another common violation by these companies are installing the towing sign for the apartment complex in the wrong location. There is no leeway, the sign must be posted no farther than 25' from the street, "facing" the driver when entering and if the driveway or curb cut exceeds 35' in width, a towing sign must be posted on both sides of the driveway. Below is a photo of how and where the sign must be posted.
Sec. 2308.404. Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter.
(a) A towing company, booting company, or parking facility owner
who violates this chapter is liable to the owner or operator of the
vehicle that is the subject of the violation for:(1) damages arising from the removal, storage, or booting of the vehicle; and(b) A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a).
(2) towing, storage, or booting fees assessed in connection with the vehicle's removal, storage, or booting.
(c) A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle's removal, towing, storage, or booting.
Also noted, a violation of this nature is a criminal offense,
Sec. 2308.405. Criminal Penalty.
A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,500 unless it is shown on trial of the offense that the person knowingly or intentionally violated this chapter, in which event the offense is a Class B misdemeanor.
Since law enforcement across the DFW region refuses to intervene in private property towing issues with clear violations of the Texas Towing Law, it is now recommended those motorists whom are victimized by any of three towing companies and the police agency where the vehicle was towed from refuse to do anything, that you contact the Dallas FBI office at (972) 559-5000.
The reason for contacting the FBI in this matter is because that police agency by not intervening during the commission of crime is considered "aiding and abetting" a criminal enterprise, being the towing company.
It's important to remember to photograph the towing signs, where they are posted, since they can't be any farther than 25' from the street and do not have any contact with the towing company or property manager after paying your vehicle out at the storage lot. Watch this video to understand the type of photographs or video required to win your case in court.
Be sure to file a complaint against the towing company with the Texas Department of Licensing & Regulation (TDLR) because the sign lacks this required language with no added text. This violation is considered an unauthorized tow that will get the towing company fined $2500+.
While law enforcement continues to ignore the oath they took to uphold the laws of Texas, the Courts are beginning to award damages to motorists who appear in Court with documented proof of a violation. In Dallas County, file all your suits for statutory violation in JP Jasso's court.
Nobody has lost a case filed for a statutory violation so far, so take advantage of your rights guaranteed by State Law and be awarded the damages you are entitled to.
