Monday, March 17, 2014

Bexar Towing - Everybody Towed or Booted Since 9/1/2013 is Due Big Bucks Because of Illegal Tow Signs

Everybody that has been towed by Bexar Towing while attending events or even the citizens of San Antonio since September 1, 2013 are all entitled to a huge payout.  Bexar Towing, like the other towing companies in San Antonio, have failed to obey the changes in the Texas Towing & Booting Act (TTBA) with regards to signage.

Considering John Deloach, the owner of Bexar Towing is facing a huge STATE fine for overcharging the city regulated tow fee and continues to tow vehicles in violation of the TTBA, it shows the true character of Deloach.

What makes all the towing signs illegal that are provided to parking facilities, including all of the COSA tow signs is real simple, see below:

Sec. 2308.301. General Requirements for Sign Prohibiting Unauthorized Vehicles

(b) Except as provided by Section 2308.305, an unauthorized vehicle may be towed under Section 2308.252(a)(1) or booted under Section 2308.257 only if each sign prohibiting unauthorized vehicles:
(1) is made of weather-resistant material;
(2) is at least 18 inches wide and 24 inches tall;
(3) contains the international symbol for towing vehicles;
(4) contains a statement describing who may park in the parking facility and prohibiting all others;
(5) bears the words, as applicable:
(A) "Unauthorized Vehicles Will Be Towed or Booted at Owner's or Operator's Expense";
(B) "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense"; or
(C) "Unauthorized Vehicles Will Be Booted at Owner's or Operator's Expense";
(6) contains a statement of the days and hours of towing and booting enforcement

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"

 I am sure Deloach will claim that Towing Enforced At All Times is legal, but the 5th Court of Appeals ruled last week that text in quotes cannot have text added to a quoted phrase.

Also Deloach will say the time period to file for a tow hearing has expired, but in cases as Deloach and all the other tow companies in Bexar County, a Theft Liability Lawsuit is filed against the tow company and the landowner to where the vehicle towed from.

So, what this means is real simple: whatever you paid to retrieve your vehicle, paid a drop fee or boot fee, each and every vehicle owner can expect to recover $1000 plus triple damages and your attorney's fees.  Most people might say they don't have the money to pay an attorney, but all of the prosecution teams who represent tow victims who contact Texas Towing Compliance will take your case with no upfront legal fees.

So, if you are towed in San Antonio, take a photograph of the towing sign that should posted when you enter the parking facility. After taking these photographs, contact or email the San Antonio Police Department at 210-207-2348 to file criminal charges, file an online complaint (send photos) with TDLR due to illegal signage posted and contact the prosecution teams to represent you in recovering what STATE LAW says you are entitled to.

We have two groups of prosecution teams who will take your case if towed in the San Antonio metro area with no upfront legal fees.

San Antonio: 210-928-9999   Austin 512-236-1114