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Wrongfully towed? How to get your money back

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Wrongfully towed? How to get your money back | KXAN.com http://kxan.com/investigative-story/wrongfully-towed-how-to-get-your-money-back/

By Chris Sadeghi (http://kxan.com/author/kxanchrissadeghi/)

Published: February 13, 2015, 9:30 pm | Updated: February 20, 2015, 2:45 pm

Story Features

AUSTIN (KXAN) - Last summer, Cody Trump and a friend were looking for a place to watch the World Cup Final. The sports bar Ojos
Locos in North Austin on I-35 was packed full so Cody and friend decided to watch at the less crowded Applebees across the street.

While watching the game, Cody noticed a tow truck driver who was keeping busy.

While we were eating, we could see cars being towed, he said. With a packed house packed parking lot at Ojos Locos, it appeared
some customers were parking in the Applebees lot and then crossing over to eat and drink at the sports bar, ignoring the red and
white sign in the Applebees lot warning drivers the lot was for Applebees customers only.

But in their e orts to enforce the posted tow warnings, Cody said the tow truck company may have got the wrong guy. And wrong car.

Whenever we got ready to leave, my car was gone. Disappeared.

With receipts in hand proving he had eaten at the restaurant, Cody said he pleaded with Applebees management, but they stuck by
Tow Time, the company they contracted with to enforce the parking rules of their lot.

(Applebees) said they would not tow my car for no reason, said Cody who eventually was given a ride to Tow Time to get his car back.
He said initially the company claimed to have photographic evidence of Cody getting out of his car and crossing the street, but he
ultimately got his car back free of any tow charge when such evidence could not be produced.

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Still, he said the damage had been done. Literally.

I immediately checked for damage to the car, said Cody. Just three months earlier he had bought his car brand new and knew any
damage would have been caused by the people who lifted out of the lot where he was legally parked.

Sure enough, he found damage he said an adjustor would later estimate around $800 to x.

The bumper was scratched and it ripped of a plastic piece o underneath the bumper, he said. But just as with Applebees, he did not
nd much sympathy when he asked Tow Time about the damage.

They said I better make sure that damage was not already there before I start ling claims, said Cody. I would not say it was in a
threatening manner, but it was kind of.

Tow Time gave Cody insurance information to le a claim and days after he did so, he received a letter from the insurance company
saying they could not nd the needed coverage. Cody was left with a damaged car and no way to pay for it.

All because of a mistake on the part of the tow company which was given sole discretion on which vehicles would be towed.

Fighting Back

Through open records requests with the Texas Department of Licensing and Regulation, KXAN found Tow Time and several other tow
companies in the area have been found in violation for illegal towing multiple times in the past four years. Tow Time and a sister
company under the same owner had six violations for illegally towing without authority since 2011, part of 21 TDLR violations total.

Violations can only be found when formal complaints are led with TDLR and the agencys
What to do? TDLR
enforcement prosecutors are given a chance to review and potentially investigate each one. Ken Recommends:
Sharp is one of those prosecutors and said they have a case load which keeps them busy, but Request Probable cause
knows many potential violations may go unmentioned by drivers who simply pay their toll fee hearing
and go on. Must request within 14

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There are a lot of cases out there that we never see and never know about, said Sharp. business days of tow
Court determines if tow
While a formal complaint with TDLR could result in administrative nes and penalties against the company had probable
cause to tow vehicle
tow company, it will do little to help people like Cody Trump get back the money an illegal tow
Could be reimbursed
may cost them. cost of tow

But two di erent tow hearings can be requested and TDLRs Todd Forrester recommends victims Request Civil Liability Hearing
of illegal tows request both hearings as well as ling a TDLR complaint.
No time limit on request
Court determines if tow
When asked if tow truck drivers get to be judge and jury in deciding which cars get towed o a
company/property owner
lot, Forrester said, They do before it goes to court. That is why the state builds in the Justice of violated state statute
the Peace court hearings. Could be reimbursed up
to $1000 + 3x the cost of
A Probable Cause Tow Hearing must be requested within 14 business days of a two. If evidence tow

suggests the tow was illegal, the judge could refund any expenses a driver incurred as part of the File TDLR Complain
tow and the hearing.
Regulatory agency will
A Civil Liability Tow Hearing could determine if the tow company or property owner of the lot investigate
Possibly levy
violated state statute. If so, the victim could receive $1,000 plus three times the towing cost of
administrative nes and
the vehicle. penalties

A victim can request both hearings at their county JP and Forrester recommends they show up to
the hearing ready.

Take pictures, document the scene, take a picture of the spot where your vehicle was parked.

That is exactly what Elaine Kovacs did after her car was towed o 5th Street downtown a few months ago. Austin police called
Southside Wrecker, the tow company the City of Austin uses for towing needs, to take Elaines vehicle and other vehicles parked along
the side of the street.

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A neighbor told Elaine several others had been towed and recent days and many of those vehicle owners had complained about a lack
of signage. So, Elaine decided to ght it and requested a Probable Cause Tow Hearing.

It was probably 10 to 12 hours of work to gure out what I wanted to do and what the process was. It was very frustrating, said Elaine
about the investment she made in trying to right what she felt was wrong.

At her tow hearing, two Austin Police o cers and Southside Wrecker appeared opposite the courtroom from Elaine who presented
photographs of the spot and lack of signage where her car was towed. After both sides stated their case, the judge ruled the signage
did not meet the requirements as speci ed in state statute and ordered the city to reimburse Elaine $165 plus the cost of her court
photographs.

She felt vindicated, but also saw something wrong.

Very few people are going to spend this much time to get $171 back, said Elaine. The reason Im doing this is to represent a lot of
people who are not coming here, who do not come here, the people who do not spend all the time and energy just to say Hey, this is
incorrect and wrong.'"

Keeping watch

It is nothing personal. It is business.

That is how a tow driver for Tow Time explained his job and the obvious anger which routinely gets directed at the company he works
for and him personally. Tow companies contract with property owners to enforce towing on the owners parking lot. The tow company
bene ts by taking home the tow fee paid by each driver to get their car back, the property owner bene ts by having spaces open for
vehicles using the lot for the purpose the owner desires.

The moment we do not ful ll our contractual obligations is the minute (the property owner) will nd another company that will, said
Tow Times driver.

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On this day, the same driver parked his truck behind the strip center across the street from the Austin Community College Northridge
Campus. He then went and sat in an inconspicuous silver car in the parking lot. Signs on each entrance to that lot say the parking
spaces are only for the customers of the businesses in that strip center. The driver would wait in the car until he saw someone park
and then cross the street to go to ACC. Then within a matter of minutes, he would have the vehicle on his tow truck and headed
towards the storage facility. He said the property owners they contract will lay out the reasons to tow.

We do not necessarily make that decision, the complex will.

Forrester said although property owners do have a say about what is permissible on their lot, state statute lays out when towing may
or may not be appropriate.

They can make the rules about what happens on their property, it is when they start towing where we run into problems, said
Forrester.

The law lays out speci c reasons for why a vehicle can be towed o property and there is a separate passage in the code detailing the
reasons for towing speci c to apartment complexes. Lots where towing is enforced must have signs posted at each entrance with the
reasons why vehicles will be towed from the lot.

Tow companies with most volations, complaints

According to data from the TDLR, these are the top 10 companies for complaints, violations and illegal tows since 2011:

TDLR COMPLAINTS

J & J Towing - 32

CDMA Group - 16

A & A Wrecker & Recovery 11

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Park Right Solutions 11

Austin Express Towing 10

Eagle Towing and Recovery 8

Thomas Mora 8

Tow Time 6

Elite Towing 5

Geoge Milhim 5

TDLR VIOLATIONS

J & J Towing Service 34

CDMA Group 19

Austin Express Towing 15

Eagle Towing & Recovery 15

A & A Wrecker & Recoery 12

Park Right Solutions 12

Thomas Mora 9

George Milhim 8

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Antonia Reblloso 6

Tow Time 6

ILLEGAL TOWING VIOLATIONS

J & J Towing Service 15

CDMA Group 10

Park Right Solutions 6

Tow Time 5

A & A Wrecker and Recovery 4

Elite Towing 3

Southside Wrecker 3

Central Towing 2

Thomas Mora 2

Austin Express Towing - 1

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