Sign that says "customer parking during business hours only" Can they still tow after hours?

Question

We were parked in the parking lot of a bank w/ a sign that said exactly that. It was 7pm so obviously it wasn't during business hours. Are they allowed to just tow your car like that? We paid to get it out, but what's more is... this is just a hunch by the way, BUT maybe this towing company seemed to only be towing nice SUVS with a military sticker on it. Now even though that is just my opinion, they could or could NOT actually be doing that, but this is the reason why I believed they are. Our friend's car was also parked there, right next to us but he didn't get towed (he didn't not get a military sticker for his car yet and we were both gone for 2+ hours, plenty of time to tow both cars), when my husband got there an employee made a remark that "the military pays a lot don't it?" So my husband took a quick look around the lot and saw many more suvs w/ a military stick on it.

Now these are just assumptions, but either way is there anything my husband and I can do? Besides file a complaint to the Texas Dept of Lic. and Regulation. I feel like they won't handle our complaint properly. Should I still make the complaint anyway or is there any other routes that can be taken? My main concern is can they tow even though the said said during business hours and we were parked after hours. Who's in the wrong here? Should I just let it go? I mean if I do they will just keep towing military cars parked there because no one will say anything. Thanks.

Answer 1

I live and own a business in Texas and you cannot park there, read the Texas Transportation Code it states that if a person (the bank) owns the property its called private property and we have to do the same as well when people park in our lot after hours.

Answer 2

Sign said CUSTOMERS PARKING DURING BUSINESS HOURS ONLY. That means the only way you can park there is if you are a customer while they are open. The towing company is only doing what the bank tells them to do, blame the BANK not the towing company. As to the two hours being plenty of time when were you towed? Do you know? Perhaps the tow truck was driving by and towed you about 10 minutes before you got back and they simply hadn't got the other car yet, don't get in to conspiracy theories.

Answer 3

Let it go.



Whether there's a military bias or not is irrelevant - there is a sign that clearly told you that you couldn't park there and you did anyway. It's private property, you had no right to park there, so you really have no basis for a complaint.



Look at it this way - if it was your business/lot would you want people parking there all the time? Of course not. Cars can leak fluids, etc. You'll tolerate that kind of stuff from your customers, but not otherwise.



The might tow the military tags more because they know someone has a job!

Answer 4

Customer Parking Only

Answer 5

It IS a private business lot, unless owned by the Govt. Just because the public is allowed to use their business doesn't mean it isn't private. A Grocery store wouldn't survive without the public going there, BUT it is a private business. So anyway yeah you used their lot WITHOUT their permission and they decided to teach you a lesson for it, or that just happened to be where they park and they weren't changing it for you. You DIDN'T have to leave your car there over night, or you wouldn't have been blocked in. The only place you could legitimately say you had to leave the car overnight is an auto shop place, either repair, paint, or installation work. They would allow you overnight parking though, as long as you were getting work done there and they had the keys to get to your car. I mean that I can see you had to leave it overnight, because sometimes you drop it off for the morning.

Answer 6

Leaving aside whether you should have been parked where you were the towing company is a business and like any business is out to maximise it's profits.

From it's 'customer' profile it's worked out the vehicles owned by military personnel gives the highest return so obviously if it has to choose between a shiny SUV or an old pick-up held together by rust it will go for the best return every time.

Whether this is legal is down to the laws of the state, I would call it kidnap and extortion

Answer 7

Send letter to the towing company. Include a picture of the sign and note that your vehicle was there after hours. Ask for an explanation as to the reason of the towing including applicable state law authorizing them to tow your vehicle. Be polite and do not demand any money or make any accusations. Send the letter registered.



How they respond is your next step; the URL below cites the relevant state law. Whatever explanation they give has to meet the cited criteria. Remember, they are entering private property and removing your private property - the law is quite clear under what conditions this is allowed. If they fail to properly cite state law at all, report them to the city attorney as being in violation of Occupation Code Chapter 2308 and thus fraudulently collecting fees. Be sure to show the attorney their response.



If they fail to respond sue them in small claims court and give the city attorney notice that he is amicus curiae (i.e. latin for "friend of the court" which means he is an interested party). Be sure you sue them for the amount they charged you PLUS court filing fees PLUS any attorney fees PLUS any time off work you spend to deal with this (i.e. lost income).



The bit about vehicles showing military ID is iffy; you could have your friend there to say he was parked right next to you but did not get towed but really what you're challenging is the company's compliance with the law.