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Saturday, October 19, 2013

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.