Friday, October 25, 2013

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.