A1 towed the wrong dude

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BarnacleScraper
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12:51p, 3/2/11
AG
quote:
Texas Occupations Code; Title 14-Regulation of Motor Vehicles and Transportation; Subtitle A-Regulations Related to Motor Vehicles; Chapter 2308-Vehicle Towing and Booting; Subchapter A-General Provisions; Section 2308.255-Towing Company's Authority to Remove and Store Unauthorized Vehicle

(d) A towing company may remove and store a vehicle under Subsection (a) only if the parking facility owner:
(1) requests that the towing company remove and store the specific vehicle; or
(2) has a standing written agreement with the towing company to enforce parking restrictions in the parking facility from which the vehicle will be removed.

Subsection (a) states: (a)A towing company that is insured as provided by Subsection (c) may, without the consent of an owner or operator of an unauthorized vehicle, remove and store the vehicle at a vehicle storage facility at the expense of the owner or operator of the vehicle

Subsection (c) states: (c)Only a towing company that is insured against liability for property damage incurred in towing a vehicle may remove and store an unauthorized vehicle under this section.

Based on this Texas statute and the understanding that the towing company had a written agreement with the property owner, the tow company made a "LEGAL TOW".

Case closed - Verdict: Judgement in favor of the tow company


EOT
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bradleyk
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12:53p, 3/2/11
Sec. 2308.256. VEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE.
(a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall within two hours after receiving the vehicle report to the police department of the municipality from which the vehicle was towed, or, if the vehicle was towed from a location that is not in a municipality with a police department, to the sheriff of the county from which the vehicle was towed:
(1) a general description of the vehicle;
(2) the state and number of the vehicle's license plate, if any;
(3) the vehicle identification number of the vehicle, if it can be ascertained;
(4) the location from which the vehicle was towed; and
(5) the name and location of the vehicle storage facility where the vehicle is being stored.

I am also assuming that this did occur between the tow company and College Station PD.
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12:53p, 3/2/11
Wildmen03
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12:53p, 3/2/11
AG
So the tow company can tow customers all day long with no penalty, got it.
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BarnacleScraper
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12:54p, 3/2/11
AG
see, this is what bothers me about this whole deal.

First it was an illegal tow.
Second, the spotter is at fault

Well which is it?
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12:55p, 3/2/11
BarnacleScraper
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12:55p, 3/2/11
AG
I can see that since I own 10% of A1 towing.
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Wildmen03
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12:56p, 3/2/11
AG
quote:
First it was an illegal tow.
Second, the spotter is at fault
The spotter made a mistake and ordered an illegal tow. It can be both.
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BarnacleScraper
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1:01p, 3/2/11
AG
quote:
It can be both.


it can but illegal does not mean accidental or in this case an attempt to redo the facts so as to make A1 the target. It is simple Alinsky tactics. Marginalize the opponent then attack him.
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bradleyk
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1:05p, 3/2/11
My only argument here is that I fail to see how it was an "illegal" tow, assuming that:
1. There is a written agreement between the property owner and the towing company
2. The business did not turn in the required list per the written agreement

If any one of these 2 are not met, then it would be illegal and then the vehicle owner would be entitled to damages under the Texas statutes as well... BUT, from what I have gathered from this thread and the MYBCS thread, is that both conditions above were met.


Edit: Under these conditions the spotter is not even necessary, except to verify that the vehicle driver was not a patron. Actually, a car could be towed, even if it is a patron, if they were in violation of any agreement between the tow company and property owner


[This message has been edited by bradleyk (edited 3/2/2011 1:07p).]
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NoACDamnit
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1:08p, 3/2/11
Any way you slice it the person from the vehicle was IN THE BUSINESS. Their spotter screwed up and had the car towed illegally.
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BarnacleScraper
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1:13p, 3/2/11
AG
wait, so the spotter had the car towed? I thought the owner is the only authorized agent to permit the tow.

See how these facts keep getting garbled.
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30 yard line
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1:14p, 3/2/11
Is anything being done about the spotter?

If I was a customer and I went into the store and had a meal, could some spotter just say that I went to campus instead? Then my car is towed and I have no recourse. I wouldn’t have a manager to step in a fight for me, it would be my word that I went inside for a sandwich versus some spotter who *saw* me walk away. Is there anything to stop that from happening?
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LadyOfTheLake
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1:16p, 3/2/11
i don't see how the presence or absence of a list is even relevant. whether she worked there or not does not matter. the driver of the car went INTO the business. they either ignored that or missed it...either way they should not have towed her car based on the rules of the lot.
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bradleyk
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1:20p, 3/2/11
If an "illegal tow" is absolutely correct, then there are 2 things that can occur:

1. A civil judgement for $1,000 plus 3 times the amount of the fee's assessed and cost of reasonable attorney fee's
2. A criminal misdemeanor punishable by a fine of not less than $500 or more than $1,500 unless it is shown on trial of the offense that the person knowingly or intentionally violated the statute chapter, in which event the offense is a Class B misdemeanor.
3. A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business & Commerce Code which is a severe penalty for deceptive trade practices.

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NoACDamnit
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1:21p, 3/2/11
"I thought the owner is the only authorized agent to permit the tow."

Say whaaaaaa? Who do you think the spotter works for?
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bradleyk
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1:24p, 3/2/11
I think the assumption here is that the property owner and the tow company have a written agreement about certain parking restrictions, which makes the tow company a representative of the property owner, who has ultimate authority to abide within the agreement.

It could also be possible that the agreement is very vague and that the tow company, being the representative of the property owner could practically tow for anything... this would be highly unlikely, but a possibility.

It won't happen on here with all us armchair lawyers, but if we had a copy of the written agreement, that would be helpful.
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bradleyk
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1:26p, 3/2/11
I never knew if the spotter was employed by the property owner or the tow company. It would make more sense if they were employed by the property owner as then they have clear authority, but even if employed by the tow company, they would be acting as an agent on behalf of the property owner.
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rhoswen
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1:26p, 3/2/11
AG
*giggle*




I went to IHOP last night. I parked right outside. I watched for these so-called "spotters" and made sure I didn't get towed. All four of us did.

**** A1.
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DwightSchrute
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1:28p, 3/2/11
AG
brad and BS:

you are saying in short that it is the owner of the vehicles responsibility to prove the non-existence of parking illegally as opposed to the towing company (who is the one taking action) to do the opposite and prove otherwise.

I can't walk by someones new bbq pit and say "well, nothing says it belongs to anyone else, so it's mine to take". Cops can't arrest you b/c you can't disprove your involvement in recent crime.

you have to see how illogical your argument is. The burden of proof *SHOULD* be on the towing company. It's the only way that makes sense. HOWEVER, that would obviously fall into a category of morally and ethically sound business practices, of which tow companies, namely A1, is unfamiliar. Why cut into profit you could pull in from just bullying people into paying to get their car back? You can tell by the fact that they treat everyone the same: all clients/victims are all just 'liers'.
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Wildmen03
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1:30p, 3/2/11
AG
Someone was towed that shouldn't have been towed. No matter the legality. And how it was handled by A-1 was piss poor at best.
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BarnacleScraper
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1:32p, 3/2/11
AG
quote:
The burden of proof *SHOULD* be on the towing company


really, then why display parking tags on your rear widow or rear view mirror.

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nai06
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1:33p, 3/2/11
AG
quote:
There is a written agreement between the property owner and the towing company



it would be an illegal tow because there is no written agreement to tow every car out of the lot (most likely).

If I had to guess the agreement pertains to the towing of vehicles of licensees or trepsassers, not invitees(which would include both customers and employees).
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DwightSchrute
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1:33p, 3/2/11
AG
at the end of the day, wildman is right. laws be damned, they effed up and took a car they should not have. If they had any integrity at all, they would have returned the car immediatley, apologized to the owner.

If they have a beef with something, it's the business owner/manager and they need to take it up with them if they want to modify or better enforce any standing agreements. Effing over the employee of a fast food chain is messed up.
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DwightSchrute
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1:35p, 3/2/11
AG
quote:
quote:
--------------------------------------------------------------------------------
The burden of proof *SHOULD* be on the towing company
--------------------------------------------------------------------------------



really, then why display parking tags on your rear widow or rear view mirror.


oh, gee, i'm sorry, i must not have recieved parkign stickers FOR EVERY PARKING LOT EVER IN ALL OF THE WORLD.

stickers are for PRIVATE parking lots. this is a public area for a business.
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blumby
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1:35p, 3/2/11
AG
It seems that the initial reports that one of the parked cars was towed was not completely accurate. The towing in question... is commanded by A1 Towing. Apparently they suffered a kind of mental or nervous break down. Just after they towed, A1 posted a letter to TexAgs.com, in which he announced his intention to, to steal various vehicles from the parking lot behind Schlotzsky's.
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BarnacleScraper
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1:35p, 3/2/11
AG
quote:
Effing over the employee of a fast food chain is messed up.


So it is really about towing somebody that could not afford to be towed as in the towing company should have compassion upon drivers with less means to pay for illegally parking?
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TexasAggie_02
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1:35p, 3/2/11
AG
ASSUMING previous info from the ORIGINAL THREAD is correct:

1. Property owner has exclusive contract with A-1
2. Each business SHOULD have a list of "DO NOT TOW" cars
3. A-1 has spotters
4. Anyone that parks in the lot, and walks into a place of business is exempt from towing
5. People that leave the premises are towed.

Even though the driver of the car was not on the "SAFE" list, she did get out of her car and WALK INTO A PLACE OF BUSINESS. A-1 violated their contract. They should have just said "we're sorry," asked for an updated list from the manager, and RETURNED the car (not make the poor woman go get it).
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Wildmen03
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1:39p, 3/2/11
AG
Ok there's no way BS's trolling should be still going on.
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Face
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1:40p, 3/2/11
AG
quote:
It seems that the initial reports that one of the parked cars was towed was not completely accurate. The towing in question... is commanded by A1 Towing. Apparently they suffered a kind of mental or nervous break down. Just after they towed, A1 posted a letter to TexAgs.com, in which he announced his intention to, to steal various vehicles from the parking lot behind Schlotzsky's.



So one of your tow truck drivers has gone insane? What do you want from us?
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DwightSchrute
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1:40p, 3/2/11
AG
BS, your troll is losing steam fast.

let it go man. let it go.
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TexasAggie_02
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1:41p, 3/2/11
AG
I was addressing bradley, I knew BS was full of himself (BS)
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rhoswen
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1:42p, 3/2/11
AG
I wonder if A1 has any idea how much business they've lost over this.

But I assume as long as they have the University contract and the Albertson's parking lot contract, they'll have job security.
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rhoswen
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1:43p, 3/2/11
AG
quote:
So one of your tow truck drivers has gone insane?


Wasn't the driver. It was the spotter. Apparently too much meth makes little white girls invisible and black guys with tattoos very noticeable.
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BarnacleScraper
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1:48p, 3/2/11
AG
quote:
let it go man. let it go.


says the guy that came over to post on a 27 page thread
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