Vehicle Towed from My Own Assigned Parking Spot

[mangesh]

My question involves towing laws for the State of: Texas

Hello -

I have purchased an assigned covered parking spot in my apartment complex. I was given a blue sticker when i signed my lease agreement. I had no car when i moved in, but last week i bought a new car and brought it home and parked it on my 'assigned' spot. I just came inside for my dinner and after a while back came out to check out my new car, i found it was picked up from there. I called up 911 and found it was towed. I called up the towing company and they mentioned that I had no sticker on my car.

My question is - was it correct to pick up my car from MY assigned parking spot. I agree there was no sticker on that, but I had just bought it new and parked it there for not more than 30 mins, within that time it was towed away!! As it is my own assigned spot, I m sure no one would have called/complained that my car was parked on someone else's lot. My car is brand new and had no plates on it.. just the temporary registration provided by the dealer was attached to the number plate on the back.

Does the TX law state that my car can be just towed away by the "Abandoned Vehicle Enforcement" without putting up any notice? I have paid $249.80 for just parking on my own spot and not putting up the sticker?

Please guide me on how to get my money back!!

Regards,
Mangesh

[Mr. Knowitall]

If your rental agreement mandates that you (a) register your vehicle with the landlord and/or (b) display your parking permit at all times, and provides for the towing of vehicles that violate those rules, or if there are similar rules posted in the parking lot in a manner consistent with the governing state laws and local ordinances, and you failed to abide by the rules, then you can be towed.

Under Texas Occupations Code, § 2308.253, unless there is a contract (such as a lease provision) authorizing a tow, "a parking facility owner may not have a vehicle removed from the parking facility merely because the vehicle does not display... an unexpired license plate or registration insignia issued for the vehicle" (if that's one of the stated reasons for the tow).

[mangesh]

Thanks for your response.

I have gone through my entire lease agreement, and it no where mentions that I need to have the blue sticker on my car else my car will be towed. It does have a clause that mentions several reasons a car may be towed, but mine doesn't fit in it, as I was parking on my own assigned spot number which is also mentioned in the agreement. With this I went to my apartment office and spoke to the manager. He first said he'll give back $50 to me. But I mentioned that he needs to show me a document that I have signed that mentions the towing policy/authority. Also for your information, the covered parking area does not have any sign/board that mentions that I need to have a sticker. Then he argued that while signing the lease agreement we "said" that you have to put the sticker. But I had my arguement that show it to me on paper. He was baffled then and said would speak to his leasing company and would get back to me by tomorrow.

Now please let me know what should I be doing? the receipt metions that I have 14 business days to contest this in a court with a fee of $20. Is that the only fee I have to pay if I really decide to go to the court? Also do you think I have a case here? Am I right in my own way? will this work out for me?

Thanks agin for your help, really appreciate it!

Also attaching the snapshot of the Parking clause in my lease agreement...

[mangesh]

Update: The apartment leasing office is ready to pay me $125. I am not sure if I should go for this? I have paid $250 for the towing and $30 for the cab!! and these guys are just giving me back $125!!!

[LBaker]

If they towed our vehicle contrary to their own policy, then I think they should reimburse you for ALL your towing expenses. If they won't, take them to small claims court. Chances are, the time involved in dealing with that won't be worth the additional $125 to them and they will reimburse you for the towing.