Towing Issues: Papa Johns Driver truck towed, small claims court, handicap parking


Question
So I just want to ask you why this was allowed to happen. And if you know how we fight this? It is a VERY messed up situation with SWAT Investment Towing. My Husband James was delivering a pizza this last evening, his first run of the night. The apartment complex has a contract with a towing company where if you park in the wrong place you get towed. James had just stepped away to deliver a pizza to a woman in traction; she had just had foot surgery that prevented her from walking down to James, which is the normal way that pizza has been delivered to this complex in the past. Note that the guest parking was full, and so he went to the garage, and walked to her door. He was away for only 5 minuets. In the meantime a tow truck drive swooped in and took my Husband's truck all in less then 6 minuets. James came back to find that his truck was gone so he called the cops...and he was told to call the towing company. He called the towing company and they refused to return the truck. This was James' first delivery of the night and so he lost wages and also had to pay $250.00 that we don't have in the first place, in order to get his truck out of impound. This driver had no common sense....that the pizza light was on, shows that the vehicle is in use doing a service. James was not planing to stay over night, He was taking care of his customer. And she was the one who told him to come in through the garage. He did not park in the handicap parking or by the restricted fire zone. All the other spots in this building were taken. What other options did he have?

Answer
small claims court would be his route to try and get some of the money back.

BUT, I have to say that I regularly see delivery trucks (UPS, FED EX, Pizza, and others who think that they can park were they want and do their business...  

Now, I know that Texas has some very aggressive tow companies out there and Swat is one what I have heard of before. But they still have a job to do, which they are contracted to do by the property owners - managers or whoever is in charge of the property.

Reason for towing so aggressively, is that people do not care about other peoples rights anymore. Its all about ME, ME, ME...

Now the garage that he parked in, was it her garage? or someone else space?
If that was someone else space then what do you think they would do if they came home and the truck was there in the way?

You would not like it if someone parked in your driveway or space and you would have it towed also. After all in many complexes the people have to pay additional for parking spaces...



Its just like a fire lane, a lot of delivery companies - people park in them "cause I will only be a few minutes"... Emergencies happen in a few minutes and we all know how much the person affected wants help or assistance..  
Document everything, if you are going to go the small claims court route. You have to convince the judge that you were wronged and that you had a legal right to be there.

Good luck