How To Collect Civil Damages After Being Towed by K&K Towing Regardless the Reason Towed

UPDATE: April 30, 2016

TDLR Investigator Tony Gatica in an email yesterday morning reference K & K Towing stated, “several cases that were assigned to me have been forwarded to the prosecutor within the last week or so with preliminary findings of non-compliant signage“, but have additional complaints against them to be investigated.

There you have it folks, K & K Towing drivers are outright stealing vehicles as their drivers have zero probable cause to tow anyone’s vehicle without their consent from private parking lots, period.

We don’t condone violence, but if I caught them attempting to take my vehicle, knowing their actions are illegal, whatever method of force one chooses is their own personal choice, but knowing what has happened across the state with other dishonest tow companies, some tow truck operators have been shot, assaulted or even killed.

BE PREPARED TO PROTECT YOUR VEHICLE IN THE SAME FASHION AS YOU WOULD DURING A HOME INVASION!!

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K&K Towing continues to tow vehicles without the owner’s consent in violation of the Texas Towing, Storage & Booting Law, a State Law, that allows a vehicle owner or operator to collect no less than a $1000, plus triple what you paid to get your vehicle back, in addition to the cost of repairs resulting from the towing and storage of your vehicle.  “ALL IMAGES ENLARGE WHEN CLICKED ON”

Based on in-person recorded interviews with many of their property managers and businesses whom signed a tow contract with them, K&K installed the tow sign on their green posts supplying the bolts and nuts at no costs. (2308.402)  Given that K&K installed the tow signs and none of the property managers knew anything about a 255 document  (2308.255(a)(1)), there is no doubt two statutory violations have been committed on all the parking lots towing is taking place by K&K.

The noticeable violations on the parking lot our audit teams visited bearing a K&K tow sign, is not one sign is “facing” the vehicle owner or operator upon entry to the parking facility, as all of their signs are facing the “street” or not posted on the parking facility, rather in the right of way, which is not part of the property to the parking facility as shown above at Southwood Crossing in Port Arthur, Texas. Note: utility companies install their pole in the right of way, which is the distance between the property line and a street. Because there are no tow signs posted on the parking facility property at this property, their are no signs period, meaning vehicles are being stolen at this address and residents along with their guest should take whatever action necessary to stop the towing of any vehicles from this address. 2308.301(a)(1)(4)

TOWING VEHICLES FOR EXPIRED TAGS MUST FOLLOW STATE LAW. WATCH THE VIDEO TO UNDERSTAND BELOW.

The next apartment complex of interest is The Avenues Apartments in Nederland, this property manager told me that K&K is not towing at their property, but their tow signs, not facing the driver as well are still posted. Now this manager outright lied to me, as just yesterday, a vehicle owner completed the Tow Victim Incident Report, towed from this property, for an expired registration sticker, without receiving the required Certified Mail letter to the vehicle owner from the apartment complex (not tow company) notifying them of the intent to tow the vehicle if the registration/inspection sticker is not updated within 10 days. An orange warning sticker is not the required notice nor can a vehicle be towed prior to ten days when the letter is mailed by apartment complex. 2308.253(d)(e) Anyone towed from expired tags without receiving the required notice is entitled to $1000 plus 3X what you paid from your property manager. 2308.404

Christian-Luevanos-Towing-Receipt

Under no circumstances should you ever sign any paperwork or tow ticket as the shown above, as doing so grants anyone having access to it, your personal documents, credit cards and a fresh signature, allow someone to commit Identity Theft, not mention make unauthorized charges on your credit card.

A parking facility can post signs anywhere they choose, but if the tow signs are not in the correct locations as mandated by State Law, they should expect to be sued for statutory violations, as there is NO such thing as being a little legal or the signs are posted near the gates, it’s right or expect to held accountable.

The next apartment complex above, illegal towing is taking place, is the 9th Avenue Apartments, all because there are no tow signs posted within 25′ of street on either side, as there is no such thing as exit mentioned in State Law, only entry points where a driver may enter the parking facility. 2308.301(a)(1)(2) .

The next apartment complex below, illegal towing is taking place, is the Willow Lake Apartments, all because there are no tow signs posted within 25′ of street on either side, as there is no such thing as exit mentioned in State Law, only entry points where a driver may enter the parking facility. 2308.301(a)(1)(2) .

The next apartment complex below is the Carriage House Apartments in Nederland were illegal towing is taking place, , all because there are no tow signs posted within 25′ of street on either side, as there is no such thing as exit mentioned in State Law, only entry points where a driver may enter the parking facility. 2308.301(a)(1)(2). The two driveways on the backside of the Carriage House have no tow signs posted and any towing is without probable cause.

Other issues of interest K&K is scamming motorist for is towing from improperly marked designated parking spaces, such as reserved or guest parking spaces, fire lanes and tow away zones. All of these violations are subject to monetary damages for vehicle owners payable by the property manager and the landowner…

The tow signs bearing K & K Towing DO NOT COMPLY with STATE LAW because most fail to state the “hours” and “days” (24 Hours – 7 Days A Week) and some of their signs state “Towing Enforced At All Times” in below the tow truck symbol when they can only state “Towing Enforced”. A legal sign is provided with the two illegal tow signs our audit teams found around the area.

K&K Towing’ owners enjoy the luxury of law enforcement agencies in Jefferson & Orange County not enforcing the Texas Towing, Storage & Booting Law, as it’s their green light to steal vehicles or charge unauthorized DROP FEES, then demand a ransom to get them back and outright refuse to provide the name of the “person” whom authorized the tow, making it almost impossible for someone to complete the request for a tow hearing. Always face their tow truck operators prior to leaving the property with your vehicle or while loading your vehicle, as once the vehicle is off the property the chances of getting back for free is slim to none.

What we have provided in this article is a sampling of all of their properties they tow from in Jefferson and Orange counties, as our Audit Teams which deployed out of Houston week before last completed the task of interviewing and documenting with photos and video of their accounts, should anyone be towed prior to the date of this article, can use these photos when filing the Small Claims Court Lawsuit for Statutory Violations… The best thing about this type of legal action, is a vehicle owner or operator does not have to prove negligence on behalf of a parking facility owner or manager. As we have stated before, it’s best not to include the tow company in these lawsuits and  a vehicle owner or operator has two years from the date of tow to take this type of legal action with Small Claims Lawsuit, which we recommend is filed in Justice of the Peace Brad Burnett’s Court only. If you choose to file in another JP Court, it’s best to request a Jury Trial.

Knowing what vehicle owners or operators in Jefferson and Orange counties know about the criminal behavior of K&K Towing targeting the public, don’t accept the remark from a police officers your towing incident is a civil issue, because Occupations Code 2308.405 states: A person commits an offense if the person violates this chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,500 unless it is shown on trial of the offense that the person knowingly or intentionally violated this chapter, in which event the offense is a Class B misdemeanor.

Important reminders after being towed:

File all four TDLR Complaints, instructions here.

Complete a Tow Victim Incident Report

Prepare to file the Small Claims Lawsuit against the property management company, business owner and landowner.

Follow the Storage Facility Procedure when gaining release of your vehicle.

Take photographs of where you were towed from and stand across the street of the driveway you entered looking dead center of the driveway.

Attempt to report your vehicle being illegally towed to the police department and ask for a case number.

Keep all paperwork given to you at the storage facility (refuse to sign any paperwork) or a tow truck operator, make sure its legible.

Do not talk to your property manager, a police officer or tow truck operator unless conversation is recorded reference your vehicle being towed.

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