Tow companies learn sooner or later, they cannot provide anything of value to a parking facility owner/manager in connection with the removal of a vehicle. A parking permit with a tow company name on it is a shear sign the property manager accepted something of value, but as in the case with Texas Impound Services, Gary Phillips, the owner, gives many other perks to property managers whom sign a tow contract with his company. There is a Texas Attorney General Opinion (JC-0554) that addresses the actions of a tow company who provides something of value, other than the tow sign, as the law changed in 2013 that allows a tow company to provide a tow sign.
Since municipalities in Denton County, Texas do not regulate the private property tow fee, Phillips, like all the PPI tow companies charge the State Cap Tow Fee of $255, in addition to the $40 in regulated storage fees, plus State Sales Tax of $3.30, costing a vehicle owner or operator $298.30 with one day of storage. The $298.30 equates to $1900 payable by the property management company and landowner after a vehicle owner or operate files the Small Claims Lawsuit for Statutory Violations (2308.404) in Justice Court. But as with the majority of these types of lawsuits for violating Occupations Code 2308.401, there are additional violations documented.
Everyone towed by Texas Impound Services is encouraged to file a complaint with the Texas Department of Licensing & Regulations, as doing nothing after being towed by this shady tow company, as with all shady tow companies, allows them to remain in business.
The deadline to file the Small Claims Lawsuit for Statutory Violations after being towed against the property management company, business owner and landowner is two years from the date of tow.
When filing this specific lawsuit, when towed from any city in Denton County, we recommend this action be filed in Denton County Justice of the Peace Kerbow’s Court in Lewisville.