Just got towed from a friend's apartment in Austin. Apparently I pulled into a handicap spot, but the pavement marking is half gone and covered in dirt, and the sign was cut down at the base. You only know there was a sign because of the 4" stump.

All of the rest of the handicap spaces have fresh paint and brand new signs. It was a $200 tow and I'm thinking of fighting it. Pics to follow soon.

http://www.myparkingsign.com/blog/signs-stencils-ada-requirements-disabled-parking/

Been there, done that from apartments I lived in. Took some work but ended up having them tow it back to the office.

Mine was tagged by the property management person but I moved it prior to them hooking up to the truck. They tried to then claim it didn't have a parking sticker but it was there.

I would note the state of the parking spot and take it up with the apartment complex too. Go higher than the manager on site.

Found that after a lot of searching Emeril. I have documented the spot fairly well. I will try to take it up with management, but they are not open today. I had to pay to get my truck out of the towering agency yard already, so I am going to have to negotiate for repayment.

I have also documented a couple of other spaces that do not meet ADA or TAS requirements. I may threaten to file a complaint with HUD and others if they don't repay me. Or sue...

Looking at the regulations, I may have to go through the Texas Commission on Licensing and Regulation first.

pic of spot


I pulled in at about 3 am mind you

That's bs. Let us know when you get it resolved.

http://www.license.state.tx.us/ab/2012abtas5.htm

Pic I meant to post:


I can't wait to get this sorted out and over with. I already hate theses people. Tow truck agencies like this are pretty much the scum of the earth...

In this one instance, dont jump on the tow truck company just yet. That's private property, and building owners have to call towing services to report a violation on private property. In many places, they require a certain amount per sq ft for a building. One of our branch warehouses is a few hundred thousand square feet, but only has eight parking spots out front. The city has mandated that 6 be handicap due to the building size, but all of our employees park in them and no one gets towed because we would have to report it. Same concept as getting a speeding ticket on a private road.

Any chance you were just towed because you parked at the friends apartment? I imagine most of the spaces especially in Austin are for residents only and it doesn't look like a visitors spot? Seems like its a loop hole they could use to get out of it.

Good luck though

The towing company contracts with the apartment and enforces towing themselves. This is them towing from a spot that they should know is not a handicapped space and expecting me to just deal with it and let them keep my money. I talked with the lady (I use the term loosely) at the counter at the yard who told me my appeal options, and she said not to fight it because they would go against me anyway since half of the stencil is left.

It I'd definitely for a handicapped spot. The apartment has no permit tags and no reserved spaces. It also says I was towed from a handicapped space on my towing receipt.

the paint on the ground has absolutely no bearing on whether it's a handicap space. to be a handicap parking space, it must have proper signage, at the correct height, and there must be a hashed out space on one side or the other, depending on if it is van accessible or not.

i've been helping my grandpa stripe parking lots for years. google the city ordinance for parking. every city varies slightly, but handicap parking has virtually the same rules most places in texas.

Lengthy thread based on my experience in Dallas a couple of years ago: http://mobile.texags.com/Forums/37/Topics/1840158. Was not from a handicap space, but I fought it based on inadequate signage and won. The youtube video below was actually a big help.

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Sounds corny but the youtube video below (put together by an Arlington attorney) was pretty helpful. I actually ended up meeting with the guy to make sure I had a decent shot.

http://www.youtube.com/watch?v=ptqV_sOkr7E

And the site below has some good examples of the kinds of photos you'll want to take for evidence. Don't forget to turn on the time/date stamp option on your camera. Take the photos ASAP before the towing company or property owner has a chance to put up a sign or repaint the parking spot.

http://www.texastowingcompliance.com/court.html

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(edit: corrected url)

[This message has been edited by drewser95 (edited 5/20/2013 10:02p).]

ABatt- If the towing company were fishermen they'd call that their Honey Hole. Ill bet that spot gets checked OFTEN!

I called the apartment management and got an assistant. I told her what happened and they are supposed to get back to me. She said that there was a change to the regulations and that a stencil will suffice. I have looked at the most recent ADA and TAS standards and they are quite clear. You need a vertical sign (unless your spaces are assigned, which theirs are not). No regulations for stencils is even specified.

I have several pictures already but should probably have my friend take more. If they repaint the space now, I will still have proof that it was not properly marked. My only concern is that the towing company could have moved my truck...

If they want to play hardball, I noticed a ton of violations of the ADA parking space regulations. Pretty much none of their spaces meet the guidelines because they are missing the required five foot aisle. I have no problem with siccing the DOJ on them without warning.

drewser, did he charge a fee for talking to him, or was your consultation free? I am thinking about giving him a call.

Keep in mind that the State of Texas follows TAS, and not necessarily ADA or ABA (even though TAS is based on those).

Wheelie man on the ground means nothing - the sign is what counts.

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502.6 Identification. Parking space identification signs shall include the International Symbol of Accessibility complying with 703.7.2.1. Signs identifying van parking spaces shall contain the designation "van accessible." Signs shall be 60 inches (1525 mm) minimum above the finish floor or ground surface measured to the bottom of the sign.

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If they are hanging their hat on it being an apartment rule you broke, you're probably SOL. If they are hanging their hat on TAS requirements, tell them to go 5hit in their hats. If you decide it's worth the time to pursue,

1. Tell apartment hoochie that the last revision to the TAS was in 2012 and there was no change to the marking requirements.

2. Tell the apartment you will be having a Registered Accessiblity Specialist who is licensed by the Texas Department of Licensing and Regulation review the parking spot.

These folks are in Austin
http://www.license.state.tx.us/LicenseSearch/SearchResultsListBrowse.asp?from=search

3. Tell apartment hoochie you certainly hope the parking spot has the correct clearances and accessible route, complete with the correct surface, slope, and cross slope.

4. File a good ol' complaint. HUD and DOJ won't do much good. Go to TDLR. Section you want is Architectural Barriers.

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68.93. Complaints, Investigations, and Audits. (New rule section effective November 5, 2001, 26 TexReg 8807; amended effective February 1, 2005, 30 TexReg 382)

(a) Complaints. A complaint may be filed against an owner if there is reason to believe that a building or facility is not in compliance with the Act, the rules, or the TAS. A complaint may be filed against a registered accessibility specialist if there is reason to believe that the registered accessibility specialist has violated the Act, the rules, or the TAS.

(b) Investigations and Audits. Owners of buildings and facilities subject to compliance with the TAS are subject to investigation by the department. Registered accessibility specialists and contract providers are subject to investigation and audit by the department.

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http://www.tdlr.texas.gov/Complaints/

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drewser, did he charge a fee for talking to him, or was your consultation free? I am thinking about giving him a call.

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I think it was $75 for 30-45 minutes or so?

Thanks drewser

I am fairly certain they are governed by either TAS or ANSI A117.1 (as a multi family dwelling, they are partially exempt from ADA, ABA and TAS, but they are at least covered by FAH which says that ANSI A117.1 is the standard) which are pretty much the exact same standard. The tow receipt says handicapped, so that is what they must hang their hat on.

If it were an apartment thing, there are very specific rules on how they can mark reserved spots. This would not even be close.

Ask Old Main....

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@drewser95 I just read the other thread glad to hear you won... did you ever get your money from the tow company? If so did you get just what they charged you or any legal fees or the triple what they charged you.

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Yeah they finally paid but only what they charged me, so I was out the cab ride, the attorney consult and the court filing fee (which I thought was supposed to be reimbursed with the tow charge, but I wasn't going to drive back down to the sub-courthouse again just for $25). I didn't pursue the civil suit that would have awarded the triple damages, etc., since even if I prevailed, there was no guarantee they would pay up.

Good luck ABATTBQ11 -- give 'em hell!

Fight the good fight! That's BS.

Where is the best place to find Old Main?

(not campus)

If you find him, don't drop the soap.

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Where is the best place to find Old Main?

(not campus)

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I hear finding him is a lot like finding the A-Team.

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Where is the best place to find Old Main?

(not campus)

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