Incompetent Nueces County JP Janice Stoner Stuns Tow Victim with Verdict in Favor of Tow Company

Yesterday in Corpus Christi, before Nueces County Justice of the Peace Janice Stoner, a tow victim brought a probable cause hearing for the towing of his vehicle from a private parking lot.  By all merits, the tow victim had 9 documented violations of the Occupation Code Chapter 2308.251 - 2308.404.  The documented evidence included photographs of an illegally worded tow sign mounted behind a pole not conspicuously facing the driver.

This Judge, who is not an attorney, left the bench to make a phone call because she appeared confused, only to return to the bench ruling the tow company had probable cause because the "Occupations Code had nothing to do with private property".

The victim was in utter disbelief that an elected Judge would make such an outrageous statement.  It's no wonder illegal towing victims in Corpus Christi are disgusted with the behavior of towing companies there.

As I told the victim, the battle has just began, as he should immediately  file a complaint with the Texas Commission on Judicial Conduct for Stoner's incompetence in not knowing the law.  Then file an online complaint with the Texas Department of Licensing & Regulations against the tow company license, the tow truck operator's license and vehicle storage facility license, for the documented violations with the evidence he has gathered.

The next step after these complaints are filed, he should contact David Walters at 512-236-1114 for legal representation in going after the parking facility owner, management company or authorized agent.  This statutory violation hearing process is to recover the civil penalty that he will collect from the parking facility for committing the violation(s).  

In his case, it will be filed in County Court with a jury since JP Courts are not allowed to award more than $10,000.  The victim has 9 documented violations which would be $9000 if the Judge or Jury convicts on all 9 counts, based on what the law states.  Then, he would figure three times what he paid to get his vehicle back, $293.30 and multiply that number times 9 ($7919.10) bringing the total civil penalty to $16,919.00 plus the filing fee.

The only way one can expect Justice in any tow hearing, is to request a jury trial, the filing fee is the same as that of a tow hearing.  So if you lose the tow hearing, since lying and hearsay is permissible, don't hesitate going to the next phase and file a statutory violation hearing with the assistance of an specialized illegal towing attorney.  Keep all your documents, photographs and recorded conversation from the tow hearing.  Matter of fact, if you win the tow hearing, use exactly the same evidence and file for a statutory violation hearing, the filing fee is the same.

Border Patrol agent confronts wrecker driver at gunpoint

Via email, a wrecker driver was caught by an armed Border Patrol agent, while attempting to enter his govt issued unmarked truck at his apartment complex where he lives this past Saturday night.  According to Agent Morales, the driver's passenger began talking shit, threatening to kick his ass. Them Morales identitys himself as a BP agent as the wrecker driver tells him to back away from the vehicle. Morales tells the driver he is not towing that vehicle,  All three of them start hollering, a neighbor  wakes up to the comotion and calls 911.  As the wrecker goes to lift the truck off the ground, Morales tells him again, this time with his weapon drawn and orders the wrecker driver out of the vehicle, just as McAllen Police units arrived on scene.  Acording to Agent Morales, McAllen PD knew the wrecker driver to have outstanding felony warrants for his arrest and placed him custody.  Agent Morales saved his vehicle from being stolen, as the towing company did'nt have a towing agreement with for the property.  It was later learned, the wrecker driver had been stealing vehicles for quite sometime and was on parole.  The passenger in the tow truck was also detained for failure to idntify, which while at jail, it was learned he was an illegal alien. 

Tow Victim Wins $5700 Statutory Hearing Judgement Even With Vehicle Released at No Charge

The latest victim of predatory towing in Dallas County, towed from an apartment complex while visiting a relative, scored a big win for $5689.36.  The victim, who asked not be named, in fear his relative would be evicted, produced a video detailing 7 statutory violations of the Texas Towing Law within the parking facility, obtained several recorded conversations with the property manager, maintenance staff and employees of the towing company.  The victim's wife had urged him to drop the issue, since their vehicle was released at no charge.  But the violations were obvious, others were being towed that didn't get their vehicles back for free and the victim knew several of those towed.

In all, there had been 138 vehicles reported to the Dallas Police Department by the towing company as being towed from this location since October 1, 2013. This was according to the Open Records Request submitted to obtain the total number, which was used to prove "recklessly", to which the Judge agreed.

So, during the testimony and after submitting all the evidence gathered by the victim, the Judge found the property supervisor who signed the tow agreement guilty on 5 violation counts.  The folks from the apartment complex and management company appeared stunned and looked over at their towing company representative.  All along the property manager kept denying everything until the recorded conversations were played in Court.  Then the Judge reminded her that she was under oath, even though she was caught in a lie about receiving something of value.

Our good Judge who upholds the Towing Law as written found them guilty and ordered them to pay the victim $1000 for each of the 5 violations plus the costs to repair his vehicle after the tow truck operator slim jimmed his door disabling the window switch inside the door panel.

So, this proves, even if your vehicle is released for free, or your charged a drop fee, or you have to pay it out at the storage facility, the parking facility is liable for any number of violations within the parking lots vehicles are being towed from, regardless the reason the vehicle is being towed.


Don't waste your time with a tow hearing, go after the parking facility with a statutory violation hearing, there is no deadline for filing as with a tow hearing.

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.

Just think, pay a $100 boot or drop fee at some parking lot and walk away with no more than $10K with documented violations within the parking facility.  They key is not to list the towing company when filing against the parking facility.  After the parking facility is found guilty, file another statutory hearing against the towing company to collect from them, the same judgment amount against the parking facility.

This victim had an attorney representing him, as is recommended in any court proceeding, although you are not required to have an attorney.

Either way, the victim and his wife were quite pleased on the outcome, for their inconvenience that night his illegal towing incident occurred.

File Statutory Violation Lawsuit Instead of Tow Hearing to Recover Damages from Illegal Towing

Be sure to read this!

You should as a vehicle owner or operator file a statutory violation lawsuit in Justice Court against the parking facility owner, property management company or owner managed.  The filing fee is the same, even if you request a trial by jury.  In a majority of JP Courts, the fee is less than $50, which you will get back.

This route for recovery is based on any violation, such as the towing sign failing to bear the exact words: "Unauthorized Vehicles Will Be Towed at Owner or Operator Expense", or the wrong layout of the sign. 

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Many towing companies will add words to this required phrase, making the sign illegal and a violation of Law.  A vehicle towed for any reason from a parking facility with a illegally worded towing sign is entitled to a $1000 plus the filing fee at the bare minimum.  If you are towed for a permit violation while visiting a tenant, or even a resident, and the parking permit has the name of the towing company on it, your in luck.  As the parking facility commits a violation by accepting something of value from the towing company.  This goes for those orange warning stickers as well, always record the conversation when questioning who placed the sticker on your vehicle.  If the property manager says the towing company did it, they will be paying you more than you will pay to get your vehicle released from the storage facility.  It's like short term investing with a high return.

Dallas Apt Ass President's company, Westdale Asset taking bribes

Another common violation in apartment complexes are restricted or designated parking spaces, every restricted parking space must be marked in the front and back on the pavement or posted no higher than seven feet off the ground.  The majority of carports are over 8' from the ground, where the number is painted. Visitor or Guest spaces must be marked on the pavement in the front and back of the parking space. This would be a violation as well. $1000 award plus three times what you paid at the storage lot, in addition to the costs of repairs for damaged done to your vehicle or content during the removal and storage process.

Towing sign placement is another blatant violation committed by parking facilities statewide, as the sign can be no farther than 25' from the street and the requirement of two signs should the driveway exceed 35' in width as shown below.

no signs posted as required by State Law

sign posted within 25' of street on both sides of driveway

Judge Ruled Against Towing Company, awards $1800

Even if someone is charged a drop fee on private property, the parking facility is on the hook for a $1000 per any violation of the towing law, as the wrecker driver was given authorization by the parking facility to enter the facility.

Illegally worded Fire Lanes enforced by parking facilities can be proved easily, as the Texas Towing Law requires they say in 3" letters, "FIRE LANE  TOW AWAY ZONE", not as shown below.

Illegally worded when not designated by fire department

In these types of statutory violation lawsuit in Justice Court, a judge doesn't have the legal authority to award less than a $1000 plus the filing fee, as vehicle's owner or operator is not required to prove negligence of a parking facility owner or the towing company or vehicle storage facility to collect for committing the violation(s).  If the number of violations exceed 7, it's recommended to file the statutory violation hearing in County Court instead of JP Court to be awarded in excess of $10,000, as several parking facilities have already been cited for 12 violations or more, that would place the total dollar expected to recover at $22.558.80 if $293.30 is paid at the storage lot.

Property managers tend to lie less during a statutory lawsuit before a jury with a court reporter while under oath, when asked two key questions.  (a) did you provide written notice to the towing company that you or your maintenance staff installed legal towing sign? (b) okay, who did install the signs, including all the signs under the carports, attached to the fence for visitors parking with the towing company's name and phone number on it. These questions have always opened a can of worms the towing company representative will be squirming in their chairs, as the truth will unfold the towing company gave the parking facility alot of things of value.  Although, a couple of Judges have raised doubt about something being of value, but each time, the Judge is asked, through their attorney or themselves, if he believes campaign donations from towing companies and their law firms are something of value, he claims on his Campaign Finance Report.

So remember, after your vehicle is towed without your consent, instead of wasting your time with a tow hearing, just file for a statutory hearing (no 14 day filing deadline) against the parking facility, leave the towing company out of the filing petition.  You have to begin gathering the evidence, take lots of photos, video of all of the parking lot features and record the property manager, assistant manager, maintenance personal stating a service is provided by the towing company.  Be absolutely sure to record every conversation while at the vehicle storage facility when trying to retrieve it.  The verbal abuse, threats of harm and refusal to provide all the information on the reciept are Integrity violations that the Texas Department of Licensing & Regulations will hold accountable any of their licensees that violation this regulation.  That's why it is so important to record audio and video while at the vehicle storage facility when attempting to retrieve it, after the paying the charges.

Consult any of the attorneys listed on texastowingcompliance.com if ever towed from private property or simply file the case yourself.  If you have any questions, call or text with photos of the towing signs, the 24 hour tow victims hotline at 512-680-3190.  This is not legal advice, I am not an attorney, but I did write the original draft of the towing law in 1991 and the rights to a stored vehicle owner in 1994, so I know exactly what the towing and vehicle owner rights law means, how it should be enforced, how victims of illegal towing can get their money back and direct them to resources to file complaints and criminal charges.

Recent Judgment for Illegal Towing in Dallas, victim read the law, proved the violation and won.

Just keep in my mind, should you lose in Court, you don't have to worry about paying the attorney fees for the parking facility or towing company.

Texas Towing Compliance Legal Teams are situated across the state and will represent you in a statutory violation lawsuit with a valid case with no upfront legal or filing fees.  This is deal you will find nowhere else except with attorneys who work directly with tow victims who seek assistance through Texas Towing Compliance.  Call us, so we can get you in touch with them. 

For additional information, visit texastowingcompliance.com....

TARRANT COUNTY ABANDONED VEHICLE REMOVAL by State of Texas

Nicholas J Massey, the owner of Tarrant County Abandoned Vehicle Removal in Fort Worth, Texas was fined $1,125 by the Texas Department of Licensing & Regulations for failing to cooperate with an inspector in the performance of the inspection.

From the TDLR Agreed Orders Database for all of their occupation programs they regulate:

MASSEY, NICHOLAS Company: PENDRAGON TRANSPORTATION LLC City: FORT WORTH County: TARRANT Zip Code: 76119 Company: TARRANT COUNTY ABANDONED VEHICLE REMOVAL INC. City: FORT WORTH County: TARRANT Zip Code: 76119

License #: 543334VSF Complaint # VSF20120010701

Date: 10/30/2013 Respondent is assessed an administrative penalty in the amount of $1,125.

Respondent failed to cooperate with an inspector in the performance of the inspection.

Two San Antonio area Towing Companies Want to Give You $1600 for Christmas Shopping

Two towing companies in San Antonio, Bexar Towing and Atlas Towing are eager to give vehicle owners or their operator, $1600 each time they park and pay.

San Antonio's most hated company Bexar Towing has began posting illegal towing signs in an effort to scam motorists.  The parking lots with these illegal signs are throughout Bexar County and you have to park and be towed at those with the signs below posted.  If you allow your vehicle to remain in storage for three weeks, the award is $2000.

Across town, Atlas Towing is still towing vehicles with illegal signs posted, even after the San Antonio Police warned them that doing so comes with consequences.  The latest location Atlas is offering money is the Crescent Oaks Apartments located 5830 Medical Drive.  This complex has two driveways and only one sign (illegal) posted in a bush.

The property manager at Crescent Oaks Apartments is eager to pay everyone that has been towed $1600 each and you could have been towed six months ago.  Crescent Oaks goes as far as towing without legal signs posted at both driveways, shown below.

So, find your receipts and take whatever property owner or manager these illegal towing signs are posted at to Justice Court to collect your Christmas shopping money.  It's also advised that everyone towed file an online complaints with the Texas Department of Licensing & Regulations and file criminal charges with the San Antonio Police Department at 210-207-2348.

Bexar and Atlas both are proud members of the San Antonio Apartment Association.

Both tow company owners will tell you the deadline to file has passed, but that is not a tow hearing.  To get the $1000 plus triple damages, you file a statutory violation hearing, as there is no deadline to file this type of hearing and you don't have to prove negligence on behalf of the tow company or parking facility. 

Vehicle Storage Facilities Continue to Violate State Law Daily, Prepare Yourself for Verbal Abuse & Racial Slurs

You ALWAYS want to record (audio/video) all conversations while at the vehicle storage facility when attempting to pay the charges for your vehicle.  If the storage lot receipt does not provide these three specific items, do not hesitate to file an online complaint with the Texas Department of Licensing & Regulations against the Vehicle Storage Facility.  They will be held accountable and issued a fine.  You can take a photo of all your paperwork and the audio/video file and email them to enforcement@tdlr.texas.gov after filing your online complaint, so the investigation can proceed quicker.

Always ask them to explain the charges to you!

When the Impound Fee is mentioned, ask what services were provided, the date and time.  Since you will be paying this fee, your entitled to a copy of the vehicle inventory.  It's important that the TDLR license number of the person who completed the inventory is written on the document. In alot of storage receipts I have received from tow victims, the time the inventory and mvr was completed at the same time frame.  This is not possible, period.  Someone has to to verify the vehicle is secure, windows rolled up, doors locked and an inventory of vehicle contents and body damage, it can take up to 10 minutes to complete.  The mvr is ran from inside the office from a computer, the same computer all your vehicle records are located.

Always question the paperwork and never sign any document other than a credit card reciept or the notarized released document.  They cannot refuse to release your vehicle after payment has made because you refuse to sign their business documents, this includes tow tickets.

Vehicle Storage Facilities who are members of the Southwest Tow Operators continue to be belligerent and violate the Vehicle Storage Facility Act daily, as many are still refusing to provide the name of the person who authorized the tow, the TDLR license number of the tow truck operator who towed the vehicle and the vehicle storage facility employee who released the vehicle.

 

The person collecting your money at the storage facility or the tow truck operator is required by State Law to show you their license, so you can write down their name, license number and expiration date.  If they refuse, call the Police, since many have an expired license or no license at all. You want to call the Police to verify that person is licensed, so if they do not hold a valid license, get an offense report number and file a complaint against the storage facility with TDLR.  If that person at the storage lot becomes belligerent and uses racial slurs, be sure to record that conversation to file a complaint against that person for an Integrity violation with TDLR.

"Bivins Wrecker Service in Weatherford was fined $1500 on 9/5/2013 for their company President, Billy Heiser busted for working in a vehicle storage facility with an expired license".

All three of these requirements are violations of State Law that carry stiff penalties, suspensions, revocation and arrestable offenses by law enforcement.

 

Other examples of Vehicle Storage Facilities that are refusing to obey State Law for failing to provide statutory information:

 In all of these receipts, all fail to provide the name of the person who authorized the tow.

If they fail to provide the name of the person who authorized the tow, the 14 day deadline to file the request for tow hearing is not applicable.  In 94% of all statutory hearings filed in illegal towing cases, the storage facility refused to provide the name of the person who authorized the tow.  In every statutory hearing, the parking facility owner or manager admitted under oath they received something of value from the towing company.

Of course, their are many storage lots and towing companies that obey the law and provide all the required information, but there is a growing number of dishonest company owners throughout Texas who shield the towing authorization person. One in particular, advertises they will pay all legal fees and judgement in Court for illegal tows, as shown below:

If you encounter hostile vehicle storage facility employees, record everything.  Do not stop recording them, as they are recording everything you say and do. Give us a call while at storage lot at 512-680-3190 if you encounter problems and send every document you were given at the storage lot, so I can inspect them for possible violations, since the majority of vehicle owners or operators are unaware of the regulations the storage lot and towing companies must obey.

Take photos or video of vehicles while walking to your vehicle after submitting payment that have missing windows that are not covered to secure the vehicle.  You will want to include them with your complaint email to TDLR enforcement for additional violations they will be fined for.

You must prepare yourself before heading to the storage facility, learn more by reading this.

Marty's City Auto of Galveston Busted & Fined by State of Texas for Dishonesty and Lack of Intergrity

Complaints with TDLR take awhile, but those Galveston Island towing companies who steal vehicles and charge unauthorized drop fees are finally being fined by the State of Texas.

Marty's City Auto has illegal towing signs posted throughout Galveston Island and continue to tow vehicles illegally knowing their influence with the Galveston Police Department is a landfall in ill gotten gains.

According the the TDLR Final Orders database, on October 26, 2013, the owner of Marty's admitted to violating State Law, the very state law which carries a criminal penalty that Galveston Police refuse to enforce.  Hopefully, the cops will do something soon to charge those responsible for admitting guilt to multiple criminal offenses.

The public is encouraged to keep filing online complaints against towing companies in Galveston, if towed from private property since there are no legal towing signs posted.  You should not expect the Galveston Police to assist you if it involves private property towing issues, especially the unauthorized drop fee racket that continues unabated.

For your own safety, never sign a tow ticket or any non-notarized document at their storage lots.
Record the entire event when dealing with tow companies in Galveston, especially Marty's since his drivers are not drug tested as required by State Law. It's best to have a CHL when being confronted by a tow truck driver in Galveston.

Company: MARTY'S CITY AUTO, INC. City: GALVESTON County: GALVESTON Zip Code: 77550 License #: 2176VSF Complaint # VSF20120012105

Date: 10/26/2013 Respondent is assessed an administrative penalty of $3,250. An administrative penalty of $2,500 is assessed for TOW20120012104; and an administrative penalty of $750 is assessed for VSF20120012105.

Respondent failed to conduct towing operations with honesty, trustworthiness, and integrity; Respondent failed to adopt and implement an alcohol and drug testing policy; Respondent failed to preserve records and information required by the Department.

Metro Parking Solution and Westdale Asset Management Engaging in Criminal Conduct for Financial Gain Against their Residents and their Visitors

Everyone towed by Metro Parking Solutions without their consent from within the Euless, Texas city limits are urged to file an online complaint with TDLR and call the Euless Police Department (Lt. Starnes 817-685-1532) to file a offense report for violation of the City Wrecker Ordinance, if your vehicle was stored at 4115 Goddard Road, Fort Worth, Texas.

According to Euless Police Chief Mike Brown, any vehicle towed from their city from private property must be stored at a storage facility no farther than 3 miles of their city limits.  In addition, towing companies are prohibited from randomly patrolling parking lots as well, as every tow must be called or faxed in by the parking facility owner or manager.

The storage facility that Metro Parking Solution is towing vehicle to is 10 miles from Euless.

What got our attention with Metro is that a victim of criminal illegal towing called about his vehicle being towed for an expired inspection sticker with only an orange warning sticker given.

 

According to the property manager of Murfield Village Apartments (that was recorded) which is managed by Apartment Association of Greater Dallas President Elect Barbara Middlebrook's Westdale Asset Management.

"The towing company stickers the vehicles as part of their "service" agreement", which is a statutory violation of the Texas Towing Law committed by whoever signed the towing agreement.  State law states: a towing company or booting company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility, and a parking facility owner may not directly or indirectly accept anything of value from: a towing company in connection with the removal of a vehicle from a parking facility.

You can clearly see in the above photograph, the warning sticker printed by Anchor Graphics of Lewisville has Metro Parking Solutions name and phone number on it.  The parking facility is prohibited from receiving any financial benefit from the towing company in connection with the removal of a vehicle.  This statutory violation in itself would entitle the vehicle owner or operator to collect $1000 plus triple whatever you paid to retrieve your vehicle from the apartment complex owner and/or management company.  So you can better understand the issue, read the Attorney General Opinion JC0554.

But the President Elect of the Apartment Association of Greater Dallas believes it's okay to accept criminal solicitation from towing companies and she is exempt from the Code of Ethics for their Association that elected her. Sends the wrong message to apartment management companies that accepting something of value from a towing company is okay, when it fact is will be costly.

In regards to filing a complaint with TDLR; this complaint should be against the storage facility for failing to provide the name of the "person" who authorized the tow, not the name of the apartment complex.

 

From an email of this latest victim of criminal predatory illegal towing:

On October 9, 2013, at approximately 1:40 AM, or so the orange sticker says, I was left an orange sticker by a representative of Metro Parking Solutions in Fort Worth on my car at the Murfield Village Apartment complex at Westdale Hills in Euless, TX on Monterrey Blvd. claiming that my car had an “expired inspection” and that it was “abandoned” under Texas Transportation Code.  I have not been able to afford the repairs to bring it up to speed and it’s my only way to get to and from work.  It indicated a 10-day notice.  I received nothing else and heard nothing else…I kept on using my car on and off…..until the early morning hours of October 25^th when my car was removed without further notice.  I heard nothing else, and then I found the sticker and called Metro Parking, who verified that my car was in their possession and I would have to pay $293 to get it out.  I went to my apartment complex who said that the "law didn’t apply to them" because they are private property and they refused to do anything.  I even pointed out a specific lease clause that requires the apartment complex to provide 10 days notice to me.  They stated that the "towing company’s notice" on my windshield was sufficient. 

State Law and the courts says the orange warning sticker means nothing for expired inspection or registration sticker notification, watch this video and see for yourself that Signature Towing company of Plano was fined for the same exact illegal and criminal behavior by Metro and Westdale.

Since this original email was sent, the Euless Police Department has opened a criminal investigation into the matter and expect to file criminal charges against the property manager and tow truck operator that towed the vehicle without probable cause.

Complaints with TDLR have also been filed by this victim against Metro Parking Solution's towing company and vehicle storage facility license for failing to provide the name of the person who authorized the tow and an unlicensed employee doing the vehicle inventory at their storage facility.

Anyone else towed from this apartment complex should file a statutory hearing against  Westdale property management instead of a tow hearing, regardless when you were towed by Metro, there is no filing deadline and the filing fee is only $36 in JP Court.

Another issue, which will have to be addressed is why the President Elect of the Greater Dallas Apartment Association believes the law doesn't mean anything to her company. Their involvement with Metro Parking Solutions, the former salesman, Scott Gorby and saleswoman, several of their drivers are former employees of Abandoned Vehicle Enforcement that was closed down.