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Tuesday, October 29, 2013

Parking Facilities Across Texas Duped by False Insurance Coverage by Towing Companies

video

Apartment Complex managers, their supervisor, parking facility owners and property management companies everyday are lied to about the insurance coverage of their towing company by a professional con artist a/k/a tow company salesperson or owner.

Many towing companies will give the parking facility a certificate of insurance as part as their towing agreement to remove vehicles.

What most property managers don't know, is that the $1M in Garage Keepers Liability does not cover anything that happens on their property. Some towing companies will go as far as using "white out" to change the Garagekeepers to "General" indicating they have General Liability, which would cover any damages caused by the tow company employees while on property, when in fact they don't.

Since more tow company owners are learning they can't use contract drivers on their payroll,  thanks to the IRS, most apartment complex and commercial property management companies require the tow company have true Workers Compensation Insurance for their employees. Workers Comp insurance is very expensive because every employee is required to be covered that draws a paycheck from the towing company.

The most recent revealed Workers Comp Insurance fraud, is where a tow company will place two of their employees with a Staffing Agency that pays the tow company 2 employees and the Staffing Agency provides a certificate of Workers Comp Insurance for the two employees employed as contract drivers for the towing company.  The video above is of Dan Messina, owner of Park Right Solutions LLC and founding father of Southwest Tow Operators.  You can hear firsthand from Dan how easy it is to dupe property managers into believing they have nothing to worry about.  (it's not uncommon to discover the employees covered on the certificate are not currently employed)

Every parking facility would be wise to routinely verify the insurance certificates of their towing company with the Texas Department of Insurance and the Texas Department of Licensing & Regulations to verify licenses of all of their tow truck operators are valid and unexpired.

If your towing company has provided false insurance documents, don't confront them about it, instead call the Dept of Insurance to let prosecute them and send your tow company a cancellation notice by fax to protect your property and residents.

Friday, October 25, 2013

Austin Tow Company Owners Are Frustrated With Zero Enforcement of Towing Laws by APD

Exerts from an email to APD Detective Loosier with the Austin Police Department Wrecker Enforcement Unit sent October 22, 2013:

Yesterday during our brief telephone conversation, you stated that "you" could not prove the parking facility accepted something of value from the towing company.  I find that hard to believe, since we, our attorneys and many victims have taped confessions of property managers and owners accepting something of value and JPs across the state are finding them guilty during Statutory Hearings for committing statutory violations, all of which carry a criminal penalty.
  
Many of the cases in Austin that you said there was no violation, the Court found them guilty during the Statutory Violation hearing before a Judge based on what the law states, so which is it?
  
Why has the wrecker enforcement unit repeatedly allowed certain towing companies to engage in organized criminal activity with zero interference from law enforcement, the same criminal behavior other law enforcement agencies investigate and file criminal charges against "all" involved?

Case in point, the signs posted by Alberts towing from 32nd and Red River fail to contain statutory text and for some reason neither of you have cited the parking facility or the towing company and this has is going on for 4 years, that's right 4 years, APD has allowed this to continue, unabated.
2 Statutory Violations: 2308.302(b), 2308.301(b)(5)(B)

1 Statutory Violation: 2308.302(b)
These three statutory violations are criminal offenses as well and every vehicle towed from this parking lot was illegally towed because of noncompliant towing sign posted.

Why have you and Ballard allowed towing companies to engage in organized criminal activity with zero intervention to stop it. The WEU has gone downhill since the days Ken Cannaday was the LT and Donald Baker was the Commander. 

Towing companies who obey the law are suffering and losing business because other towing companies are successfully bribing parking facility owner/managers that you claim not to be able to prove.

I know you cannot explain why Southside Wrecker gets more Rotation Request calls than anybody else, especially drivers who never been to Austin before.  I know as well as others, APD officers at collision scenes are soliciting business for Southside just by mentioning their name to drivers, instead of putting it out for rotation.

Like I told you yesterday, it's that CULTURE that has developed within APD for more than 50 years and it's all linked to the owners of Southside Wrecker who are current and former APD police officers.  Like I said, many towing company owners are being forced out of business by organized crime because APD WEU refuses to get involved for whatever reason.

When will it stop?  

Many believe the problem lies with Sgt Cummings.  It's evident under Cummings' leadership, the number of criminal charges filed for the criminal penalty of the towing law or "stings" has severely dwindled.

Many believe Lt Frank Rodriguez would better serve the citizens of Austin leaving no stone left unturned to stop the ongoing criminal behavior of tow truck companies, tow truck drivers and parking facility owners/managers.

Even the Wrecker Ordinance is outdated to deal with the predatory private property towing issues now, the bill of rights required by city ordinance has still not been updated to conform with the Texas Towing Law amendments, that would benefit victims of illegal towing greatly.

Property managers and owners across Austin have come to believe accepting bribes from towing and booting companies are allowed since APD has never enforced Law in 20 years.

Sec. 2308.401. Parking Facility Owner Prohibited from Receiving Financial Gain from Towing Company or Booting Company.

(a) A parking facility owner may not directly or indirectly accept anything of value from:
(1) a towing company in connection with the removal of a vehicle from a parking facility; or
(2) a booting company in connection with booting a vehicle in a parking facility.

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.

Austin residents, their guest, businesses and tourists are under assault and the key players in these predatory towing companies (criminal enterprises) know, based on their influence with the APD culture, nothing will ever be done.

Mr. Charles Johnson, general counsel with the Texas Department of Licensing & Regulation over the towing program, has told the towing industry, based on State Law, they can only do two things for a parking facility; (1) provide the "towing sign" and (2) do the towing

Because APD has allowed things to get so far out of hand with the public being taken advantage of because of bribery and outright stealing within the local scene tow companies, many respected towing company owners are considering selling out, to keep from losing everything.

Makes many wonder if the now famous video of Park Right Solutions owner admitting to bribing police officers, committing workers comp fraud and cheating wage and hour employees hold some merit.

I thought with the hiring of Acevedo as Police Chief, change would occur, but that APD culture has prevented it from happening.

AVOID Denton County JP Precinct 1 - Judge Holland for Tow or Statutory Violation Hearings if you expect Justice to Be Served

This past Monday, a Denton County JP ruled in favor of Texas Impound Services LLC in a tow hearing about a vehicle being towed for an expired inspection sticker.  At issue was the orange sticker that was placed on the vehicle in question by the towing company.  State Law is very clear on this issue, but JP Joe Holland without judicial authority ruled the orange warning sticker was sufficient to meet the notification requirements of the Texas Towing Law, Occupations Code 2308.253(d).

(d) Except as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle removed from the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the vehicle registration law of another state or country; or

(2) a valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of another state or country.
(e) A contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or operator of the vehicle to be given at least 10 days' written notice that the vehicle will be towed from the facility at the vehicle owner's or operator's expense if it is not removed from the parking facility. The notice must be:
(1) delivered in person to the owner or operator of the vehicle; or
(2) sent by certified mail, return receipt requested, to that owner or operator.

So others who have been burned by this Judge, you should file the statutory violation hearing against the apartment complex owner and property manager to recover the civil penalty of $1000 plus triple damages in any other Denton County JP, instead of a JP who refuses to uphold a State Law that has been in effect since 2009.

Watch the video below and you will see this Judge like many others continue to violate the rights of motorists daily.


It's very important that anyone who has been towed for this reason, to file an online complaint against the towing company and tow truck driver for committing this violation of State Law.

This latest victim to be scammed by the towing company, property manager and Judge Joe Holland stated in an email after court: "I'm in shock that a judge would literally rule against a written statute that the respondent openly admitted to violating."

It's also important to remember, a vehicle owner or operator can file their tow or statutory violation hearing in any Justice of the Peace in Denton County or any county the vehicle was towed from.

 

Wednesday, October 23, 2013

Tribble & Son Wrecker Service Admission of Guilt Document Released

The Texas Department of Licensing & Regulations has released the Agreed Order documents that contain the investigation of Anthony Tribble, owner of Tribble & Son Wrecker Service.

Tribble's signature to the agreed order is an admission of guilt.  Read the entire report so you can make your decision about calling this company for any towing related matters.

Agreed Order  (this is a pdf file, so will have to download it)

Saturday, October 19, 2013

Corruption in College Station is Unfolding and Some to be Surprised Who's Involved

The case in McCleary's court that Anthony Tribble brags about winning the tow hearing with no towing signs posted, the owners of The Backyard across from campus are being sued by everyone towed from their property by Tribble & Sons Wrecker service for failing to have a towing sign posted within their parking facility and failed to provide written notice stating the owners of the Backyard caused a legal sign to be installed.  These jury trials will take place in Bryan, Texas at 300 S Texas Avenue.

Since Anthony Tribble and his employees has been caught scamming motorists by the Texas Department of Licensing and Regulation (TDLR) and fined $15,750 plus two years probation. This should serve as notice to the rest of the towing companies, you will be held accountable and your accounts will pay the civil penalty award for committing violations of the Occupations Code 2308.301. This past Thursday, October 17, 2013, TDLR placed an Enforcement Hold on the license for Tribble & Sons Wrecker Service.
To make matters worse for Tribble, his company, Tribble & Sons Wrecker Service has 18 additional cases filed with TDLR against his company for towing vehicles from private parking lots with illegal towing signs posted.  The Agreed Order that Anthony Tribble signed states his license will be revoked for a year if he committed additional violations of State Law and City Ordinances, to which he already has and continues to do so.  All 18 if these additional cases have retained attorneys to sue the parking facility for the statutory violation civil award because of these illegal towing signs that Tribble instead of the parking facility installed.

Just to illustrate Anthony Tribble's lack of trustworthiness, the towing sign shown in the photo below is posted on the adjacent property. According to the store manager, he gave nobody from the Backyard or Tribble & Sons Wrecker Service permission to install their signs on his property.

If you have been towed from the Backyard, send me an email, pat@texastowingcompliance.com or call the 24 hour towing victims hotline at 512-680-3190.
In addition, the towing signs posted on the Texas A&M campus provided by A-1 Towing will not withstand a legal challenge, as they are illegal also.  Unless a vehicle towed from A&M property is authorized by law enforcement, everyone is entitled to a $1000.

Not One Legal Towing Sign Posted in College Station or Bryan, Texas Everyone Entitled to $1800 if $300 is Paid to Retrieve Your Vehicle

 Wrong layout and towing symbol
Illegal towing sign

 fails to state, Unauthorized Vehicles Will Be Towed at Owners or Operators Expense
Illegal towing sign

 Fails to state who may park and prohibit all others
Illegal towing sign

  Wrong layout and towing symbol
Illegal towing sign

  Wrong layout and towing symbol
Illegal towing sign

 fails to state, Unauthorized Vehicles Will Be Towed at Owners or Operators Expense
Illegal towing sign

 Wrong layout and towing symbol
 Illegal towing sign

 Wrong layout
 Illegal towing sign
 Wrong layout, towing symbol and fails to state, Unauthorized Vehicles Will Be Towed at Owners or Operators Expense
 Illegal towing sign

Wrong layout
 Illegal towing sign

All of the towing companies with illegal towing signs posted have stated their sign might not be in accordance to what law says the sign must state, but the sign is proper notice.  As I have again and again, the towing sign must be exactly what State Law says, the right layout, contain the statutory text and the statutory International Towing Symbol.

There is only one International Towing Symbol

Add caption
Illegal towing sign

IIllegal towing sign

Illegal towing sign

The Texas Occupation Code regarding towing is regulated by the Texas Department of Licensing & Regulations and the Courts are supposed uphold the law as it's written, something Brazos County JPs have not done over the past 20 years.

State Law regarding towing signs state and look exactly as shown below:



 Sec. 2308.302. Color, Layout, and Lettering Height Requirements.

(a) Except as provided by Section 2308.305, each sign required by this chapter must comply with the color, layout, and lettering height requirements of this section.

(b) A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate sign placed immediately above the sign.

(c) The portion of the sign immediately below the international towing symbol must:
(1) in lettering at least two inches in height, contain the words, as applicable:
(A) "Towing and Booting Enforced";
(B) "Towing Enforced"; or
(C) "Booting Enforced"; and
(2) consist of white letters on a bright red background.
(d) Except as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required by Section 2308.301(b) displayed in bright red letters at least one inch in height on a white background.

(e) The bottommost portion of the sign must contain the telephone numbers required by Section 2308.301(b), in lettering at least one inch in height and may, if the facility owner chooses or if an applicable municipal ordinance requires, include the name and address of the storage facility to which an unauthorized vehicle will be removed. The lettering on this portion of the sign must consist of white letters on a bright red background.

It's these technical violations that enables the vehicle owner or operator to collect $1000 plus triple damages from the parking facility instead of the towing company.  Some ask why sue just the parking facility, it's the parking facility that must provide written notice they have caused a legal sign to be installed to the towing company.

But, many parking facility owners and property managers take the advice of a towing company regarding compliance with State Law which in many cases is wrong, as you can see in all the illegal towing sign photos above provided by towing companies.

Matter of fact, the towing company can only provide the towing sign and do the towing, if the towing company installs the towing sign, the parking facility commits the violation of accepting something of value from the towing company.

So, everyone towed from public or private parking lots in Brazos County (College Station and Bryan), your entitled to monetary damages from the parking facility.

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
(2) towing, storage, or booting fees assessed in connection with the vehicle's removal, storage, or booting.
(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).

(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.


It's extremely important to file the tow hearing, which you can only get back the towing fees and filing fee, or the statutory hearing, which you can get $1000 plus triple what you paid to get your vehicle released from the storage facility, or paid a tow truck operator a drop fee, in Brazos County JP Lara - Hooge's court located at 200 S. Texas Ave, Bryan, Texas.

State Law was changed this past session that allows the tow or statutory hearing to held at any JP Court within the county the vehicle was towed.

In reference to the statutory hearing, our attorneys will take your statutory violation lawsuit with no upfront legal fees and will get every dime your entitled to from the parking facility owner. You can reach the attorneys at 512-236-1114 and there is a 2 year statute of limitation on filing deadline. So if you were towed since Sept. 1, 2013, someone is going to pay you for being inconvenienced and their criminal behavior.

Again, if you expect justice in illegal towing in Brazos County, you will need to file your tow hearing in Judge Lara-Hooge's court in Bryan, as the other JPs have allowed towing companies and parking facilities to knowingly violate the Texas Towing Law since 1991.

If you get towed and any of the above illegal towing sign is posted, take photographs of the signs posted and file an online complaint with TDLR against the towing company for an illegal sign posted, they will be fined $2500.  It's also recommended you file a complaint against the tow truck operator as well.

For more information, call the 24HR Tow Victims Hotline, 512-680-3190.

TDLR places Enforcement Hold on Tribble & Son Wrecker Service' License

On October 15, 2013, the Texas Department of Licensing & Regulations placed an Enforcement Hold on Tribble and Son Wrecker Service's operating license.

Under no circumstances should you use this company for any towing related service and if your vehicle is towed from private property without your consent, you will be entitled to $1800.00.



Company Information:
Name:   TRIBBLE & SONS WRECKER SERVICE DBA:   NO DATA
Owner/Officer:   ANTHONY TRIBBLE / OWNER
Phone:   9792609131
Certificate Information: Status:  Under Enforcement Hold
Number:  006277047C (Under Enforcement Hold) Carrier Type:  Tow Truck Company
Number of Active Tow Trucks:   4

Address Information
Mailing:
4951 MUMFORD RD
BRYAN, TX. 77807

Physical:
4990 WELCOME LN
COLLEGE STATION, TX. 77807 
 

Saturday, October 12, 2013

Tribble & Sons Wrecker Service Fined $15,750 by State of Texas for Dishonesty

The agreed order signed by Anthony Tribble acknowledging his dishonesty.

A towing service located in College Station, Texas was subject of an investigation by the Texas Department of Licensing & Regulations and the College Station Police Department.  The owner of this towing service, Anthony Tribble created two towing companies in addition to the primary company, Tribble & Sons Wrecker Service in an effort to secure police rotation calls for wrecked vehicles.

Due to Anthony Tribble's dishonesty, the Texas Department of Licensing & Regulations concluded that Anthony Tribble, owner of Tribble & Sons Wrecker Service conducted towing operations without honesty, trustworthiness, integrity and operated his companies with an expired license.  Everyone charged a towing fee during the time his license was expired is due a full refund, if the towing involved private property towing, every driver would be entitled to $1800 from the parking facility that gave authorization to tow the vehicle.

The City of College Station has since began using a sole source provider for towing service used by the College Station Police Department.

Tribble's problems continue to grow as the Court has found him guilty of towing from private parking lots with improper signs posted and more complaints are filed everyday by vehicle owners for their continued criminal behavior of illegal towing.  Even more financial problems are coming to Anthony Tribble, many of the parking lots they were towing vehicles from with improper signs posted, those property owners and management companies are being sued in Hooge's court for a $1000 plus triple damages.

The case in McCleary's court that Anthony Tribble brags about winning the tow hearing with no towing signs posted, the owners of The Backyard are being sued by everyone towed from their property by Tribble for their well documented dishonesty.

TRIBBLE, ANTHONY

Company: AJ'S WRECKER SERVICE
City: COLLEGE STATION
County: BRAZOS
Zip Code: 77845

Company: LONE STAR WRECKER SERVICE
City: COLLEGE STATION
County: BRAZOS
Zip Code: 77845


License #: 6277047C

Complaint # TOW20130013467
Date: 9/23/2013

Respondent is assessed an administrative penalty in the amount of $15,750. Respondent's license will be placed on a probated suspension for two years beginning on the date of this order.
Respondent operated a tow truck company with an expired license; Respondent conducted towing operations without honesty, trustworthiness, and integrity.

If you search the License #6277047C by adding two zeros before the 006277047C using the TDLR database, you will see all these companies are linked to:

Company Information:
Name:   TRIBBLE & SONS WRECKER SERVICE DBA:   NO DATA
Owner/Officer:   ANTHONY TRIBBLE / OWNER
Phone:   9792609131
Certificate Information: Status:  Active
Number:  006277047C (Active) Carrier Type:  Tow Truck Company
Number of Active Tow Trucks:   4

Address Information
Mailing:
4951 MUMFORD RD
BRYAN, TX. 77807

Physical:
4990 WELCOME LN
COLLEGE STATION, TX. 77807

If anyone is towed from private property by Tribble without your permission, Brazos County JP Hooge wants you to file your tow hearing or statutory violation hearing in her Court, so you can get your money back. Even if you were towed two years ago by Tribble from a private parking lot without your consent, the vehicle owner or operator is entitled to $1000 plus three times the towing bill.

The Texas Department of Licensing & Regulation that gave Tribble a probated two year suspension (same as adult probation) of their operating license so they can continue to extort money from the citizens of Bryan and College Station.

Since the State of Texas is going to allow a corrupt business to remain in operation, it's going to be up to the College Station Police Department, the Bryan Police Department and Brazos County Sheriff to enforce the criminal penalties that Tribble and other towing companies are committing on a daily basis.  Any violation of the towing law carries the same criminal penalty of a first offense driving while intoxicated, a Class B misdemeanor and any additional offenses, felony theft, dollar value of the vehicle.  So there is no valid reason why Brazos County area law enforcement shouldn't be enforcing the criminal offenses of the towing law. 

Do not file your tow hearing in the JP Boyett's or McCleary's courts if listed on the storage reciept provided by Tribble or any towing company at their storage lot.

File all towing related causes of action in JP Lara-Hooge's court in Bryan if you want your case decided based on what the law states.  Also, you can request either the towing hearing or statutory violation hearing be heard by a jury.  There is no deadline to file the statutory violation hearing, but their is a 14 day deadline to file for the towing hearing.  If the storage receipt fails to contain the name of the person (not the business name), the 14 day deadline is invalid.

Whatever you do, never sign any storage lot business document or tow truck reciept if towed by Tribble or any towing company in College Station and Bryan.

Filing Complaints with Texas Department of Licensing & Regulations

When motorists find their vehicle missing from where they parked it, they assume it was stolen, only to be informed it was towed away.

The key in a filing complaint against towing companies and vehicle storage facilities, is to file a separate complaint against the: tow truck operator, the towing company, the vehicle storage facility and the vehicle storage facility employee.

Each of these four have a separate license issued by Texas Department of Licensing & Regulations.

Just filing a complaint against the towing company allows the tow truck operator to continue his illegal activities without repercussion, which includes a fine and possible suspension of their license.

The employees working at the vehicle storage facility seldom have complaints filed against them and their employer, the vehicle storage facility just pays the fine.. Motorists are verbally abused regularly at the vehicle storage facility by the vehicle storage facility employee and unless you file a complaint against them, they continue to harass vehicle owners.

It's highly recommended that motorists always record every conversation with a tow truck operator and vehicle storage facility employee, so you can backup your complaint with an audio or video file for investigative purposes by the TDLR.

Friday, October 11, 2013

RELIANT TOWING, GET READY FOR A NIGHTMARE!



This company is very dishonest, it's storage lot employees become hostile when asked to display their state issued VSF employee license.

They refuse to provide the name of the person who authorized your vehicle to be towed on the storage release receipt.  State Law requires they give the name of the person.

They will charge you a $50 notification letter fee on a Sunday when the Post Office is closed.

They will claim their phone lines are down in effort to get you to pay cash.

They were found guilty for illegal towing by a Judge.

They continue to tow vehicles without probable cause from apartment complexes, claiming your inspection or registration sticker was expired. The majority of vehicle owners or operators are unaware the apartment complex must send them a certified letter giving them 10 days to renew the sticker or be towed.  Reliant thinks they can bypass this requirement with an orange warning sticker. Reliant's tow truck drivers are required to take continuing education courses to retain their state license, one of the questions in the test, is "can I tow a vehicle with an expired inspection sticker with placing an orange warning sticker on a vehicle".  The answer of course is "NO".

Tow truck operators who are card carrying members of the Southwest Tow Operators, that Schroeder, Horton, Messina, Hull and Juliano all have a vested financial interest in, believe they are above the Law.

This company, Park Right Solutions,  A&A and J&J target apartment complexes occupied by minorities, knowing they don't have the means or knowledge to contest the towing of their vehicles.

Reliant claims on their website they are centrally located, tell someone towed from Pflugerville, Georgetown, San Marcos, Round Rock or Cedar Park that Slaughter Lane and Manchaca Road is centrally located, it's a 35 mile drive that can take upwards an hour or more to get there.  They offer to call you a cab, but refuse to pay the $120 cab fare when you arrive at the storage lot.  After the cabs leaves from dropping you, you could hear their credit card machine is down and only cash can be accepted. Several vehicle owners had to pay additional day of storage plus the $50 notification fee for what would been a normal $193.30 when towed at 10pm and released at 3am had Reliant not only taken cash.

Then you have to deal with verbal abuse from one of the "stoned" felons employed by Reliant who become irate and threatening when you ask to see their Tow Truck Operator or VSF employee license or refuse to sign their business documents after submitting payment, that State Law says you don't have to sign..

YOU ALWAYS WANT TO RECORD ALL AUDIO AND VIDEO when dealing with Reliant Towing, their storage lot at 10,000 Slaughter Creek Drive and any property manager or parking lot owner.

It's a nightmare with this company..

This business is nothing more than a criminal enterprise laundering money from organized criminal activity.

Every property manager or property owner that signs a "service agreement" with this company is subject to arrest each time a vehicle is towed, all because the authorization was a result of a bribe solicited by Mark Schroeder's employees that the property manager accepted. That is why State Law allows the vehicle owner or operator to sue the parking facility for committing a violation of the Texas Towing Statute.  Reliant and Park Right Solutions should offer the name of bail bonding companies for their property managers to call, after they are arrested for authorizing vehicles to be towed in violation of State Law. 

The best thing to do is call someone else if you need towing services, if you fall victim to these predators and forced to pay to get your vehicle released or dropped, call 512-236-1114 to collect $1000 plus triple what you paid in addition to the cost of repairs for damage to your vehicle caused during the removal and storage.

Always call 911 when you are about to engage one their felon tow truck drivers in a parking lot with your vehicle and never give their driver your credit card number unless a police officer is present. 

It's not uncommon to discover your vehicle damaged or burglarized as a result of towing and storage by Reliant Towing, Park Right Solutions or J&J Towing.

If you discover your vehicle has been burglarized while inspecting your vehicle at the storage lot, DO NOT open the doors to the vehicle, call 911, so a Crime Scene Unit can fingerprint and inventory your vehicle.

Never leave their storage lots until law enforcement arrives and gives you an offense report number if you discover damage or someone has been inside your vehicle and items are missing.

Neither Reliant or Park Right will provide you their insurance information to file claims for damage or theft. They will tell you to fill out a report and the manager will contact you. This should tell you they have no intentions of paying for damage caused by their tow truck operators

It's been talk around town, that Mark Schroeder, the owner of Reliant is going to merge with Park Right Solutions, so he can be with his con artist buddy Jess Horton, so Dan Messina who admitted to bribing police officers, committing workers comp fraud and cheating wage and hour employees, can manage their finances, as Schroeder is finding out his profit margins are disappearing because of all of the financial kickbacks given to property managers and the increasing frequency of TDLR fines.

Thursday, October 10, 2013

Do Not Sign Any Document at Vehicle Storage Facility Unless Notarized

A vehicle storage facility (VSF) licensed by the Texas Department of Licensing & Regulations cannot refuse to release a vehicle after payment has been made. VSFs around Texas are demanding vehicle owner sign their company documents before releasing the vehicle, some going as far as keeping the money and the vehicle until their extortion demand is met.

The only document that is required to be signed at the vehicle storage facility by the vehicle owner, operator or lien holder is the TDLR Form No. VSF011 and it must be notarized.

Under no circumstance should you sign any document regardless what the vehicle storage facility or towing company says.

If they refuse to release your vehicle unless you sign something, call 911, get the offense report number and file a complaint against the vehicle storage facility with TDLR, they will be fined for this behavior.

As I suggest on Texas Towing Compliance, you always want to audio/video record all conversations while at the vehicle storage facility, because some storage facility employees become irate, hostile and will threaten you when demanding to see their vehicle storage facility employee license card, or ask for the name of the person who authorized the tow.

If you encounter a vehicle storage facility employee or tow truck driver who displays an expired license or refuses to display this license, don't hesitate, call 911.

Towing News: Soliciting Bribes, Unlicensed VSF Employees

Towing companies who are members of Southwest Tow Operators continue to believe their "service agreement" with the parking facility exempts them from obeying the towing statute and TDLR regulations.  Charles Johnson, general counsel in charge of the towing program for TDLR has told every towing company, they can only provide the sign and do the towing, that's it.

As an example of criminal behavior, Capitol Tow in Dallas on their website states:  "our services can range from posting legal towing signs accompanied with property patrolling to instituting a parking system that allocates parking permits and parking spaces to residents, visitors, and staff".

Another direct violation of the towing statute, is Capitol Tow's C.A.R.S. program: "It’s all about gaining an edge within a very competitive market. C.A.R.S is just the vehicle, wink-wink, to obtain that advantage. C.A.R.S. is available to Communities in the Dallas/Fort Worth area and is offered at NO COST to the Community.

State Law strictly prohibits a towing company from providing free of charge to the owner of a
parking facility services such as roadside assistance or lot maintenance, including parking space striping and fire lane markings, sending certified letters for expired stickers in connection with the removal of vehicles from a parking facility.

State Law prohibits a towing company from directly or indirectly giving “anything of value” to a parking facility owner “in connection with the removal of a vehicle from a parking facility.” By the same token, State Law bars a parking facility owner from directly or indirectly accepting “anything of value” from a towing company “in connection with the removal of a vehicle from a parking facility.” Thus, State Law criminalizes both aspects of such a transaction. It is equally
applicable to the donor, as exemplified.

Therefore these service agreements between towing companies and parking facilities that include anything other than providing the towing sign and do the towing are absolute violations of State Law, a criminal and arrestable offense.

On another note, Tribble & Sons Wrecker Service of College Station thought they were tough guys, but TDLR sent them a $15,750 fine for operating their company without a valid license and without honesty, trustworthiness, and integrity.  Tribble will soon make the national wire with a news story by KBTX about them targeting football fans' vehicles while attending games, college students and their parents from parking lots with illegal towing signs they posted for free, not to mention the growing number of complaints still being filed against them with TDLR.

In Austin news, Reliant Towing garnered five calls for help yesterday from residents at an apartment complex near Far West and Mopac regarding their vehicles being towed for expired inspection stickers, none received the required certified letter allowing 10 days to update or be towed.  All were referred to our attorney to collect the $1000 plus triple the tow bill from the apartment complex management for committing the notification violation, in addition to filing complaints with TDLR against Reliant Towing.  (Reliant is also a member of Southwest Tow Operators)

Over at J&J Towing's storage lot yesterday afternoon, a vehicle owner called the Police because the storage facility employee refused to display his TDLR VSF Employee license, when the Police arrived, it was discovered this employee had an expired license. The police officer told this unlicensed employee a licensed employee is required to release the vehicle, which he did after payment was made. An offense report number regarding this unlicensed activity was generated, so when the vehicle owner files the TDLR complaint against J&J Towing, the TDLR investigator can validate the violation based on the police report.

Unscrupulous towing companies everyday knowingly violate State Law because of the advice and direction given them by Southwest Tow Operators.

Next week, I will be traveling to Dallas, San Antonio and College Station to testify as an Expert Witness for several illegal towing victims against parking facility management companies.  Many have asked why not go after the towing company for damages? The reason being is that the parking facility authorized the removal and decided to accept the bribe (something of value) from the towing company, therefore they must pay for their reckless behavior, $1000 plus triple damages.

Expired Inspection - Registration Sticker Scam by towing companies the apartment complex will lose in Court if the towing company sends the certified letter or places an orange sticker on the vehicle.

So you will better understand why towing companies think they can become millionaires at the expense of the motoring public, watch this video of the founder of Southwest Tow Operators teach others how bribery is key to a thriving business.

It's important to know your rights while at the vehicle storage facility retrieving your vehicle.


Tuesday, October 8, 2013

2013 ACL Festival Towing Scandal by J&J Towing Continues While APD Does Nothing

Austin City Limits fans who were attending concerts at Emos in Southeast Austin were taken advantage of by J&J Towing that parked in the Pizza Hut parking lot.  J&J Towing is recklessly towing vehicles from a parking facility that fails to comply with the Texas Towing Law, because the required signage is not facing and conspicuously visible to drivers entering from Riverside Drive nor posted within 25' of the street. 

They have a sign posted behind the garbage dumpster, but the Austin Police Department Wrecker Unit detective has already cited them because of the distance away from Riverside Drive.


All of the other driveway entering this parking lot has legal signs posted in the correct locations, but the driveway entering from Riverside Drive doesn't. I am still receiving calls on the Texas Towing Compliance Hotline (512-680-3190).

Last night, I was at this parking lot, while J&J drivers were towing vehicles, the sign is still not facing drivers when entering. I called J&J dispatch twice already regarding the sign post damage and discovered that J&J didn't fix the sign post that had been struck by a vehicle a month ago..



Everyone towed from this parking lot occupied by Riverside Liquor and Pizza Hut is entitled to $1600 each if they paid $193.30 to J&J to retrieve their vehicle at the storage lot.


The person writing you a check for $1600.00 is Latipac Commercial, INC, the property management company who signed a service agreement with J&J Towing to tow vehicles from this parking lot at 2023 East Riverside Drive.



Earlier this afternoon, I watched an employee of Frank Sapp, the owner of J&J Towing trying to straighten the sign post, I asked the employee if Frank was going to refund everyone towed over the past two months because the sign was not facing them as required by State Law.

So victims of this illegal towing scam, keep the paperwork you received from J&J Towing and contact the law firm of WaltersDunn at 512-236-1114 to receive what State Law says your entitled to, $1000 plus triple what you paid to retrieve your vehicle, in addition to the cost of repairs for damage to your vehicle caused during the removal and storage process.  J&J has a history of their tow truck operators using a slimjim to unlock the doors of locked vehicles prior to towing, which in most cases damages the locking mechanism inside the door or drag vehicles in park leaving flat spot on tires.

It's important to call 311 to file an offense report for a wrecker ordinance violation, so APD can arrest those wrecker drivers for their criminal behavior and to file an online complaint with the Texas Department of Licensing & Regulations against J&J Towing, so they can be fined.

Monday, October 7, 2013

Tribble & Sons Wrecker Service Found Guilty of Illegal Towing in College Station, Texas

I knew it was just a matter of time before Tribble & Sons Wrecker Service of College Station would be found guilty of illegal towing due to their illegal towing signs. On October 3, 2013, Brazos County JP Judge Vera Lara-Hooge upheld the integrity of the Texas Towing Law and found Tribble guilty of illegal towing due to improper signs posted.

With Judge Lara-Hooge taking a stand against the status quo and finding Tribble guilty for violating state law, this is proof those other JPs have purposely turned their courtrooms into money making machines for criminal enterprises disguised as towing companies who have for years paid bribes disguised as campaign donations in return for favorable rulings to their re-election campaigns.


The verdict rendered by this Judge sends a strong message that the status quo of towing companies ripping off motorists with illegal signage posted will pay dearly.  Everyone towed in Brazos County should file the towing hearing in this Court and this Court only, as the other JPs are unable to render a verdict based on State Law, rather the size of the campaign donation by the towing companies.




If you are towed from a parking lot with either of these two red and white towing signs posted, take photos of the signs, where they are posted and file for a tow hearing in Brazos County JP Precinct 2, Place 1. Since Tribble is still not providing the name of the person who authorized the tow on the storage facility receipt, the 14 day deadline to file the request for the tow hearing is not an issue.

To sweeten the pot, with a tow hearing judgement against Tribble or any towing company, a vehicle owner is entitled to $1000 plus triple damages for Tribble and the parking facility committing a violation(s) of the Texas Towing Law.  The current judgement in the amount of $334.95 would entitle the illegal towing victim to $2000.00 payable by the parking facility.

The College Station Police Department now has grounds to arrest Tribble's tow truck drivers when towing from parking lots with these type of worded towing signs posted, as no vehicle owner or operator would give these criminals permission to take their vehicles and demand a $300 ransom to release them.

Sunday, October 6, 2013

More Tow Hearings Filed Against Longhorn Wrecker Service & Capitol Tow

Vehicle owners are filing more tow hearings than ever before against Longhorn Wrecker Service of Dallas and Capitol Tow in Dallas County JP5 Juan Jasso' court.  Could this be the beginning of huge payouts by apartment complexes that allow towing companies to repeatedly violate the Texas Towing Law at the expense of their residents? 


Longhorn Wrecker can be expected to return to Court this month as 13 tow hearings were filed this past Friday because of illegally worded towing signs.  Capitol Tow will join Longhorn as well in Judge Jasso' courtroom as 8 tow hearings were also filed Friday afternoon.

Soon to follow will be Southwest Auto Tow for providing kickbacks to apartment complexes prohibited by State Law. 5 vehicle owners have contacted Texas Towing Compliance and all were directed to Judge Jasso's court and to file complaints with TDLR.


A towing company cannot legally offer special discounts to parking facility residents when the discount is offered in connection of the removal of unauthorized vehicles. Read the Attorney General Opinion reference this issue.

Another issue that has gotten the attention of Texas DMV are towing companies like Texas Impound Services, Black Bull, Longhorn, Excalibur, Capital Tow, Choice, Metro Parking Enforcement and Southwest Auto Tow, is unauthorized access to the motor vehicle records database. This along will get their attention, as unauthorized access is a felony offense. Violations of the Driver Protection Act carries a 2 to 20 year sentence in prison.  Based on sources within TxDMV, towing companies doing private property towing are using their vehicle storage facility database account to obtain vehicle registration information prior to the vehicle arriving at the storage facility, so they can send the notification letter for expired stickers at apartment complexes.  Last time I checked, the Post Office will not accept a Certified Letter without postage, therefore the towing companies listed above are providing a financial benefit to the parking facility, a violation of the Texas Towing Law.

Amazingly, all of these DFW area towing companies breaking the law are members of the Southwest Tow Operators, the same organization it's founder admitted to bribing police officers and property managers.

Keep filing complaints with TDLR if the name of the person who authorized the tow is not on the receipt you were given at the storage lot after paying for your vehicle.

Saturday, October 5, 2013

Tow & Statutory Hearings in Dallas County, Texas

With so many illegally worded towing signs posted at the wrong locations throughout Dallas County, everyone should challenge the towing of their vehicle without their consent.  It is highly recommended at all towing hearings regardless of where towed from within Dallas County, should file their request for the tow hearing in JP5 Judge Juan Jasso' court. (410 South Beckley Avenue, Dallas, TX)

Judge Jasso, unlike the other Dallas County JPs, doesn't base his decision on the size of the campaign donation, rather the facts of law.

It's VERY IMPORTANT to take a picture of the red and white towing sign at the parking lot you discovered your vehicle towed from. Get an up close picture of the sign text and where it is posted.  The towing signs must be no farther than 25' of the roadway or access, conspicuously and facing the driver when entering the parking lot.  The towing sign can be no lower than 5' to the ground or no higher than 8' high from the bottom of the sign.

Core Element of Texas Towing Law remains the same 20 years later, but seldom enforced


Office of the Attorney General
State of Texas


  March 10, 1995
Honorable Clyde Alexander
Chair
Committee on Transportation
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Opinion No. DM-330 Re: Whether a statutorily mandated sign furnished by a towing company to a parking facility constitutes "anything of value" in contravention of article 6701g-2, V.T.C.S., and a related question (RQ-696)

Dear Representative Alexander:

Your predecessor asked us to interpret the meaning of the phrase "anything of value" as it is used in article 6701g-2, sections 8 and 9, V.T.C.S.

Article 6701g-2 is generally concerned with the towing of unauthorized vehicles from parking facilities. Section 3(a) of the act permits the removal of such vehicles if the parking facility owner has given the vehicle's owner or operator adequate notice, which may include that "a sign or signs prohibiting unauthorized vehicles have been installed on the parking facility for at least 24 consecutive hours and remain installed at the time of towing." V.T.C.S. art. 6701g-2, § 3(a)(1).

Section 6 of the act provides the specifications for such a sign, which inter alia must be weather-resistant, at least 18 inches wide and 24 inches tall, and "contain a current telephone number, including the area code, that is answered 24 hours a day to enable the owner or operator of a towed vehicle to locate it." Id. § 6(b)(7). It is our understanding that generally the telephone number posted is that of the towing company which has arranged with the parking facility owner to tow unauthorized vehicles from that lot.

Sections 8 and 9 of the act prohibit the towing company from giving, and the parking facility owner from accepting "anything of value, directly or indirectly, from a towing company in connection with the removal of a vehicle from a parking facility." Id. § 8. These sections also prohibit parking facilities and towing companies which have such a relation from having a monetary interest in each other.

Ordinarily, your predecessor informed us, the signs mandated by the legislation, which cost approximately twenty dollars, are owned by the towing company whose telephone number is on them. Your predecessor therefore asked two questions: first, whether the giving and/or loaning of such signs by the towing company to the parking facility owner constitutes the offer of "anything of value" under the statute; and second, whether the parking facility owner or the towing company should bear the cost of installing the signs.

The act does not define "anything of value." We are therefore charged to read these words in accordance with their natural, ordinary, and popular meaning. 67 TEX. JUR. 3D Statutes § 100, at 674 (1989). We think it clear that, though the value of such a sign as that at issue here may be small, it is not nonexistent. The statute would plainly prevent a towing company owner from giving the parking lot owner a twenty-dollar bill, or a twenty dollar loan. There is no legal difference between the bill or loan, and the sign. A sign of this sort has a cash value, and is therefore a thing of value for the purposes of the statute.

As to your predecessor's second question, in our view the responsibility for placing the sign at the lot belongs to the lot's owner. Sections 3 and 4 of the act make this clear. Section 3 permits the parking facility owner to cause unauthorized vehicles to be towed if the proper sign is in place. Section 4 allows the towing company to tow unauthorized vehicles away if, inter alia, "the towing company has received written verification from the parking facility owner that the . . . owner has . . . caused signs to be installed." V.T.C.S. art. 6701g-2, § 4(a)(1).

The law imposes on the lot owner the obligation of providing notice to vehicle owners or operators by signs that meet its specifications.

SUMMARY

A sign of the sort required to be posted at a parking facility by article 6701g-2, V.T.C.S. is a thing of value for the purposes of sections 8 and 9 of that statute. The responsibility for posting such a sign rests, pursuant to sections 3 and 4 of the statute, on the owner of the parking facility concerned, rather than upon the towing company.

      Yours very truly,
      Morales signature DAN MORALES
      Attorney General of Texas
      JORGE VEGA
      First Assistant Attorney General
      SARAH J. SHIRLEY
      Chair, Opinion Committee
      Prepared by James Tourtelott
      Assistant Attorney General

Footnotes
1. It has been suggested that the gift or loan of such a sign may not be "in connection with the removal of a vehicle from a parking facility." We decline to read this phrase to refer to particular removals. In our view, it refers to the whole contract between the facility owner and the towing company and the arrangements incident thereto. To read the phrase otherwise would permit the sort of kickbacks the statute was designed to prevent, on the grounds that they did not relate to particular removals. Obviously, this is not what the legislature intended.

2. In our view, the loan of a sign is as forbidden as the gift of one, since the statute puts the burden of posting the signs on the facility owner. Accordingly, the provision of the signs by the towing company without compensation is a service to the facility owner, and therefore a thing of value.


*****  In the beginning, when I wrote the original draft to the Texas Towing Statute, there was a great deal of resentment among towing company owners,  as the intent was to regulate private property impounds, to create a fair playing field by establishing guidelines. Before the towing industry was regulated, there were no regulations to go by.  Towing companies would post small signs hidden in trees, in many cases no sign was posted, but the number of complaints began to grow, even though the impound towing fee was just $20.

Friday, October 4, 2013

Capitol Tow Inc of Dallas Found Guilty of Illegal Towing

This morning in Dallas County JP5 Judge Jasso's court, Capitol Tow was found guilty of illegal towing because the towing signs posted did not comply with State Law.  Lawrence Case even handed Judge Jasso the state law, but was dumbfounded when the Judge told him the statutory phrase, "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" was in quotes and nothing could be added to language in quotes.  Judge Jasso ruled in favor of the towing victim and ordered Capitol Tow to pay the judgement.

Expect a written news story in the Dallas Observer soon as their reporter was in Court today.


If anyone else is towed by Capitol Tow with this sign posted, take a picture of the sign and file for a tow hearing in Dallas County JP5 Judge Juan Jasso' court to get your money back.

Wednesday, October 2, 2013

H-Town Towing of Houston along with Houston Apartment Association Members Scamming Motorists with Kickbacks & Illegal Signs Posted

Everyone towed by H-Town Towing of Houston regardless the reason from a private parking lot are entitled to $1671.40 if you paid $223.80 to retrieve your vehicle at the storage lot.  The red and white towing signs provided by H-Town to parking facilities lack the required statutory text: "Unauthorized Vehicles Will Be Towed at Owners or Operators Expense" (No words can be added to this sentence in quotes)

In order to recover this civil penalty, you need to file a statutory hearing against the property manager or property owner since the majority of properties failed to install the signs themselves and allowed vehicles to be towed with illegal towing signs posted.

The signs below are posted at Hammerly Oaks Apartments, 8791 Hammerly Blvd, Houston, Texas.



Houston area property managers should stop accepting kickbacks from their towing companies as they will be sued instead of the towing company for monetary damages.

The towing company can only provide the towing sign and do the towing of the vehicle, anything else of value is a violation of State Law, an arrestable offense.  Some towing company offer parking lot striping, orange warning stickers, parking permits, golf carts for property staff to use, contribute to office staff Christmas parties and a multitude of other signage.  If the parking facility only has one driveway less than 35' wide, only one sign can be provided to the parking facility.  So some will better understand this issue of kickback or bribes, read this attorney general opinion, JC-0554 that was written September 12, 2002.  Nothing has changed in State Law regarding this opinion.

The Houston Apartment Association best advise their members that taking financial kickbacks and accepting bribes from towing companies are going to hurt their bottom line and Better Business Bureau rating, as they will be held accountable before a Judge. If they refuse or don't show up for a statutory or tow hearing, a motion to reset the trial will be made and whoever authorized the tow will be ordered to appear or face a contempt of court charge.

If your going to allow towing on private property, it's wise to be legal or they will be paying attorneys fees to represent themselves and paying judgement for violations of the Texas Towing Law.

If you accept anything of value from a towing company that is towing vehicles from your parking lots, you best ask the towing company if they furnish a bail-bondsman since the criminal penalty is a Class B misdemeanor.

Everyone towed from private property should take a photo of the red and white towing sign after finding your vehicle towed for evidence, then contact us. You also want to file an online complaint with the Texas Department of Licensing & Regulations against the towing company and the vehicle storage facility, if the name of the person who authorized the tow is not on the storage reciept.