Towing Issues: apartment complex towing, tow companies, towing companies

Question
I was  recently towed from an apartment complex in Houston, TX.  There is a "breezeway" or "driveway" that leads to the front office.  There is also a small parking lot in front of the front office.  When this lot is full people often park in the "breezeway" as they call it.  Unfortunately I was towed from here.  There are no signs anywhere on the property about towing.  There are also no "no parking" signs.  The curb is not red, etc., and there is nothing that would lead me to believe I couldn't park there.  I called the apartment complex before they opened to get my vehicle and an answering service answered.  They said there was no towing company on file for the apartment complex.  I waited until the complex opened, and they said I was towed.  They gave me the towing companies info to get my vehicle back.  When asked about tow signs, their response was "we are not legally obligated to put a sign up."  My question is; if I pull into a parking lot and there are no "no parking" signs and no signs with the towing companies info, how am I supposed to know I can't park there?  And let's say I was towed on a Fri night and the complex doesn't open until Monday morning.  With the calling center not having a towing company on record, could they really make me wait until Monday to get my vehicle back?

Answer
well Texas does have sign laws and I believe that you were given bad information... I am going to defend the answering service right now as they only have the information which they are provided of which the property management most likely did not give them or they just could not find the information about the tow company...


Now as to the sign laws, I will post what I have at the end of the answer here in regards to what is required...

NOW I have to say that September 1 2008, there are new laws which take effect regarding tow companies and the laws they have to follow... Some of them are very new changes and they have created problems... I am still reviewing them  as there are 78 pages of them which at times reference old laws... Lots of homework to get straight here...

As to the waiting for the info as to who has towed you, from my understanding the tow company or property owner is to call the police and report the towed vehicle... That was always an option...
And yes while tow companies are a 24 hour service, they also have regular office hours.. That is what happens and at times its hard to catch up with a driver, unless you make an appointment to redeem your vehicle which at times has additional fees for "after hours releases"


I hope that this helps, but I was not there, I am not familiar with the area and so its really hard to provide information from only one side of the story.





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Texas
§ 684.031. General Requirements for Sign Prohibiting Unauthorized Vehicles

(a) Except as provided by Subsection (a)(2)(B) and Section 684.034 or 684.035 an unauthorized vehicle may not be towed under Section 684.012(a)(1) unless a sign prohibiting unauthorized vehicles on a parking facility is:

(1) facing and conspicuously visible to the driver of a vehicle that enters the facility;

(2) located:

(A) on the right or left side of each driveway or curb-cut through which a vehicle can enter the facility, including an entry from an alley abutting the facility; or

(B) at intervals along the entrance so that no entrance is farther than 25 feet from a sign if:

(i) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto a parking facility from a public roadway other than an alley; and

(ii) the width of an entrance exceeds 35 feet;

(3) permanently mounted on a pole, post, permanent wall, or permanent barrier;

(4) installed on the parking facility; and


(5) installed so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level.

(b) Except as provided by Section 684.035, an unauthorized vehicle may be towed under Section 684.012(a)(1) only if each sign prohibiting unauthorized vehicles:

(1) is made of weather-resistant material;

(2) is at least 18 inches wide and 24 inches tall;

(3) contains the international symbol for towing vehicles;

(4) contains a statement describing who may park in the parking facility and prohibiting all others;

(5) bears the words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense";

(6) contains a statement of the days and hours of towing enforcement; and

(7) contains a number, including the area code, of a telephone that is answered 24 hours a day to enable an owner or operator of a vehicle to locate the vehicle.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 684.032. Color, Layout, and Lettering Height Requirements

(a) Except as provided by Section 684.035, each sign required by this chapter must comply with the color, layout, and lettering height requirements of this section.

(b) A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate sign placed immediately above the sign.

(c) The portion of the sign immediately below the international towing symbol must contain the words "Towing Enforced" or the information provided by Section 684.031(b)(4) in lettering at least two inches in height. The lettering on this portion of the sign must consist of white letters on a bright red background.

(d) Except as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required by Section 684.031(b) displayed in bright red letters at least one inch in height on a white background.

(e) The bottommost portion of the sign must contain the telephone number required by Section 684.031(b), in lettering at least one inch in height and may, if the facility owner chooses or if an applicable municipal ordinance requires, include the name and address of the storage facility to which an unauthorized vehicle will be removed. The lettering on this portion of the sign must consist of white letters on a bright red background.

(f) Expired

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 684.033. Telephone Number for Locating Towed Vehicle Required

If a parking facility owner posts a sign described by Sections 684.031 and 684.032, the owner of a vehicle that is towed from the facility under this chapter must be able to locate the vehicle by calling the telephone number on the sign.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.