Is it worth it to file a small claims suit in 75219 for towing?

[Bevine 3]

Hello,

my apartment uses an online registration system to allow visitors to park in the guest parking area. One night, a guest of mine parked in it and I registered them at 9:11pm (I have proof of this, as the online system gives you a confirmation code and stamp). 

This car got towed. The official invoice from the storage facility says the tow time was 9:38PM, the report of towing the apt complex gets says official tow time was 9:18PM. By these standards, I should be getting a refund for my paying of picking up the car.

 

However I emailed the company and they said no, and sent pictures taken of the car at 9:10:30PM saying the violation occurred at that time. This would be literally seconds after I went up to the apt while registering it.

I feel like this is ridiculous, and the guy should have known the car shouldn’t get towed since the registration went through before the two official times reported.

 

is it worth it to fight it in court? The fine to pick up the car was $170. I know I could probably blow it off, but I hate this kind of predatory towing.

[IDIOTsavant 8498]

Get it from your apartment complex. Their procedure and contractor caused the issue. I'd imagine you'll be able to deduct the cost from the following month's rent. Then they can deduct the amount from the contractor's invoice. Your issue isn't with the towing company; it's with your complex. 

[bluto 4932]

if only we had a resident pedarest tow law expert who also tried to kill people with big rocks. thanks a lot mods!

[Bevine 3]

1 hour ago, IDIOTsavant said:

Get it from your apartment complex. Their procedure and contractor caused the issue. I'd imagine you'll be able to deduct the cost from the following month's rent. Then they can deduct the amount from the contractor's invoice. Your issue isn't with the towing company; it's with your complex. 

I reached out to them and they said they would contact their account manager, but made no promises and said normally this should be between me and the towing company.

[IDIOTsavant 8498]

9 minutes ago, Bevine said:

I reached out to them and they said they would contact their account manager, but made no promises and said normally this should be between me and the towing company.

Tell them they should consider who they contract with. Just like this interaction will make you consider where you lease. Common sense should prevail.

[South Austin 52521]

You need to file suit and put the whole system on trial.

[Hanrahan 1306]

Sue them both for crimes against humanity and ask for treble damages for loss of consortium.

[Quagmire 2147]

Tell them they should consider who they contract with. Just like this interaction will make you consider where you lease. Common sense should prevail.

This, would also let them know if they don’t make it right you’ll be sure to post your experience to review sites and social media.

 

I swear these fucks get kick backs from tow companies for stuff like this

[Viper 12109]

pm txtow... oh wait, how old are you?

[Huckleberry 33004]

How long are you planning on staying at that apartment complex? I'm kind of an asshole but I would shortpay my next month's rent by $170 to get the shit noticed faster. Of course I would also be ready to move if they get shitty about it after that.

Then I'd be sure to one star review the apartment complex with details of my story on every available review site.

[Gene Parmesan 4008]

Hopefully you complex will make it right, but I wouldn't hold my breath.  It's only worth it if you've got nothing to do or the principle is worth your time.  I wouldn't recommend shorting your rent as you will open yourself up to a whole slew of completely separate problems.  Your lease agreement is completely separate from the tow company.

Edited October 3, 2018 by Gene Parmesan

[Onboard 2.0 9083]

Oh I'd go report him. Of course your car may mysteriously vanish one night, and end up in a drainage ditch......

[Bevine 3]

1 hour ago, Gene Parmesan said:

Hopefully you complex will make it right, but I wouldn't hold my breath.  It's only worth it if you've got nothing to do or the principle is worth your time.  I wouldn't recommend shorting your rent as you will open yourself up to a whole slew of completely separate problems.  Your lease agreement is completely separate from the tow company.

This is my mentality. I don't know how much its worth the stress, I just hate towing companies. I guess I'll follow the track of "If you don't resolve this, I'll remember when my contract is up." Hopefully that is enough to persuade them. Although if this complex is anything like the ones in West Campus, they will wave me goodbye gladly.

[TXSooner518 2438]

2 hours ago, Huckleberry said:

How long are you planning on staying at that apartment complex? I'm kind of an asshole but I would shortpay my next month's rent by $170 to get the shit noticed faster. Of course I would also be ready to move if they get shitty about it after that.

Then I'd be sure to one star review the apartment complex with details of my story on every available review site.

This is very bad advice from the usually-reliable Huck.  Don't do this, they will be able to evict you, which will fuck you up big time. If they don't make it right, file a tow hearing with Judge Cercone, JP in that area. Send me a PM if you end up having to do that.

[Huckleberry 33004]

Hey, I asked how ready he was to move.

[woohorn 1131]

Hate to say this, but txtow knew his sign statute. Was all of that bs?

The gist was that tx law changed written requirements for parking lot warning signs and no tow companies/property owners updated their signs. He claimed slam dunk treble damages for anyone with an afternoon to spare in court.

OP, why don't you post picture of the towing notice sign posted at the lot?

[RollLeft 5045]

5 hours ago, South Austin said:

You need to file suit and put the whole system on trial.

Yes, I'd contact Gloria Allred.

[Bevine 3]

2 hours ago, TXSooner518 said:

This is very bad advice from the usually-reliable Huck.  Don't do this, they will be able to evict you, which will fuck you up big time. If they don't make it right, file a tow hearing with Judge Cercone, JP in that area. Send me a PM if you end up having to do that.

Thank you, I hope it doesn't get there, but I appreciate your willingness for help!

[Bevine 3]

2 hours ago, Huckleberry said:

Hey, I asked how ready he was to move.

Fair enough, I'm 3 months into my 12 month contract though, so probably not very viable haha.

[Bevine 3]

1 hour ago, woohorn said:

Hate to say this, but txtow knew his sign statute. Was all of that bs?

The gist was that tx law changed written requirements for parking lot warning signs and no tow companies/property owners updated their signs. He claimed slam dunk treble damages for anyone with an afternoon to spare in court.

OP, why don't you post picture of the towing notice sign posted at the lot?

This is an interesting take, I'll research the law and measure the sign... its a long shot but might work.

[TXSooner518 2438]

The issue isn't the sign, but that the person was compliant with the policy and was towed anyway.  It would be just like if they towed Bevine's car. It's not an authorized nonconsent tow.

[woohorn 1131]

You better make sure you aren't on a work computer (or your trailer park neighbor's) before you google anything dealing with txtow, just to be safe.

[woohorn 1131]

The issue isn't the sign, but that the person was compliant with the policy and was towed anyway.  It would be just like if they towed Bevine's car. It's not an authorized nonconsent tow.

Stoopid sooner. Visitors don't sign leases, so it is completely different and you are evil and wrong.

[TXSooner518 2438]

2 minutes ago, woohorn said:

6 minutes ago, TXSooner518 said:

The issue isn't the sign, but that the person was compliant with the policy and was towed anyway.  It would be just like if they towed Bevine's car. It's not an authorized nonconsent tow.

Stoopid sooner. Visitors don't sign leases, so it is completely different and you are evil and wrong.

I don't sign a lease when I shop at a store that has parking reserved for its customers, but they are still going to be on the hook if they have my car towed while I'm shopping at their store.

Edited October 3, 2018 by TXSooner518

[Bevine 3]

4 hours ago, woohorn said:

Hate to say this, but txtow knew his sign statute. Was all of that bs?

The gist was that tx law changed written requirements for parking lot warning signs and no tow companies/property owners updated their signs. He claimed slam dunk treble damages for anyone with an afternoon to spare in court.

OP, why don't you post picture of the towing notice sign posted at the lot?

https://ibb.co/bZvGRz[/IMG]

 

Thats the sign at the entrance, and after some research, it does appear to violate the Texas standard.

[Quagmire 2147]

I say torch the place

[thunderlounge 7868]

14 hours ago, Hanrahan said:

Sue them both for crimes against humanity and ask for treble damages for loss of consortium.

And then throw rocks at them from a bridge?

[RPM 26323]

I would strenuously object.

[Bevine 3]

To anyone that may care about an update on this: The apt complex stepped up and took my side on the matter, even going as far as threatening their contract with the towing company. The towing company conceded the refund. Being a recent UT grad, I am used to apt complexes that don't care much for you in west campus, this was fresh. Thanks y'all for the advice.

[South Austin 52521]

You should still sue and declare that the court is out of order.

[HornOnTheBayou 8931]

Good job. You just proved that you can take on the tow companies without throwing rocks off of overpasses or diddling little boys. You didn't diddle little boys, did you?