QuestionQUESTION: Truck was towed from Albertsons (grocery store) parking lot- with no signs posted anywhere about no parking anywhere in vicinity. After looking all over found sign facing the street but away from the parking lot that said no parking for sale cars. Towing company said it was towed because we were parked in lot w/ for sale sign in passenger window. I asked if there wasn't a sign in window would truck have been towed? Was told no. Long story short property manager was rude said she wasn't going to give us our truck and we needed to leave. I told her that I would leave after I called the cops to get my truck. She said F--k you and walked off. I walked off and went to sit in car while my husband went in. The supposed owner came over to the car and I told him that he and his managers shouldn't treat people that way and I would report the incident to the BBB. He said just for that its going to cost you $100 more. I told him that he couldn't do that and he said watch me. And we paid $100 more than the price that we were quoted on the phone and when I first got there. Can they do this. We paid 330 for them to "take" our truck out of a grocery store parking lot and take it to their VSF less than 10 miles away just for us to pick it up 4 hours later.
CAN THEY DO THIS?????
ANSWER: Well parking of vehicles in store parking lots with for sale signs is always a big problem no matter if you are in Texas, or New York...
It goes back to the issue of the stores paying rent (Percentages of sales) for the privilege to be there...
Now if you were shopping there and had the for sale signs on the vehicle, it might be a bit different, but most vehicles which are for sale are parked next to the street for visibility.
Were you shopping or parked trying to sell it ???
That is a big key here.
Now the sign you said which faced the street, meets the requirements for posting as it is visible when you enter the lot. That is what the laws read...
Now as to the attitudes from the property manager and the "owner" well its one usually developed after about 100 or so of these cases...
And of course you were mad and were looking for anything to complain about, and of course the reporting to the BBB (who by the way can only take reports but does not have any teeth to punish anyone) just aggravates the people more...
As to charging more after that, that makes me wonder how and for what they did that. After all Texas rates have to be posted with the state and also at the tow company VSF...
That does seem a bit strange...
But long answer short, the only thing you can do is to try the small claims court route, but remember there is a chance you could lose also.
---------- FOLLOW-UP ----------
QUESTION: But don't signs have to be posted to ALL entrances to the parking lot? I read and I'm not sure if I'm understanding this correctly and want to ask an expert... According to Sec. 2308.301(a) Except as provided by Subsection (a)(2)(B) and Section 2308.304 or 2308.305 an unauthorized vehicle may not be towed under Section 2308.252(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:
So the fact that signs are not posted at all entrances and therefore I wasn't aware of the "no parking"- because there were no "visible" signs. If I came through one of those entrances- which I did- and wasn't warned- which I wasn't... don't I have a leg to stand on?
AnswerWell that section is correct in saying that the signs have to be posted and such... But then again, any good argument that the signs were not there can be countered with one that they were "damaged or removed" by irate customers or the weather caused them to be destroyed.
It is kind of a 2 way street in that argument.. He says, they say issues...
It would all depend on how you would present the case to the judge as if you "had a leg to stand on".
Being the devils advocate here, can you prove that the signs are not up, are they there now? Things like that... Pictures are great, but do you have a camera which prints the date and time on the picture...
Even if you had one, that would show at that point what ever was visible then. Lets say a week has gone past and you go take pictures of no signs. But the next day the signs are replaced due to damages being done... Are the signs consistent through out the complex. Or is this one of those kind of shopping places, where you have the Albertsons store behind other stores such as a McDonalds, which actually has curbs all the way around the property but does have a cut though in the curb to get back to Albertsons.
That is very common and a problem because you actually did "enter McDonalds" but went to Albertsons. So who would you expect to have the signs there?
And if it said McDonalds Parking only but you drove though to Alberstons then were you legal and would the signs be legal?
This is the kind of issues where you really have to step back and look at the overall picture to get the "legal views" of the issue.
That is what a judge would do and want to see evidence of.
