QuestionQUESTION: I parked in my residence parking lot; I live in Houston, Texas.I have a handicaaped sticker but I am not sure if the trucker opened the door and threw it on the floor or if it is just fell. The car was parked for less then 10 minutes before it got towed; there is only one posted sign very far away and located on the enternce wall and the sign is kinda hidden behind the trees; do they have the right to tow me even if the sticker is not clearly showing?
proposed texas tow sig
ANSWER: Well Texas is in the middle of huge changes in the towing laws statewide. And it is so confusing to keep up with, as I read about 1 hour a day on the changes in some towing websites for that area...
I do know that they are really cracking down on the sign issue, which I tend to agree needs to be better posted. As a general rule there are supposed to be signs posted at the entrances to the complex and that generally is the rule other than specific spaces like in front of dumpsters and such. Now I have also heard that even the simple leaving of one word off the sign makes it illegal...
I have not got my copy of all the laws and such (last final state legislative day had changes in pending rules made) and as soon as I get the new books I will be a lot better off for Texas questions (I have heard that the book is like 200 pages now)...
Back to the question. If the tag fell off the mirror or where it was posted and was on the floor or where ever, then it would be hard to dispute that it was not visible when viewing it as a "court type issue".
It could of landed upside down and that would be hard to see if they did look for it. Now I know that some permits are DOUBLE SIDED and that is the best kind, but remember that the state issues the permits.
Now as to the possibility of the tow truck driver removing it or hiding it, well I can not say that would not happen, as much as I hate to say it there are some tow companies who do not follow the law and do things to get the tows legal. Remember in a lot of cases the tow truck driver gets paid on a percentage of the price of the tow. (no tow no money)
A few bad apples do tend to ruin things for everyone, and the laws being changed are mainly due to the bad apples. By far the majority of towers are legal and operate in a professional, legal and ethical business manner.
This is one of the images of a "TEXAS SIGN" that I have seen rules about, and keep in mind that they are trying to come up with a "STATE WIDE STANDARD ON SIGNS" now... This is only an example from what I hear.
( link to picture and info http://swtowop.org/towsignexample1.html )
---------- FOLLOW-UP ----------
QUESTION: Thank you and that was a great answer!
Just one more thing; When I went to pick up the car; I took the attendant with me and I asked him to look himself from the out side and before touching or opening the car thru the windows; as soon as we looked we both saw the handicapped sticker on the floor in mid section ; it looked very clear. He wrote me a note on the receipt stating the sticker was on the floor. Do I need to go to the TOW court and dispute it?
Also; there is no poll or sign to show it is a handicap capped parking; there is only the sign on the ground and please remember it was after 2 am.
I do want to thank you very much for taking the time and responding; you are great!
Should I contact the apartment complex managemnt or just send certified letter to both; the towing company and the complex asking for my money, drop the whole thing, or go to tow court and file for wrong tow court hearing?
AnswerWell, as I have been following the laws and changes in Texas, I have heard both sides of the argument on the Handicapped issue there.
I have heard that just the markings on the ground are good and I have also heard that each handicapped space needs the markings on the ground and a sign on a post (or wall) in front of each space. I am not sure which one is correct and I expect that even if the laws did recently change like some did and were put in place June 1st that it still has not got everything corrected and posted properly.
As to the tow court, it would not be a bad idea if you can take the time and it is not to costly to do that. I can not say what the outcome would be though, but the more evidence that you have the better off it is.
Remember one key issue is who authorized the vehicle to be removed. Was it "cruised" and then towed or did someone from the property management call it in and have it towed.
And at 2AM it sounds like the tow truck driver was "patrolling - cruising" for vehicles....
Good luck on what ever you decide.
