Massive 300+ Vehicles Illegal Towing Scam in Fort Worth by Lone Star Towing under contract with the Tarrant County Water District, due to illegal tow signs posted. The recommended method to recover damages against Lone Star Towing and the TCWD is by filing the Small Claims Court Lawsuit for Statutory Violations, as vehicle owner or operator is not required to prove negligence on either parties’ behalf.
The violations based on the parking lot at 3101 Riverfront Drive in Fort Worth are as follows:
Occupations Code 2308.255 states: the parking facility owner must provide written notice to the tow company, the parking facility has installed a legal tow sign;
2308.301(a)(5) states: installed so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level (bottom edge of sign at 3′)
2308.301(b)(4) fails to state: contains a statement describing who may park in the parking facility and prohibiting all others
2308.301(b)(5)(B) must bear the exact phrase with no added or deleted text: “Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense”
2308.302(b) A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate sign placed immediately above the sign. (no other language can be on this section of sign)
2308.302(c)(1)(B) The portion of the sign immediately below the international towing symbol must: (1) in white lettering at least two inches in height, contain the words, as applicable: (B) “Towing Enforced” and nothing else
2308.302(d) Except as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required by Section 2308.301(b) displayed in bright red letters at least one inch in height on a white background. (hours and days towing is enforced)
2308.404 states: (a) A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for: (1) damages arising from the removal, storage, or booting of the vehicle; and (2) towing, storage, or booting fees assessed in connection with the vehicle’s removal, storage, or booting. (b) A vehicle’s owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a). (c) A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle’s removal, towing, storage, or booting.
Tow sign are designed to be uniform like stop signs, while many may look legal, they are illegal because of the wrong layout, deleted statutory text in quotes and fail to state who may park and prohibit all others.
When filing these Small Claims Court Lawsuits for Statutory violations, you will pay a filing fee and two service fees for parties listed in the lawsuit to appear in Court. In the majority of lawsuits against private parking lots, you list the property management company and landowner and do not list the tow company as a party to the lawsuit. You do not need an attorney to file these Small Claims Lawsuits if you prepare your case through photographs which insert into a word document at the top of the page, then copy and paste the statutory violation on the lower half of the document at size 28 font printed on 11×17 color copies, make two extra sets of pages in 8-1/2 x 11, keep the receipts, in addition to obtaining an estimate from a new vehicle dealership for the cost of repairs for damage done to your vehicle as a result of towing and storage, adding the $1000 plus three times what you paid for the total amount of damages you are seeking. As an example, if you paid $300 to get your vehicle back, your total damages including filing fees, evidence production would be $2400 plus the cost of repairs which varies based on damage to your vehicle.
This is an extremely easy way to make a bad experience after being towed into pleasant experience, being awarded damages by the Court, should either party refuse to pay a Judgement awarded by the Court, return to the Court, pay the Writ of Execution fee $150 – $200 which added onto the original Judgement and the Constables will collect your money for you or seize property to satisfy the Judgement.
This type of lawsuit can be filed in any Justice Court to which the vehicle was towed from and should you not trust a Judge, request a Trial by Jury, which cost no more.
There is no 14 day deadline to file this type of lawsuit, as the statute of limitation is two years from the date of tow.
The sign on the lower left is legal tow sign must look like for a tow sign to be legal to have vehicle towed.and the sign on the lower right is what the illegal tow sign posted.