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Friday, December 27, 2013

Tow Victims Bring 2013 to Closure with Big Victories

Great news coming in from tow victims across Texas, as not one has lost their statutory violation case!  In the latest string of growing victories, a property management company from Dallas was found guilty for taking something of value in connection with the removal of the vehicle from none other, Metro Parking Solutions.  In that case heard yesterday, the Judge awarded 14 vehicle owners $2027.09 each. 

Capitol Tow continues to bring smiles to apartment residents they tow from.  Lawrence Case thinks he knows the towing law, but the law he knows was taught to TDCJ inmates in vocational training prior to being released from prison with a fresh TDLR occupation license in hand.

The property manager in Arlington found out firsthand the seriousness of accepting something of value from Capitol Tow, the Judge ordered the bailiff to take her into custody, after learning 144 vehicles had been towed. in the past three months.  At issue, was that Capitol Tow provided the property manager a golf cart to be used by her staff and maintenance, the golf cart in question had a decal stating compliments of Capitol Tow.  After testimony was given, the Judge considered all the evidence the tow victims present and found the property manager guilty of Sec. 2308.401. Parking Facility Owner Prohibited from Receiving Financial Gain from Towing Company or Booting Company.  This victim left court with a $2398.17 judgement against the property owner and property management company.

Down in Jefferson County, a trucking firm scored a big victory involving their tractor trailer delivery truck towed from a mall parking lot in Port Arthur, the jury awarded $12,391.00, The two primary statutory violations were 2308.401 and 2308.251 issues.

Tow victims are learning the best way to recover monetary damages in connection with the towing of their vehicles is the statutory violation trial is by far the easiest route to win, verses a tow hearing.

The primary issue to remember when filing yourself or with legal counsel, is to sue the parking facility and not the towing company.  I recommend filing all the necessary complaints with the Texas Department of Licensing & Regulations against the tow company, the tow truck operator, so they can be dealt with.

Saturday, December 21, 2013

P Terry's Burger Stand Engages in Criminal Behavior to Scam Austin Families Attending the Trail of Lights


There is no Christmas spirit at P Terry's Burger Stand located at 404 South Lamar, as the owner of this business has chosen to scam families, by authorizing vehicles to be towed from his parking lot that fails to meet the minimum requirements of the Texas Towing Law.  In the above photo, the driveway entering from South Lamar is wider than 35' and would require two towing signs, one on both sides facing the driver when entering.


When entering P Terry's parking lot from Josephine Street near Butler, this driveway is also wider than 35' and you can clearly see there is no towing sign posted 5' off the ground facing the driver when entering.  P Terry's owner should be ashamed of taking advantage of families who attended the Trail of Lights, then forcing them to pay a $80 cab fare to Round Rock to retrieve their vehicles.


Of course, P Terry's will tell you there are signs posted but, the sign is two feet off the ground when State Law states the sign can be no lower than five feet off the ground, as you can see in the above photo. Minor variation in height is not 3 feet!

Based on prior illegal towing cases with Customz Wrecker Service, we know that P Terry's didn't install these signs that are posted, rather the towing company did, which is a violation of State Law.

So, at this parking facility of P Terry's, there are a total of six statutory violations of the Texas Towing Law, that have been committed by P Terry's owners against the citizens of Austin.  All of these statutory violations are criminal offenses, but APD's Wrecker Enforcement Unit has yet to hold a parking facility responsible for committing any of them.

Since the Police aren't going to do anything, State Law entitles everyone towed from this location to collect $1000 plus triple what is paid to retrieve their vehicle at the storage lot in addition to the filing fee.  If you pay $193.30, P Terry's will be paying you $1600.00.   On the bright side of this issue, you don't have to prove negligence of a parking facility owner.

Start 2014 with an extra $1600 payable by P Terry's by contacting Ryan Dunn at 512-236-1114, who will take your case on contingency.

You also want to file an online complaint with the Texas Department of Licensing & Regulations against Customz Wrecker Service because of the signage issue, they will be fined $2000 more than you pay to get your vehicle back. 

Update: Since the date of this post, the owner of P Terry's has made sure legal towing signs are properly posted.

Saturday, December 14, 2013

Meritage Steiner Ranch and Park Right Solutions Engage in Criminal Conduct to Terrorize Residents and their Guest


Everyone that has been towed from Steiner Ranch Apartments by Park Right Solutions is entitled to several thousands of dollars, if the stated reason is parked in the fire lane.


We have learned from residents there, that Park Right's drivers are not allowing someone to pay a drop fee when caught towing their vehicles, in several instances, the vehicle should have been released for free.

The evidence has already been gathered on this latest towing scam in Austin, Texas.

The property management company for this property, Steadfast Management Co, state on their website  this property manager at Steiner Ranch is to "be honest and forthright. Say what we mean, and mean what we say".  She can't be honest if she allows Park Right Solutions to terrorize her residents behind illegal towing and placing the towing sign 200' from the street.


The storage lot these vehicles are supposed to be towed to is 32 miles round trip and is located in a high crime area of Austin.  This is proof that the manager at Steiner Ranch is not concerned with the safety of their residents forcing them to retrieve their vehicles in an area frequented by prostitutes and drug dealers.  But then again, many of Park Right's tow truck drivers are convicted felons.

You want to make absolutely sure you and your friends use your cellphone to record the entire visit at this storage lot, read here to know your rights.  It will be used as evidence when you file a complaint with TDLR for the behavior of the storage lot employees.


Just to show you how dishonest this property manager and Park Right Solutions are, instead of vehicles being towed directly to the storage lot at 8140 North Lamar, Park Right's driver are stashing vehicles down the street at an unlicensed storage facility and returning to the property to tow more vehicles. It's a back and forth ordeal on these crooks.  We know this, because a resident who was towed yesterday videotaped the drivers unloading the vehicles offsite and return for more.

If you get towed from Steiner Ranch, please call 311 and file an offense report for a wrecker ordinance violation, so the Police can file criminal charges against the tow truck driver that stole your vehicle without probable cause. After you are issued an offense report number, send an email to Detective Ballard to arrange a time to give a written statement so charges can be filed.

If you see Park Right's drivers unloading vehicles in a parking lot down the street, call 911 to report them for "stashing impounds" and give the location.  Start recording the vehicles dropped at that location and file a complaint with TDLR. Even if your towed and a friend informs you that your vehicle is down the street, go get it, they cannot legally charge you any fee.  If you encounter one Park Right's felon tow truck drivers, call 911 as your life could be in danger.

It is recommended if towed from here, not to file for a tow hearing, rather contact the law firm of WaltersDunn, so they can file a statutory violation civil suit against the property management company, that will get you in the neighborhood of $3200 if you pay $193.30 to get your vehicle back.  This law firm will take your case on contingency and pay the filing fee.

To give you another idea how dishonest this management company is, watch this video of the Dan Messina, the owner of Park Right Solutions admit to bribing police officers, property managers, committing workers comp fraud and cheating wage and hour employees.

UPDATE: Christmas Eve, I was called today by the manager of this property informing me her property was private property and not to return to the property. She also stated that her prior towing company was contributing to Texas Towing Compliance. I told her I do not accept any contributions from any towing company like she has when she signed up with Park Right Solutions.  She informed me vehicles will continue to be towed from the improperly marked fire lanes and I advised her that 17 of her residents have already retained legal counsel to sue her, her property management company for violating her resident's rights, which are guaranteed by State Law.  In the end, I told her I am no reason to return to the property, as her residents have already gotten all the evidence to prevail in Court.  Should you encounter a Park Right tow truck operator trying to tow your vehicle from this property, they should confront the driver with whatever means to stop the tow and call 911 immediately.

Report Bandit Tow Trucks to TDLR wherever Found in Texas


When your driving around in your community, if you spot a pickup with this type of towing component, regardless where parked and it bears a regular license plate, take your cell phone and photograph the truck.  The photo must show the type of license plate above and email the photo to enforcement@tdlr.texas.gov.


Should you spot a tow truck or rollback hauling vehicles with no lettering on both sides that contain the company name, city and phone number, take photos like the one above and email them to enforcement@tdlr.texas.gov.

In the email, state:  Attached are photos of two different tow trucks, both have nonexistent TDLR numbers based your database, one has a regular license plate instead of a tow truck license plate and the other truck has zero markings to identify the name and phone number of the tow company.

These photos were taken yesterday and earlier today.


The only way for the public to protect themselves from predatory and bandit towing companies is to take photos as evidence and send them to TDLR, so they can made to come into compliance and be fined.

 



Thursday, December 12, 2013

Tow victims score wins across the State of Texas

Because of Judges who continue to accept something of value in return for favorable tow hearing rulings is one of the primary reason the law was changed regarding jurisdiction.   Tow victims are doing their homework, based on the website, and taking on their property managers before a jury.  The motoring public and economy are being preyed upon by organized crime while a majority of police and sheriff departments refused to get involved in private property towing related matters.  It's total "bullshit" a peace officer tells a tow victim their is nothing he can do, when in fact he should be stopping the tow truck driver leaving the property with their vehicle.

Just why is it?  Why is law enforcement allowing convicted felons to engage in organized crime and extortion of their citizens?  Geez, it's an arrestable offense and doing nothing violates The Hobbs Act.  There are cities that try to do their job, but are overwhelmed in their duties.

In Denton County, seven tow victims won their tow hearings over expired inspection or registration issues, each recieved credit on their rent the amount of the judgement and the tow company was fired.

In Bexar County, three tow victims from the same apartment complex that had illegal Atlas Towing signs posted won their statutory violation hearings against the apartment complex property management company. Each were awarded $3200.

In Dallas County, Judge Jasso's court has seen an increase in towing related cases, last 10 tow victims won their cases.

Tow victims are beginning to take an interest in getting what they are entitled to when ripped off by a towing company when towed from private property.

Wednesday, December 4, 2013

Denton Police Do Nothing As Predatory Bob's Towing Continues to Commits Felony Offenses Against Citizens & Tourists of Denton, Texas

Email from latest victim in Denton, Texas:

I have had a major problem with the tow truck company at my apartment complex. Several months ago I was towed from my own apartment complex they say because I didn't have a tag or it fell of or something. That may be legal they made me go up there and pay for it even though I lived there and I had proof of it. I didn't complain to hard about that although it left me broke with no rent money. I have since then witnessed on several occasions the same company doing things that I found out to be illegal. I have been outside and seen them come up checking tags which they do without complaints from the residents, just to make extra bucks because they know the complex is close to some of the popular bars in town.

I can understand the use of this but people don't often park there to walk over to the bars they don't like risking getting towed. This company is getting people who park just to drop off something at a friends place they are inside maybe 2 minutes, they come out the tow truck is backing up, now I have seen one woman beg tell them to wait just a minute and run into her apartment. When she went inside these men as quickly as possible hooked up her car while before they hadn't even started what is worse is when she came out she only had 110 dollars on her that she could pull together and you know what they said that was fine, they took her money issued no receipt although initially they had asked for 160. Now after these men at Bob's Towing were so rude to me when I was towed from my own complex, I have been interested in all the things they do when I happen to see them. I still wasn't completely sure of all the regulations involved, I saw a news report on the local news, they were talking about tow companies being obligated to let you take your car if you catch them before they have hooked it up or before they have hooked it up entirely. I never knew about this before but I assure you I have seen this company has done it a few times in front of me, and I am sure a million times all around Denton. If they are investigated I think there would be a lot of illegal things going on there. I want to find out what I can do, they did the same thing to a friend of mine tonight it is the last straw. He only came in for five minutes dropping off some food for us, he came out they had just backed up to his car in the 1 minute he came in to ask for 3 more dollars the men had quickly hooked the car up. This can't be right, 160 dollars to unhook a car they hadn't even started hooking up when he came outside.

These crooks need to be shut down, I have heard other complaints from people I have talked to as well, worse crimes then scamming people, I am talking car theft. I just want to know what I can do, who I can complain to how I can get the ball rolling on this,  people aren't made of money. Especially now in these economic times, we are poor college students in this town working 2 jobs, and full class loads 160 dollars is a lot of money to us. I don't have anything against tow trucks in general when people are really parking illegally their services are needed but these guys at Bob's Towing they are crooks and they keep getting away with it because no one will complain, no one know the law, they should be shut down. Sorry if this email is long and rambling and full of grammar mistakes, it was written after the anger building up in me the past two years against this company finally exploded. I would appreciate any response.

Thanks,
Katherine Whitehous