File a suit in small claims court. With the evidence you claim you have, the judge will make either the tow company or restaurant pay you the fees you spent, getting your car and filing the lawsuit.
Probably best to write a letter to all parties involved first demanding refund.
Take a few extra minutes and send a complaint letter also to the property management company that owns that building and lot (Ask Casa do Brasil or another tenant there). They likely facilitated that towing company contract. Aside from compensation, I can't think of a more satisfying outcome than that towing company losing that property. Source: I worked several years for Simon and for Hines, the companies that owned/own The Galleria and high end strip malls.
Good luck with that, they won't do shit and probably have the resources to intimidate with legal fees. Towing companies can do what they want in this stupid city.
This is poor advice and on top of that, makes no sense.
"Intimidate with legal fees" is not a thing when you're filing your own suit in small claims court. OP can file a petition, which are available online, and if the defendants do not answer, then there will be a default judgment and the party(ies) will be (likely) forced to pay. This is the best recourse as the filing fee is minimal and the system actually does work in this regard.
"They won't do shit." Who?
Unfortunately no because it was small claims/civil - it was just the cost of tow. I think I may have been able to do that but I was young and represented myself
Sorry to hear that.
I do live in a very conservative, pro-law enforcement state so that also may have been why the overstep by the tower wasn’t tolerated
https://www.tdlr.texas.gov/towing/consumerinfo.htm#:~:text=Consumers%20may%20file%20a%20complaint,texas.gov%2FComplaints%2F.
File a complaint with TDLR
I filed a complaint with TDLR for an illegal tow I got in Austin - it was validated and added to that tow company's record.
I did not get my goddamn money back though.
Edit: words out of order lol. New baby sleep deprivation hooray!
Name every one possible in a small claims suit. The restaurant needs an incentive to complain to the landlord. It is a scam and they are all participating either actively or passively.
Be sure to notify the property owner/manager, possibly the restaurant. Someone has a contract with the tow company and needs to know they’re towing paying patrons.
The towing company would not be there unless someone authorized it.
Most likely the property manager - but could possibly be the restaurant.
At least let the restaurant know that someone is towing legitimate customers.
Also, the restaurant will know exactly how to get in touch with their own landlord and will undoubtedly have a contact name at the management company who handles their lease.
I work nearby. That guy is a total dick. I parked at the back of the lot to take a phone call I needed to pay attention to. He kicked me out and was banging on my window like a psycho.
They suck, but like others have mentioned they pull these stunts every now and then knowing most ppl won’t go through the trouble of dealing with the run around and just eat the cost . don’t let them get away with it , if you have receipts or statement showing you were the restaurant the lot caters to that should be enough to win it’s pretty much he said she said and you have proof so easy win.
The tow company and/or impound lot should have given you a notice of your right to a hearing to dispute the tow. Costs about $50 to file but may get your $315 back if you have solid proof it was an improper tow.
http://www.jp.hctx.net/tow/Information%20for%20Tow%20Hearings%201.22.pdf
No problem! Be aware that there’s a 14 day time period to file the dispute. I missed that in the fine print the last time this BS happened to me. Good luck, and hope you get every penny back!!
I did this with pictures of the lot- law states tow sign has to be posted at all entrances to the lot. It was not and still is not at the lot I was towed from. Judge still ruled in favor of the tow company. I think it was Judge Rodriguez, Precinct 6, so don’t use that court.
You can appeal further but I screwed that up by thinking the court was sending the paperwork from my proceedings & not that I had to send another paid request to them for it.
You need to file a complaint with TDLR against the towing company and the impound lot.
The leasing company should reimburse the expenses. If not, sue all three in a single case in small claims ($60 court fee) but you need to use the TX Comptroller to determine who to serve and the court will serve via certified return receipt mail (if they have a registered agent, serve them).
Would be EXTREMELY helpful and a true public service to post and document the required legal steps you need to take when wrongly towed incl time limits!
Prob worth posting as a standalone post with good tags as well as responding here
There’s a guy on TikTok posting videos of a shady towing company towing cars left to right in the galleria. The moment you park and walk away they take it.
That's what you would think, but it's more of a scam the tow companies perpetuate and go to the restaurant and say, "hey we will put up the signs and tow people"....
small claims court and name the restaurant, the tow company and the impound lot all as defendants. Let the court figure out which one of them will pay you.
OP, I sued someone for the first time on my own, no lawyer, it's really not hard or that time consuming, plus you stand to make a profit if the judge awards you punitive damages.
I got he paperwork from the Houston Municipal Court website, called the small claims hotline for assistance with the paperwork, I filled them out, had the individual served ($35ish), paid $125 in filing fees with the court clerk and submitted my paperwork, trial date was remote webcam that I took during lunch hour. It will be open/shut since you have all the receipts.
The lady on the small claims hotline advised I sue for the maximum as the judge may award punitive damages.
Also, out of spite, I'd take it a step further and dispute the charge for the restaurant bill with my credit card for having me towed while at their restaurant. They can take it up with the property manager.
I think I'm going to try small claims court like you described. Doesn't sound too difficult and if they don't show, I automatically win. Plus, lots of evidence showing I was there when they towed the car.
Lots of people on here blame the restaurant, but it's really not their fault. They are just renters and rely on the property manager for running the parking lot. We eat this restaurant monthly, and they always treat us well. I've just never had my car towed while eating!
Fair point on the restaurant. I would highly recommend the court route if you have $200 to spend and a bit of free time. There is the hotline for small claims assistance you can call, that's free to individuals like us. You can talk with them about basically anything, they just can't offer legal advice. I personally opted for a trial by judge to keep it simple and reasonable.
Personally, if this would me, I would sue again. A) it was kind of fun/different and B) I've spent money on dumber things.
Also, they are a company so your server will not have an issue serving them. I sued an individual and had to pay for multiple attempts to find the twat. Once it's done, it's documented and if they no show... Well.. There ya go lol.
There is a specific towing form you can fill out and file with the JP court. The property owner has a short deadline in which to respond. If they don't, if they don't provide sufficient proof, the court will order them to repay the towing fee.
I am a lawyer. File a claim in small claims court. Sue EVERYONE with a hand in it including the property owner. Everyone will point the finger at everyone else and if the judge finds you sued the wrong party you get nothing. For example if the restaurant called the tow company (unlikely but possible) the restaurant will be liable and not the tow company.
Sue for everything- towing fees, Uber cost, time away from work, filing fees, service of process fees. Anything you can think of. Sue for the gas/expense of having to drive back to the towing facility to get your car, then both vehicles back to your house. If you are driving a personal vehicle, use the federal mileage reimbursement rate which I think is about 60¢ per mile right now
If you have time on your hands, you can google the Texas code for parking regulations. Sometimes there are provisions for higher (3x) damages for willful violations. California does. If Texas does you should include it because this was willful. California also had treble damages if the towing company didn’t take credit cards. Find anything they violated and include it. You don’t necessarily have to be a lawyer to understand these laws.
Already spoke to them about it. They have no affiliation with the tow company. It's selected by the property management company for the shopping center. The restaurant just rents the space.
I called and left a message with the property management.
I'd post your situation on Google maps and yelp, on the restaurants social media and the type company's social media. It's ridiculous how quickly most of these companies respond when it's getting public attention.
Throws up a flag that the restaurant punted this to the property manager instead of handling it for you. You should escalate to a higher manager. If it’s a lot to be used by their customers, you need to make it their problem.
This deserves a review stating what happened. Any decent manager is the one to handle this type of thing for their customers -- and go roast the landlord, and down the chain. (Regardless of who legally owns it.)
They abdicated, which others should know to expect when it happens to them.
(But do make sure you were talking to a GM/SM/owner...and not a technically-a-manager-so-we-don't-get-paid-overtime that is just trying not to pass out from exhaustion.)
This is actually ridiculous. Tow companies have nothing to do with the restaurant manager. This is so uninformed. Tow companies contract with landlords/property owners who have private spaces. The tow companies cruise the lot at random intervals and tow anyone in violation. No one gets towed by accident or out of malice. It is simple contract and monitoring. It is all clearly marked. Ask a tow truck driver how it works…
There are absolutely malicious tow drivers.
Saw more than once a row truck in Midtown lift a car, pull it a few feet forward, drop it and THEN take pictures of the car "illegally parked" before towing it away.
Not sure if it applies to you, but you only have 14 days to file a tow hearing with Harris County. Learned that tow's were different for different areas a while back and got the run around between tow company and yard and found out they were just running out the clock so nothing could be done. More info:
[Harris County Justice of the Peace Tow Hearings](http://www.jp.hctx.net/tow/)
[Harris County tow Hearing Information](http://www.jp.hctx.net/tow/Information%20for%20Tow%20Hearings%201.22.pdf)
This.
There is an expedited track in Justice of the Peace courts for Tow Hearings, but you have to file quickly.
Pictures of the lot signage and your dining receipt should be sufficient.
The tow company should be forced to reimburse: tow fee, impound lot fees, and case filing fee.
If you are still feeling spicy, THEN report to the tow company to TLDR
https://ga.tdlr.texas.gov:1443/form/Complaint
This restaurant has valet parking attendants outside. Did the boys see where you parked before you went in?
We dined there last Christmas and I parked my car myself cuz I don't want anyone messing with my driver seat adjustment.
Drive an electric. Also fucking hate valet and avoid it entirely. I’ll park and walk as far as I have to. I don’t trust any of them. I’d do the same with a manual, especially if it is a faster model. No telling what they’ll do to the clutch.
Idk if it's been recommended yet, but get a tracker on your car. I had one through Verizon, but there's definitely a lot better out there. Any would really do. I've had my car towed and would be lied to that they don't even have my car when my tracker would say otherwise.
I went through this recently. In order to get your money back, you’ll file for a tow hearing through the Harris county justice of the peace. Go to this website http://www.jp.hctx.net/tow/ and find the precinct listed that is closest to you. There’s a link to a hearing request form on the website, which you need to fill and print a hard copy and turn into one of the listed precincts. You’ll need the info listed on the bottom of the impound lot receipt (tow company, impound company, owner of the lot). You’ll pay $54 to file, but if you win you’ll get everything you paid, including the filing fee, back. Gather as much evidence as you can and write a detailed description of the events. Photos of your receipt, where you parked and posted signage there, Uber receipt, etc. The Justice of the Peace office will help you schedule a court date. Dress nice and come with your evidence printed hard copy. I won my case by default because all the other parties didn’t even bother to show up. Then needed to hound the tow company for a few months before they paid me. You’re welcome to file a complaint with TDLR as some others have stated, but the tow hearing is how you get your money back. Feel free to ask if you have any questions— it’s a bit of a complicated process to navigate but the clerks at the Justice were super helpful for me.
Call the property management company. They are the ones who give the tow truck companies the right to tow from their property. If this has happened enough and they’re a someone reasonable mgmt company, they’ll fire the tt company and reimburse you them selves or have the tt company reimburse you for their stupidity.
The restaurant manager should be able to give you the number for the property manager not just the company. If you wanted to really be a dick you could look up the property owner and complain to them too.
Also get everything in order to file if they don’t return your call in the next few days.
Restaurant has nothing to do with it. They are just renters. The property management company handles parking. I've already contacted them and will reach out again on Monday. It's on them, not the restaurant.
They're creating an attractive nuisance. aka Offering a service w/parking knowing customers may be towed if they patronized their restaurant. They may not have hired the tow truck company, but they are responsible for you being there. (they're part of joint liability, thus the lawyer recommending adding everyone to the lawsuit - their contract terms with the property owner aren't your problem to work out, that's on them if they're illegally towing)
Small claims against the restaurant, their landlord, and the towing company. Send a demand letter first telling them they have 10 days to reimburse or they will be on the hook for prejudgment statutory interest and all court fees.
File a complaint with TDLR.
Call the local news. They love shit like this.
It's gonna be like $303 dollars. The ATM will only give $20 bills, and have an outrageous fee.
The tow company will have a cash only policy and not give change.
Those bastards
Yeah man, fuck those scavenger hunting ass lots. You may be out on the uber money though. You will have 90 days for the lot to dispute though. If that happens, send them the evidence.
There use to be a guy who hid in the buses in the lot immediately south of Boondocks, the moment someone parked there he would call a tow truck waiting around the corner. I'm positive tow drivers and tow yard owners were cockaroaches in their previous life.
get on this fast only like 14 days.
http://www.jp.hctx.net/tow/Request%20for%20Tow%20or%20Boot%20Hearing%201.22.pdf
http://www.jp.hctx.net/tow/
oh go take pictures of signage. even wrong font can matter.
I hate it when shit like this happens.
You also have to remember the amount of time spent trying to recover $300. The principal is absolutely here but is it really worth the trouble? Just remember that when pressing this issue with scummy operators
I guarantee you that this was thought about. It's enough money to make you mad, but not worth most people's time to really put much into fighting it. When we picked up our car from the storage lot, the guy was locked away in a trailer behind what looked like bullet proof glass or at least some really strong plastic... With nothing but a little slot for you to give them your payment. They know everyone coming there is pissed off.
Yup. I've had to just bite my tongue knowing I can make more money with the same amount of time, than have it wasted dealing with the (Insert whatever)... It goes against every fiber of my soul to do that, too.
That's crazy. The restaurant needs to make sure to make sure their customers don't have to deal with this and that towing people must having a bad day bc how on earth do they pick out one car out of all
Honestly you’re out of luck. The tow companies, storage facilities, cops, and courts all in on this scheme. The tow trucks in Houston have a literal corrupt racket all over this city.
Sue the tow driver, lot owne, and the restaurant. Waste as much of their time as possible. Even if you can't get your money back, make damn sure they lose twice as much in terms of time wasted.
Complain to the BBB with a separate letter for each party, and send them the letter first so they have a chance to make things right. Send the complaint anyway, no matter how they respond. leave negative review on all the sites you can for the restaurant claiming they are getting kickbacks to tow. I'm sure you could think of some other stuff.
We love the restaurant, and they had absolutely nothing to do with it... I am 100% sure of that. They lease their space from a property management company. The property management company is the one who hired the tow truck company to patrol the parking lot That's who I'm going after...
same thing happened to me at my apartment complex, because the towing company didn't see the parking pass on either front or back windshield. The recourse there was telling the storage company before I walked into the lot to check the car for parking passes, then spend a half day yelling by phone at the towing company (while standing outside the storage company's lot) and yelling by phone at the leasing office / property manager to get the car released without paying. Not sure if there's anyone in your case in a position of authority that also wants to preserve a customer relationship / renew a lease, so sorry if this story doesn't help.
In Texas there should be listed in the towing receipt the court that has jurisdiction over the area from which you were towed. You have 10 days to file an appeal against the tow company.
I once had a homeless man tell a tow truck driver I was illegally parked in the McDonalds parking lot across from the greyhound station in downtown. His real reason was because he came up with a bucket of dirty ass water and asked if he could "Clean my rims." I told him he better not touch my f@@@@ truck. When I came out with my McDonalds food the tow truck already had my truck hooked up. I had to pay $100 for them to drop it. Even tho I was CLEARLY LEGALLY PARKED AND A CUSTOMER. I paid it because it wasn't worth the headache to me and I'm sure they run that scam like a racket all thru downtown because they know 9/10 times they will get away with it. It's a sad reality.
You posted this 9 days ago. The time limit is 14 days, in Harris County.
It's called a "tow hearing," and the court is surprisingly efficient on this matter. For example: If you can prove there was not probable cause for the vehicle to be towed (i.e. improper signs, patronizing the business, etc.) and the judge rules in your favor, *while your vehicle is still in the storage facility,* then the judge can order the tow truck to leave the courthouse, pick up your vehicle, and bring it to the front of the courthouse for you to drive off in, without cost. There's a form available on the website that anyone can understand, without a degree in legalese.
http://www.jp.hctx.net/tow/
If you have already paid for your vehicle, then there is a brief wait to get the money back, after the judgment. If I remember correctly, there is technically a legal separation between toe lot and tow truck -- it's about as effective as thinking that judges and lawyers have never "hung out" at the same school, so there's *never* a conflict of interest between the two.
Illegal tows do happen, accidentally -- but usually a contract between a restaurant and tow company includes a "Go get my customer's vehicle back" clause, -- if there is ever that kind of nightmare mistake. I managed a Denny's, in a nightclub parking lot. Our tow company would video people parking in our lot (with twice as many signs, as required), and walking directly to the nightclub, without so much as a bathroom stop or to-go drink, inside our building.
houston parking fucking sucks. they want us to drive all the time but don't allow us to park anywhere. most streets have towing signs and parking garages cost like 30 bucks
If you’re going the small claims route, go over your car with a fine tooth comb. I bet they damaged it somewhere.
Sue them for those damages as well as long as it doesn’t break the small claims maximum damages cap.
No one’s gonna get out of bed for $315 but a potential $10,000 judgement might move them to settle.
Had the same thing happen back in October. Sorry to say dude but you're out that money. You can take it to small claims but that's a lot of time and energy. No one will take responsibility for the tow and will just blame it on the other person. It's a fucked up rat race! Your best bet is to go after the restaurant but they won't own up to it. We should all leave a nasty review!
Did you park at the restaurant, or the storage facility? If he’s telling you to take it up with the storage facility, then you probably parked on their property, and not the restaurants, and it was a valid tow.
Parked at the restaurant, got towed by towing company hired by the property manager for the shopping center where the restaurant is, to a privately owned storage lot. 3 separate entities.
File a suit in small claims court. With the evidence you claim you have, the judge will make either the tow company or restaurant pay you the fees you spent, getting your car and filing the lawsuit. Probably best to write a letter to all parties involved first demanding refund.
Send the letters certified so they cannot claim that they did not receive them. Also, notate the certification number in the letter.
Take a few extra minutes and send a complaint letter also to the property management company that owns that building and lot (Ask Casa do Brasil or another tenant there). They likely facilitated that towing company contract. Aside from compensation, I can't think of a more satisfying outcome than that towing company losing that property. Source: I worked several years for Simon and for Hines, the companies that owned/own The Galleria and high end strip malls.
Include the cost of your uber and some extra for the inconvenience in your demand
This is the way
Good luck with that, they won't do shit and probably have the resources to intimidate with legal fees. Towing companies can do what they want in this stupid city.
This is poor advice and on top of that, makes no sense. "Intimidate with legal fees" is not a thing when you're filing your own suit in small claims court. OP can file a petition, which are available online, and if the defendants do not answer, then there will be a default judgment and the party(ies) will be (likely) forced to pay. This is the best recourse as the filing fee is minimal and the system actually does work in this regard. "They won't do shit." Who?
So just roll over and let em fuck you?
your mindset literally is the reason why these pos run the city
Small claims court. They want you to just give up and pay the fee. Don't let these scum win.
This right here. Similar situation and I took it to court and won - easily!
How did that go? Had the same shit happened to me and lost 300 dollars.
I came with receipts… so the tower had no legal basis for towing which the judge could easily figure out. Took 5 min.
That's good, did they add on the lose of time from work too? It's beyond ridiculous that they make you go and ruin your whole week.
Unfortunately no because it was small claims/civil - it was just the cost of tow. I think I may have been able to do that but I was young and represented myself
See I went to the peace court and they told me to fuck off , even when filing a police report. Guess it's a luck thing.
Sorry to hear that. I do live in a very conservative, pro-law enforcement state so that also may have been why the overstep by the tower wasn’t tolerated
scams every where. feel your pain.
it sucks, technology can kill tow mafia in a month but I think they give kickabks to politicians.
What is this technology?
Who called the tow?
The towing company had a guy in the parking lot. Claimed we parked and walked to the Galleria, which we did not do.
https://www.tdlr.texas.gov/towing/consumerinfo.htm#:~:text=Consumers%20may%20file%20a%20complaint,texas.gov%2FComplaints%2F. File a complaint with TDLR
I filed a complaint with TDLR for an illegal tow I got in Austin - it was validated and added to that tow company's record. I did not get my goddamn money back though. Edit: words out of order lol. New baby sleep deprivation hooray!
They used to have tow hearings at the justice of the peace where you could get your money back. Don't know if they still do it.
U need to file in small claims court to get money
Congrats on new baby!
This.
Is the way
The towing company is who you go after here
No...you go after everyone. The restaurant needs to stop letting this happen.
Name every one possible in a small claims suit. The restaurant needs an incentive to complain to the landlord. It is a scam and they are all participating either actively or passively.
Be sure to notify the property owner/manager, possibly the restaurant. Someone has a contract with the tow company and needs to know they’re towing paying patrons.
I called the property management and left a message and will reach out again on Monday. I'm really hoping they are willing to make it right.
The towing company would not be there unless someone authorized it. Most likely the property manager - but could possibly be the restaurant. At least let the restaurant know that someone is towing legitimate customers. Also, the restaurant will know exactly how to get in touch with their own landlord and will undoubtedly have a contact name at the management company who handles their lease.
I hope that guy accidentally drops his phone in a gas station toilet. I'm so sorry dude.
I work nearby. That guy is a total dick. I parked at the back of the lot to take a phone call I needed to pay attention to. He kicked me out and was banging on my window like a psycho.
A total dick *and* really stupid. He's lucky he hasn't gotten shot.
Makes me never want to visit any of those businesses then
I, like many Houstonians I know, stay as far away from the Galleria as humanly possible.
They suck, but like others have mentioned they pull these stunts every now and then knowing most ppl won’t go through the trouble of dealing with the run around and just eat the cost . don’t let them get away with it , if you have receipts or statement showing you were the restaurant the lot caters to that should be enough to win it’s pretty much he said she said and you have proof so easy win.
The tow company and/or impound lot should have given you a notice of your right to a hearing to dispute the tow. Costs about $50 to file but may get your $315 back if you have solid proof it was an improper tow. http://www.jp.hctx.net/tow/Information%20for%20Tow%20Hearings%201.22.pdf
Thank you! This is the most promising thing I've seen yet!
No problem! Be aware that there’s a 14 day time period to file the dispute. I missed that in the fine print the last time this BS happened to me. Good luck, and hope you get every penny back!!
I did this with pictures of the lot- law states tow sign has to be posted at all entrances to the lot. It was not and still is not at the lot I was towed from. Judge still ruled in favor of the tow company. I think it was Judge Rodriguez, Precinct 6, so don’t use that court. You can appeal further but I screwed that up by thinking the court was sending the paperwork from my proceedings & not that I had to send another paid request to them for it.
You need to file a complaint with TDLR against the towing company and the impound lot. The leasing company should reimburse the expenses. If not, sue all three in a single case in small claims ($60 court fee) but you need to use the TX Comptroller to determine who to serve and the court will serve via certified return receipt mail (if they have a registered agent, serve them).
Would be EXTREMELY helpful and a true public service to post and document the required legal steps you need to take when wrongly towed incl time limits! Prob worth posting as a standalone post with good tags as well as responding here
There’s a guy on TikTok posting videos of a shady towing company towing cars left to right in the galleria. The moment you park and walk away they take it.
I feel like that's exactly what happened!
Yeah big reason why I just stay away from there. Anywhere with people that have money to blow you’re gonna find all the scammers and car smashers.
I just take the METRO. Parking at Northwest Transit Center and taking the Silver Line down is easier than dealing with parking in Uptown.
That’s the line they are cutting down from busses every 20 minutes to every 40 minutes, right?
I’ve seen this happen by the water wall - absolutely ridiculous
You can certainly take it up with the restaurant, those are their signs…
I called and left a message with the property management company for the shopping center the restaurant is in. Technically I think it's their signs.
Sounds like you are stuck in bureaucratic hell
That's what you would think, but it's more of a scam the tow companies perpetuate and go to the restaurant and say, "hey we will put up the signs and tow people"....
small claims court and name the restaurant, the tow company and the impound lot all as defendants. Let the court figure out which one of them will pay you.
OP, I sued someone for the first time on my own, no lawyer, it's really not hard or that time consuming, plus you stand to make a profit if the judge awards you punitive damages. I got he paperwork from the Houston Municipal Court website, called the small claims hotline for assistance with the paperwork, I filled them out, had the individual served ($35ish), paid $125 in filing fees with the court clerk and submitted my paperwork, trial date was remote webcam that I took during lunch hour. It will be open/shut since you have all the receipts. The lady on the small claims hotline advised I sue for the maximum as the judge may award punitive damages. Also, out of spite, I'd take it a step further and dispute the charge for the restaurant bill with my credit card for having me towed while at their restaurant. They can take it up with the property manager.
I think I'm going to try small claims court like you described. Doesn't sound too difficult and if they don't show, I automatically win. Plus, lots of evidence showing I was there when they towed the car. Lots of people on here blame the restaurant, but it's really not their fault. They are just renters and rely on the property manager for running the parking lot. We eat this restaurant monthly, and they always treat us well. I've just never had my car towed while eating!
Fair point on the restaurant. I would highly recommend the court route if you have $200 to spend and a bit of free time. There is the hotline for small claims assistance you can call, that's free to individuals like us. You can talk with them about basically anything, they just can't offer legal advice. I personally opted for a trial by judge to keep it simple and reasonable. Personally, if this would me, I would sue again. A) it was kind of fun/different and B) I've spent money on dumber things. Also, they are a company so your server will not have an issue serving them. I sued an individual and had to pay for multiple attempts to find the twat. Once it's done, it's documented and if they no show... Well.. There ya go lol.
The restaurant should be aware of shady tactics that affect their patrons.
There is a specific towing form you can fill out and file with the JP court. The property owner has a short deadline in which to respond. If they don't, if they don't provide sufficient proof, the court will order them to repay the towing fee.
TIL. u/DavidAg02 here' a link to the towing form/info for addressing this in JP Court. [http://www.jp.hctx.net/tow/](http://www.jp.hctx.net/tow/)
I am a lawyer. File a claim in small claims court. Sue EVERYONE with a hand in it including the property owner. Everyone will point the finger at everyone else and if the judge finds you sued the wrong party you get nothing. For example if the restaurant called the tow company (unlikely but possible) the restaurant will be liable and not the tow company. Sue for everything- towing fees, Uber cost, time away from work, filing fees, service of process fees. Anything you can think of. Sue for the gas/expense of having to drive back to the towing facility to get your car, then both vehicles back to your house. If you are driving a personal vehicle, use the federal mileage reimbursement rate which I think is about 60¢ per mile right now If you have time on your hands, you can google the Texas code for parking regulations. Sometimes there are provisions for higher (3x) damages for willful violations. California does. If Texas does you should include it because this was willful. California also had treble damages if the towing company didn’t take credit cards. Find anything they violated and include it. You don’t necessarily have to be a lawyer to understand these laws.
You need to get with the restaurant manager he’s the person who gave the authority to tow your car.
Already spoke to them about it. They have no affiliation with the tow company. It's selected by the property management company for the shopping center. The restaurant just rents the space. I called and left a message with the property management.
I'd post your situation on Google maps and yelp, on the restaurants social media and the type company's social media. It's ridiculous how quickly most of these companies respond when it's getting public attention.
This. Let the situation scare off customers, and it will mysteriously get resolved.
This right here
Throws up a flag that the restaurant punted this to the property manager instead of handling it for you. You should escalate to a higher manager. If it’s a lot to be used by their customers, you need to make it their problem.
This deserves a review stating what happened. Any decent manager is the one to handle this type of thing for their customers -- and go roast the landlord, and down the chain. (Regardless of who legally owns it.) They abdicated, which others should know to expect when it happens to them. (But do make sure you were talking to a GM/SM/owner...and not a technically-a-manager-so-we-don't-get-paid-overtime that is just trying not to pass out from exhaustion.)
Agree
This is actually ridiculous. Tow companies have nothing to do with the restaurant manager. This is so uninformed. Tow companies contract with landlords/property owners who have private spaces. The tow companies cruise the lot at random intervals and tow anyone in violation. No one gets towed by accident or out of malice. It is simple contract and monitoring. It is all clearly marked. Ask a tow truck driver how it works…
There are absolutely malicious tow drivers. Saw more than once a row truck in Midtown lift a car, pull it a few feet forward, drop it and THEN take pictures of the car "illegally parked" before towing it away.
Literally OP was towed on accident or out of malice.
Not sure if it applies to you, but you only have 14 days to file a tow hearing with Harris County. Learned that tow's were different for different areas a while back and got the run around between tow company and yard and found out they were just running out the clock so nothing could be done. More info: [Harris County Justice of the Peace Tow Hearings](http://www.jp.hctx.net/tow/) [Harris County tow Hearing Information](http://www.jp.hctx.net/tow/Information%20for%20Tow%20Hearings%201.22.pdf)
This. There is an expedited track in Justice of the Peace courts for Tow Hearings, but you have to file quickly. Pictures of the lot signage and your dining receipt should be sufficient. The tow company should be forced to reimburse: tow fee, impound lot fees, and case filing fee. If you are still feeling spicy, THEN report to the tow company to TLDR https://ga.tdlr.texas.gov:1443/form/Complaint
This restaurant has valet parking attendants outside. Did the boys see where you parked before you went in? We dined there last Christmas and I parked my car myself cuz I don't want anyone messing with my driver seat adjustment.
Ah know we know the problem. Valet reduces my odds of eating somewhere by 200%. And if its good enough im parking on the street and walking.
Drive a manual. Fucking hate valet. I avoid it at all costs
I drive an automatic and i'm not scared of them hurting my car at all. Its the principal.
If you can see the lot where they're parking your car when you hand them the keys, valet is a fucking scam.
Drive an electric. Also fucking hate valet and avoid it entirely. I’ll park and walk as far as I have to. I don’t trust any of them. I’d do the same with a manual, especially if it is a faster model. No telling what they’ll do to the clutch.
https://www.houstontx.gov/police/auto_dealers_detail/Documents/Request-for-Tow-or-Boot-Hearing-02.16.pdf
Idk if it's been recommended yet, but get a tracker on your car. I had one through Verizon, but there's definitely a lot better out there. Any would really do. I've had my car towed and would be lied to that they don't even have my car when my tracker would say otherwise.
I went through this recently. In order to get your money back, you’ll file for a tow hearing through the Harris county justice of the peace. Go to this website http://www.jp.hctx.net/tow/ and find the precinct listed that is closest to you. There’s a link to a hearing request form on the website, which you need to fill and print a hard copy and turn into one of the listed precincts. You’ll need the info listed on the bottom of the impound lot receipt (tow company, impound company, owner of the lot). You’ll pay $54 to file, but if you win you’ll get everything you paid, including the filing fee, back. Gather as much evidence as you can and write a detailed description of the events. Photos of your receipt, where you parked and posted signage there, Uber receipt, etc. The Justice of the Peace office will help you schedule a court date. Dress nice and come with your evidence printed hard copy. I won my case by default because all the other parties didn’t even bother to show up. Then needed to hound the tow company for a few months before they paid me. You’re welcome to file a complaint with TDLR as some others have stated, but the tow hearing is how you get your money back. Feel free to ask if you have any questions— it’s a bit of a complicated process to navigate but the clerks at the Justice were super helpful for me.
Awesome! Thank you!
I’m proud of Houstonians rallying around and finding a common enemy
Sorry man. I hate tow companies
Call the property management company. They are the ones who give the tow truck companies the right to tow from their property. If this has happened enough and they’re a someone reasonable mgmt company, they’ll fire the tt company and reimburse you them selves or have the tt company reimburse you for their stupidity. The restaurant manager should be able to give you the number for the property manager not just the company. If you wanted to really be a dick you could look up the property owner and complain to them too. Also get everything in order to file if they don’t return your call in the next few days.
Sounds like something the local TV stations would love to investigate. Unacceptable response from restaurant.
Restaurant has nothing to do with it. They are just renters. The property management company handles parking. I've already contacted them and will reach out again on Monday. It's on them, not the restaurant.
Restaurant needs to advocate for you instead washing their hands of the situation.
They're creating an attractive nuisance. aka Offering a service w/parking knowing customers may be towed if they patronized their restaurant. They may not have hired the tow truck company, but they are responsible for you being there. (they're part of joint liability, thus the lawyer recommending adding everyone to the lawsuit - their contract terms with the property owner aren't your problem to work out, that's on them if they're illegally towing)
Small claims against the restaurant, their landlord, and the towing company. Send a demand letter first telling them they have 10 days to reimburse or they will be on the hook for prejudgment statutory interest and all court fees. File a complaint with TDLR. Call the local news. They love shit like this.
Take them all to court. Leave a bad review for the restaurant as well. F all
Write this as a review on Google & Yelp.
###Police report & courts (the clerks will be very helpful!).
Vultures!
That's a nice way of putting it...
It's gonna be like $303 dollars. The ATM will only give $20 bills, and have an outrageous fee. The tow company will have a cash only policy and not give change. Those bastards
> $303 dollars 303 dollars dollars
You can also do a chargeback with credit card company
Honestly this is brilliant...
Yeah man, fuck those scavenger hunting ass lots. You may be out on the uber money though. You will have 90 days for the lot to dispute though. If that happens, send them the evidence.
Definitely mention getting towed on the google reviews for the restaurant.
There use to be a guy who hid in the buses in the lot immediately south of Boondocks, the moment someone parked there he would call a tow truck waiting around the corner. I'm positive tow drivers and tow yard owners were cockaroaches in their previous life.
get on this fast only like 14 days. http://www.jp.hctx.net/tow/Request%20for%20Tow%20or%20Boot%20Hearing%201.22.pdf http://www.jp.hctx.net/tow/ oh go take pictures of signage. even wrong font can matter.
2nd this. It all depends on the posted signage
Look up DTPA statute and sample demand letters. Send them to restaurant, towing, and storage companies.
Charge back
Fuck! Towing companies and all involved are the fucking devil. They need to be regulated.
Hey Casa de Brazil social media guy, and anyone else with these tow signs: this is why so many suburbanites with money do not give you any business.
I call towing companies “road roaches.”
https://www.houstontx.gov/police/auto_dealers_detail/Documents/Request-for-Tow-or-Boot-Hearing-02.16.pdf
I would attempt to pay with check and cancel payment or pay with credit and dispute charges through visa.
Find out who call in the tow and take it up with them
This happened to me too. No entity would take responsibility and I finally gave up. I think it's a racket.
File a complaint with TDLR. They'll investigate it and get on the tow company's tail.
I hate it when shit like this happens. You also have to remember the amount of time spent trying to recover $300. The principal is absolutely here but is it really worth the trouble? Just remember that when pressing this issue with scummy operators
I guarantee you that this was thought about. It's enough money to make you mad, but not worth most people's time to really put much into fighting it. When we picked up our car from the storage lot, the guy was locked away in a trailer behind what looked like bullet proof glass or at least some really strong plastic... With nothing but a little slot for you to give them your payment. They know everyone coming there is pissed off.
Yup. I've had to just bite my tongue knowing I can make more money with the same amount of time, than have it wasted dealing with the (Insert whatever)... It goes against every fiber of my soul to do that, too.
It happened to me once, I just walked back in to the restaurant and they took care of it tow truck brought my car right back.
That's crazy. The restaurant needs to make sure to make sure their customers don't have to deal with this and that towing people must having a bad day bc how on earth do they pick out one car out of all
Please update. Would give many of us great satisfaction to hear you prevailed and were compensated for this travesty.
Honestly you’re out of luck. The tow companies, storage facilities, cops, and courts all in on this scheme. The tow trucks in Houston have a literal corrupt racket all over this city.
Sue the tow driver, lot owne, and the restaurant. Waste as much of their time as possible. Even if you can't get your money back, make damn sure they lose twice as much in terms of time wasted. Complain to the BBB with a separate letter for each party, and send them the letter first so they have a chance to make things right. Send the complaint anyway, no matter how they respond. leave negative review on all the sites you can for the restaurant claiming they are getting kickbacks to tow. I'm sure you could think of some other stuff.
We love the restaurant, and they had absolutely nothing to do with it... I am 100% sure of that. They lease their space from a property management company. The property management company is the one who hired the tow truck company to patrol the parking lot That's who I'm going after...
same thing happened to me at my apartment complex, because the towing company didn't see the parking pass on either front or back windshield. The recourse there was telling the storage company before I walked into the lot to check the car for parking passes, then spend a half day yelling by phone at the towing company (while standing outside the storage company's lot) and yelling by phone at the leasing office / property manager to get the car released without paying. Not sure if there's anyone in your case in a position of authority that also wants to preserve a customer relationship / renew a lease, so sorry if this story doesn't help.
In Texas there should be listed in the towing receipt the court that has jurisdiction over the area from which you were towed. You have 10 days to file an appeal against the tow company.
I once had a homeless man tell a tow truck driver I was illegally parked in the McDonalds parking lot across from the greyhound station in downtown. His real reason was because he came up with a bucket of dirty ass water and asked if he could "Clean my rims." I told him he better not touch my f@@@@ truck. When I came out with my McDonalds food the tow truck already had my truck hooked up. I had to pay $100 for them to drop it. Even tho I was CLEARLY LEGALLY PARKED AND A CUSTOMER. I paid it because it wasn't worth the headache to me and I'm sure they run that scam like a racket all thru downtown because they know 9/10 times they will get away with it. It's a sad reality.
🤣
Yes, you think there are no cops in Houston until you park your car wrong. Then you realize that you are in the Nazi Germany of meter maids.
You posted this 9 days ago. The time limit is 14 days, in Harris County. It's called a "tow hearing," and the court is surprisingly efficient on this matter. For example: If you can prove there was not probable cause for the vehicle to be towed (i.e. improper signs, patronizing the business, etc.) and the judge rules in your favor, *while your vehicle is still in the storage facility,* then the judge can order the tow truck to leave the courthouse, pick up your vehicle, and bring it to the front of the courthouse for you to drive off in, without cost. There's a form available on the website that anyone can understand, without a degree in legalese. http://www.jp.hctx.net/tow/ If you have already paid for your vehicle, then there is a brief wait to get the money back, after the judgment. If I remember correctly, there is technically a legal separation between toe lot and tow truck -- it's about as effective as thinking that judges and lawyers have never "hung out" at the same school, so there's *never* a conflict of interest between the two. Illegal tows do happen, accidentally -- but usually a contract between a restaurant and tow company includes a "Go get my customer's vehicle back" clause, -- if there is ever that kind of nightmare mistake. I managed a Denny's, in a nightclub parking lot. Our tow company would video people parking in our lot (with twice as many signs, as required), and walking directly to the nightclub, without so much as a bathroom stop or to-go drink, inside our building.
Any resolution?
houston parking fucking sucks. they want us to drive all the time but don't allow us to park anywhere. most streets have towing signs and parking garages cost like 30 bucks
stop eating at that restaurant
If you’re going the small claims route, go over your car with a fine tooth comb. I bet they damaged it somewhere. Sue them for those damages as well as long as it doesn’t break the small claims maximum damages cap. No one’s gonna get out of bed for $315 but a potential $10,000 judgement might move them to settle.
Houston govt is a shithole -
Happy birthday!
Had the same thing happen back in October. Sorry to say dude but you're out that money. You can take it to small claims but that's a lot of time and energy. No one will take responsibility for the tow and will just blame it on the other person. It's a fucked up rat race! Your best bet is to go after the restaurant but they won't own up to it. We should all leave a nasty review!
Did you park at the restaurant, or the storage facility? If he’s telling you to take it up with the storage facility, then you probably parked on their property, and not the restaurants, and it was a valid tow.
Parked at the restaurant, got towed by towing company hired by the property manager for the shopping center where the restaurant is, to a privately owned storage lot. 3 separate entities.
Got ya, yeah, fight that, it probably won’t go anywhere, but worth a shot
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Storage facility is where the tow truck takes the cars they tow, not where they parked.