In Georgetown, Texas in Williamson County, a county with a “Tough on Crime” reputation, a criminal conspiracy involving the property manager at Anatole at Westinghouse Apartments, Andy Redman, manager of Tow Time Towing and their tow truck operators is taking place, and has been since Tow Time began towing vehicles from this location back to Austin.
There are many statutory violations at this apartment complex (parking facility) that would entitle everyone towed, regardless the reason, had the vehicle owner or operator paid $300, to a civil penalty of $1900 plus the filing fees, in addition to the cost of repairs that resulted from the towing and storage of their vehicles. (obtain your damage estimate with a new vehicle dealership, since they give the highest estimate using factory parts and paint)
(all photos enlarge when clicked on and registered members can print articles, membership is free)
There are two driveways a vehicle could enter this property (parking facility), both driveways exceed 35′ in width between the curb cuts, that per Occupations Code 2308.301 requires two tow signs, one on both side of the driveway, posted on the parking facility property. The driveway that serves both as entry and exit closest to the dealership, we will call this entry the “West” driveway and the driveway that enters in from the office the “East” driveway.
In accordance to State Law, Occupations Code 2308008.301(a)(4) states the tow sign must be “installed on the parking facility”, but after observing where the property line of the apartment complex is, the misleading tow sign is actually not posted on the parking facility, rather in the City of Georgetown right of way, as shown in the photos above.
Then there is issue reference the assigned carport parking spaces, as per the Occupations Code 2308.305, a restricted designated parking space but be marked in both the front and rear of each parking space, with the space marking no higher than 7′ off the ground. The space number under the carport on the back space is 8’4″, being violation as well.
Then comes the two tow signs, both the same, legal in layout and text, but the statement of who may park and prohibited all others is incorrect, as according to the property manager, the parking spaces requiring permits are the carport spaces, but the tow sign states “Permit Parking Only” which is interpreted to mean the entire property’s parking spaces require a parking permit, when that is not what the authorization to tow authorizes. Based on the tow contract between Tow Times and the Anatole Apartments, permit parking is to be strictly enforced for the carport, vehicles parked in Fire Lanes, which are legal and vehicles with flat tires, based on the tow sign.
In addition, with conversation with the property maintenance man, Tow Time installed the tow sign and provided the poles and screws to attach the sign to the pole, State Law allows the tow companies to provide tow signs, but they cannot install it, as the parking facility is required to provide written notice to the tow company, that the parking facility installed the sign. Occupations Code 2308.255.
Knowing firsthand how Tow Times operates, they provide something of value to the parking facility in connection with removal of a vehicle, basically giving the property manager a kickback, which is prohibited by State Law, Occupations Code 2308.402.
The day after this article was published, three residents videotaped a Tow Time tow truck driver raise the sign higher at the east entrance in front of the office, but State Law states this is parking facility’s responsibility to install the tow sign, but regardless the actions of the tow company and this property manager are proof they are in bed together to take advantage of the residents and their guests….
With this knowledge and finding of facts, everyone towed regardless the reason, even if towed a year ago and still have the paperwork you were given when you retrieved your towed vehicle, is encouraged to file the Small Claims Lawsuit for Statutory Violations against the property manager c/o Sunridge Management Group (600 Westinghouse Road, Georgetown, Texas 78626) and the landowner, Charlie Nicholas c/o CN WESTINGHOUSE POINTE APARTMENTS LP, 420 S FORK DR LEWISVILLE, TX 75057.
You must use these exact names on the Small Claims Court Petition, as if you don’t, you could win a judgement, that is not collectable.
It’s highly advised this lawsuit be filed in Justice of the Peace Edna Staudt’s court in Cedar Park, as the JPs in Georgetown and Round Rock have history of being infected with the Black Robe Disease, incapable of upholding the law as written, not some interpretation that holds any merit. JP Staudt hanged Eagle Towing for towing vehicles illegally from the parking lots around the Torchy’s Tacos in Cedar Park, so she is very familiar with the Tow Statute as she has been a Judge since the law passed in 1993.
The Statutory Violations for this property using the photos shown the article are as follows:
Occupations Code 2308.301(a)(1-5): tow sign not facing driver upon entry, driveways exceed 35′ in width require two signs, one on both side, mounted lower than 5′ off ground, not posted on parking facility (west driveway entry)
Occupations Code 2308.301(b)(4) fails to state covered parking require permit to park
Occupations Code 2308.305(a)(b) covered parking spaces require a permit and designated for someone is not marked in the front and rear of the space, while on space number is higher than the 7′ requirement which as at 8’8″
Occupations Code 2308.255(a)(1), tow company installed tow signs on their round poles, property manager could show this document in Court, but under cross-examination will admit their maintenance man did not install signs as claimed, basically falsify a government required document, which also carries the criminal charge of “Tampering with a government document, a State Jail felony, should a vehicle owner operator after Court rules in your favor, which to file criminal charges with the Georgetown Police Department.
Occupations Code 2308.401(a)(1), states parking facility owner may not directly or indirectly accept anything of value from a towing company in connection with the removal of a vehicle from a parking facility. The round poles the signs are posted on are purchased from the Home Depot in Austin by the tow company, along with screws to attach the sign and provided the labor cost to install the signs, which are secured in the ground to prevent the wind from blowing the sign around just stuck into the ground on a post, not cemented.
In these types of lawsuit, a vehicle owner or operator will have to prove the property manager knowingly, intentionally or recklessly violated the law, which not hard to prove after cross-examining the property manager. As this property management company is a member of the Austin Apartment Association which is affiliated with the Texas Apartment Association, who provides the apartment leases and the TAA Redbook to property managers, to use as a guide in the property management, to all include how to tow vehicles.
The best part of Occupations Code 2308.404, the Civil Liability of a Parking Facility Owner, is 2308.404(b) which states; A vehicle’s owner or operator is not required to prove negligence of a parking facility owner.
As you can clearly see, the property manager at the Anatole at Westinghouse Apartments has knowingly been taking advantage of her residents and their guest for some time, as we spoke with her once before when they using a tow company from Lampasas who was outright stealing vehicles with this property manager’s authorization, as she could careless her residents were forced to find ride the Lampasas taking up a half day missing work, doctor’s appointments and school, just to enrich herself until she was brought before a Judge to put her in her place, but as you can see, your property manager has not learned her lesson about obeying the law and now those whom suffered at the hands of this dishonest property manager can take her to Court again to collect $1000 plus three times what you paid, in addition to the costs of repairs for damage done to your vehicle.
You do not need an attorney to fight this battle if you follow the instruction on filing using EFile Texas.
Vehicle owners and operators are also encouraged to call Officer David Scurlock with the Georgetown Police Department at 512-930-3510 option 1 to file criminal charges, specifically “Felony Theft Dollar Value of the vehicle since probable cause does not exist to tow your vehicle, against the tow truck operator and your property manager.