Towing Issues: illegal tow, tow truck driver, tow companies

Question
I recently parked in a rather large strip mall behind a MacDonalds for three
hours.  There were no signs which indicated no parking, parking for patrons
only or any other words.  There were no signs behind the MacDonalds store
at all and the parking lot opened up to a rather large parking lot to a strip
mall.  Further back in the parking lot there were signs in front of other stores
but these signs are not visible from where I parked.  In any event i purchased
some food from MacDonalds and met my wife and children in the park next
to where i parked.

When i returned to my car it was in the process to be towed.  The driver had
my car on the hoist but the lights were not hooked up.  He told me that i had
5 minutes to get him 140 in cash and i did because my wife and kids were in
98* weather and i couldn't afford to have my car towed.  I felt it was a illegal
but i had to go along with the tow truck driver so he wouldn't take my car.  He
also made me sign a form that i allowed him to tow my car even though he
didn't really tow my car.  He only took my money.

Worse yet he said to have the McDonalds call him and let him know I was in
the store and he would give me my money back.  I did this and he still did not
care nor return my money.

Answer
Ah the fun of shared parking lots.. I can relate to this kind of deal as we have a McDonalds here with a Dollar General and K Mart behind it...

Its hard to really establish who owns what part of parking lots like this and that is what some shady tow companies play off of.
Well a few things raise some concern here.  First of all the fact that he had you sign a form to tow your vehicle.  Are you sure it was not signing the receipt that you received the vehicle and there was no damage... Or was it an impound authorization form to tow the illegally parked vehicle...

Reason I ask is if he had you authorize the impound then he is really breaking the laws there in Texas.   Now as to McDonalds calling and telling him you were a customer, I think he was buying time to get out of there.

Now Texas has just changed the rules  regarding towing vehicles from Private property and while I am not sure when it happened but I am betting that it was just before the changes...

I hate to say it but this sounds like he was one of the "problem maker" tow trucks which create problems for everyone...

In the link below there are some regulations and such and you might find out who would be the ones to complain to.   I do hope that you got a receipt for the money you paid... If not then it is really a big red flag...


Here are some links to check out as you know exactly what happened and such, I would be guessing.  Hope this helps

http://law.onecle.com/texas/transportation/chapter684.html