In the last session of the Texas Legislature, the location of the towing hearing was changed so that anyone wishing to file a request for a towing hearing, may do so in any JP Court within the County your vehicle was towed. For a complete list of JPs, click here.
When preparing for a hearing to determine if probable cause existed to have your vehicle placed in storage or charged a drop fee, you will need take several (10+) photographs, with a Digital Camera or video camera that can show the date and time on the picture/video. To give you an idea of what photographs need to be taken, below I will recommend you get the same types and angles as shown below. The more pictures you have, the better chance the Judge will understand your case. It’s important to make sure your photos have the date and time on them. If you suspect your vehicle was wrongfully towed, you want to take these photographs as soon as possible!
Use this video as a guide to prove your case before the Judge to recover $1000 plus triple the towing fees and cost of repairs for damage done to your vehicle during the removal.
The Video Guide
Video instructions for a Tow Hearing
Application for a Tow Hearing
How to take Pictures for Your Tow Hearing
You want to stand “across” the street when taking the photographs of the “curbcut” i e driveways. These types of photographs must show the width of the curbcut. As in the photo to the left, there were no towing sign posted, in the photo to the right, a tree is obstructing the view of the towing sign, making the sign not conspicuously noticeable to the driver upon entering the parking facility.
2308.301(a)(1)(2) Violation Code Number
If you discover your vehicle was towed because you were parked in designated or reserved space. Any of the four photos above are illegal to tow from If your receipt says no permit or reserved space. On taking this type of photo, you need to take two photos, one standing back 12′ and one standing back 6′. With the 12′ photo, you need be able to see the space number under the awning, and, the 6′ photo should show there is no markings in front of the space.
2308.305(a)(c) Violation Code Number
The above photographs of is what a CURB-CUT looks like. A curb-cut could be a driveway or exit. This photo I took from sitting inside a vehicle about 30′ feet away. As shown in this photo, since the curb-cut is over 35′ in width, two towing signs are required, one on each side, 2308.301(A)(B)(ii) Violation Code Number The back entrance as shown on the right, has no signs posted and the same violation code is used.
You will need closeup photographs of the towing signs, that the Judge can read “all” the text and photographs that show the towing sign is “not” facing and conspicuously visible to the driver of a vehicle that enters the facility, for example, as shown in this picture, blocked by vegetation, tree, etc.
2308.301(a)(b) Violation Number Code