Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
My question involves civil rights in the State of: Texas
So here is the situation. Yesterday morning, my car, along with 13 others, was towed without warning from a campus parking lot that is now undergoing renovations. This parking lot is completely open to students and faculty 24/7, and is used everyday for parking for students that live in student apartments across the street.
Yesterday morning however, the campus launched a re-paving project in this parking lot and removed any vehicles by towing them to an adjacent lot roughly 150-300ft away, where most students couldn't even see their vehicles. There was no prior warning sent out, concerning the renovation of this parking lot, or any others, on any platform that students could access. No email, website postings, mail, or even posted signs. And then there was not any notice after the fact.
I only eventually found my vehicle by contacting campus police. I learned the identity from campus police and then contacted the campus employee that had authorized the removal of the vehicles, who claimed that "Ample Notice Had Been Sent Out Several Weeks In Advance" and that they had simply "Scooted the cars out of the way".
After all of this, I would simply like to know if there is any legal precedent allowing me to file charges against either the employee that authorized the removal, or the campus itself. If you could, I would also like you to link me to some penal codes or any Texas laws if they do so exist.
Thank You in advance and I wish you a wonderful day.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
Was your car damaged in any way? You really aren't going to get anywhere trying to file criminal charges for this. Had you suffered damages, you might have tried a civil suit but even that isn't likely to have been successful.
You are free to file personnel complaints regarding how the situation was handled.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
If I had a dollar for every time I've had an employee complain that the never received any notice of something, and I was able to pull out a copy of the notice (sometimes with their signature on it) I'd be able to retire a whole lot sooner.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
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Ulrich_Stern
After all of this, I would simply like to know if there is any legal precedent allowing me to file charges against either the employee that authorized the removal, or the campus itself. If you could, I would also like you to link me to some penal codes or any Texas laws if they do so exist.
This is not something that is usually taught in college but you've just learned a very important lesson about life:
Sometimes bad or inconvenient things happen for which there is no recourse. You just suck it up, get over it, and get on with your life.
This is one of those times.
Happens to grown-ups all the time.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
Any chance this college assigns email addresses to all students when they enroll?
If so, I'll bet dollars to donuts the notice was emailed. I just retired from a college where this is what would have happened, even though many students admitted they never read their college email.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
If it is anything like the University where I work, email went out, there was postings up on the web site for the department and/or transportation and parking services, signs posted in and around the parking lot in question, and maybe even blasts on other social media sites as well - Facebook and Wildfire, to name just two.
Many of us tend to ignore such posts. But, sometimes, they might actually pertain to something we do ... like park our personal vehicle in a campus lot so we don't have to park in our residential complex.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
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cdwjava
If it is anything like the University where I work, email went out, there was postings up on the web site for the department and/or transportation and parking services, signs posted in and around the parking lot in question, and maybe even blasts on other social media sites as well - Facebook and Wildfire, to name just two.
Many of us tend to ignore such posts. But, sometimes, they might actually pertain to something we do ... like park our personal vehicle in a campus lot so we don't have to park in our residential complex.
Amen, brother. My favorite story is about an employee who called complaining that we'd never notified him that we were making changes to the investment options for the retirement plans. In the Very. Next. Sentence he announced that he never read any of the notices we sent out. I informed him that the notices he never received were in the packages he never read. When we put the notices that had been sent out together, it was fully half an inch thick.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
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cdwjava
If it is anything like the University where I work, email went out, there was postings up on the web site for the department and/or transportation and parking services, signs posted in and around the parking lot in question, and maybe even blasts on other social media sites as well - Facebook and Wildfire, to name just two.
Many of us tend to ignore such posts. But, sometimes, they might actually pertain to something we do ... like park our personal vehicle in a campus lot so we don't have to park in our residential complex.
As I stated in my original posting, there was no form of notification sent out to students. The student's website contained no notice or warning about this parking lot being closed down, even when I looked through all of the postings for the last several weeks, and I regularly check my student Email as well. This is a small college campus containing roughly 5000 students or less daily. If appropriate notifications had been made, the campus would not have towed over a dozen vehicles. And I state Again, there was no attempt to contact the owners of the vehicles after the fact. This was not repossession or removal of vehicles parked illegally, this was a college campus stating that they do not care about their students rights.
I came here asking for advice and have been greeted by nothing but prejudice regarding my status as a student, comments about "Life Sucks", and doubts about whether I've followed through on gathering what info I need.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
You have no damages hence there is no nothing to collect. If you think the Dean or any member of the school staff is going to be arrested you are wrong.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
Was your vehicle damaged? Did you incur a financial loss of some kind as a result of the vehicle being moved? If the answer to both of these questions is "no", then what exactly would you hope to sue for? Lawsuits are about money. Compensation to make you whole. SOME torts have built-in financial penalties to them, but I doubt that moving your car out of the way so a lot can be paved is one of them. You are, of course, free to consult local attorneys and see what they have to say.
A suggestion: Maybe you shouldn't park in the campus lot.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
I would simply like to know if there is any legal precedent allowing me to file charges against either the employee that authorized the removal, or the campus itself.
No. There is no legal precedent allowing you to file charges against either the employee that authorized the removal or the campus itself. You have no legal recourse against anyone. You have no damages and nothing to sue for.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
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Ulrich_Stern
I came here asking for advice and have been greeted by nothing but prejudice regarding my status as a student, comments about "Life Sucks", and doubts about whether I've followed through on gathering what info I need.
I don't recall any of that in my response.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
After several hours of research and consulting, I have determined that Texas Code 2308.259 does include sections that allow me to pursue legal action.
Texas 2308.259 Towing Company’s Authority to Tow Vehicle From University Parking Facility
• (a) In this section:
o (1) “Special event” means a university-sanctioned, on-campus activity, including parking lot maintenance.
o (2) “University” means:
(A) a public senior college or university, as defined by Section 61.003, Education Code; or
(B) a private or independent institution of a higher education, as defined by Section 61.003, Education Code.
• (b) Subject to Subsection (c), an individual designated by a university may, to facilitate a special event, request that a vehicle parked at a university parking facility be towed to another location on the university campus.
• (c) A vehicle may not be towed under Subsection (b) unless signs complying with this section are installed on the parking facility for the 72 hours preceding towing enforcement for the special event and for 48 hours after the conclusion of the special event.
Texas Code 2308.259
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
Okay. Now, tell us what financial damages you suffered.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
The university may have acted unlawfully by ordering the tow without complying with the law, unfortunately there aren't significant enough damages for any legal action to be taken or warranted. For this one isolated case, law enforcement will not take action. You can take civil action but for it to be warranted you would need to have suffered some sort of significant damage. You did not. This situation is such a minor deal that it is a waste of time dwell upon it any longer.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
I think you are all wrong. I believe he can sue for 2, maybe 3 million dollars. His car will probably be a valuable antique in a couple of hundred years and this towing may hinder his ability to sell it. Additionally he has suffered emotional harm which I am sure will cost him a bunch in medical appointments and treatments.
Sorry OP, I know I am not giving you sound legal advice, but the best advice you NEED was already given - get over it and accept some wisdom. Or you can raise a fuss, complain to many people, at most get an apology...and then next year when you need a favor, you somehow don't get it.....
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
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Guybrush
I think you are all wrong. I believe he can sue for 2, maybe 3 million dollars. His car will probably be a valuable antique in a couple of hundred years and this towing may hinder his ability to sell it. Additionally he has suffered emotional harm which I am sure will cost him a bunch in medical appointments and treatments.
Sorry OP, I know I am not giving you sound legal advice, but the best advice you NEED was already given - get over it and accept some wisdom. Or you can raise a fuss, complain to many people, at most get an apology...and then next year when you need a favor, you somehow don't get it.....
The only advice I was given here, was to consult an actual legal aide instead of a forum that I can only assume is run by those that have take a single criminal justice class, or have watched a lot of Law and Order.
Again I wish you the best, and pray that you do not quit your day jobs.
This is yours truly, Signing off of Expert Law for the last time.
Re: Authorized and Legally Parked Vehicle Towed on College Campus with No Warning
My friend, as long as you cannot show any financial damages, even in the unlikely event that you could get it into court, the BEST you could expect would be the judge to tell the school, next time send out notices, and then tell you to go home and stop wasting his time.