Is this wrongful towing?

[N.Moretti]

Austin Texas. So i was walking back to my car and i saw my car being towed and he was just backing up and just hooked up my car and i asked him if there was anyway for me to get my car unhooked he said yes if u give me 50 dollars i will unhook ur car and i was like okay can u wait really fast i have to run next door to get 50 dollars out and he said sure i was in there for 5 minutes and when i walked out with the money he left and i have 3 other friends hear him said he would wait for me.What is the name of your state (only U.S. law)?

 

[davidmcbeth3]

You provided ZERO information that would lead one to say it was a wrongful tow.

 

[sandyclaus]

Austin Texas. So i was walking back to my car and i saw my car being towed and he was just backing up and just hooked up my car and i asked him if there was anyway for me to get my car unhooked he said yes if u give me 50 dollars i will unhook ur car and i was like okay can u wait really fast i have to run next door to get 50 dollars out and he said sure i was in there for 5 minutes and when i walked out with the money he left and i have 3 other friends hear him said he would wait for me.What is the name of your state (only U.S. law)?

He didn't tow you, so no.

But it does sound suspiciously like a gypsy tow truck, or at the very least, an unethical tow driver who apparently can be bribed. As tow truck drivers require licensing by the state, I would certainly consider filing a complaint against them for their unethical behavior: https://www.license.state.tx.us/Complaints/

 

[Zigner]

He didn't tow you, so no.

But it does sound suspiciously like a gypsy tow truck, or at the very least, an unethical tow driver who apparently can be bribed. As tow truck drivers require licensing by the state, I would certainly consider filing a complaint against them for their unethical behavior: https://www.license.state.tx.us/Complaints/

It sounds like just the opposite - the OP *DID* get towed...and tow truck driver did NOT take money from the OP.

 

[N.Moretti]

yeah he towed me in texas there suppose to give u 20 minutes to pay the charge of not getting it towed or something like that.

 

[Zigner]

yeah he towed me in texas there suppose to give u 20 minutes to pay the charge of not getting it towed or something like that.

Please point out where you found this information. Because, everything I've found states no such requirement.

 

[N.Moretti]

Don't let them start moving. Stand in front of their tow truck or sit on your car if you have to. If the car has not started moving it is illegal according to CVC 22658 (h) (see below) to charge you anything more than half the normal towing charge. Most towing charges are less than $200 (note they can not charge storage fees), so be suspicious of anything more than $100. Ask for proof of their normal rates. Call a cop if anything sounds fishy. Don't let them leave with your car until everything is settled.

(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

 

[proud_parent]

Don't let them start moving. Stand in front of their tow truck or sit on your car if you have to. If the car has not started moving it is illegal according to CVC 22658 (h) (see below) to charge you anything more than half the normal towing charge. Most towing charges are less than $200 (note they can not charge storage fees), so be suspicious of anything more than $100. Ask for proof of their normal rates. Call a cop if anything sounds fishy. Don't let them leave with your car until everything is settled.

(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

You indicated that this happened in Texas. How is the California Vehicle Code applicable to your situation?

 

[davew128]

you indicated that this happened in texas. How is the california vehicle code applicable to your situation?

Priceless!!!

 

[justalayman]

the following is applicable to most situations. If your car was being repossessed, none of it applies.



to answer your question, you need to answer a few more questions.

was this on private property or a public road?

when you first spoke to the tow operator, was the vehicle "hooked up" to the tow truck with hooked up being defined as such:

Hooked up means the vehicle is fully prepared for transport by attachment to a tow truck, lifted in tow position, with tow lights and safety chains attached and, if required, placed on a dolly in a raised position and the only thing remaining is for the tow operator to drive away.

per Texas law, if the car was not "hooked up" they had no legal right to tow the vehicle at all. If the vehicle was hooked up, they must allow you to pay a drop charge. For vehicles weighing less than 10k pounds (just about any car weighs less than 10k pounds), there is a maximum of $125 (which the operator had not exceeded so the amount was legit). If this was on private property, the pay to drop fee must be accepted as long as you stop them prior to them leaving the private property. If on a public road, you can pay to drop until they actually move the vehicle.

If he had clearly agreed to allow you to obtain the money from where ever you were going to get it, he had no right to tow your vehicle. I would demand a refund of (depending on whether it was hooked up or not) either anything over the drop charge or all of it. If they refuse, you might consider filing a small claims action as well as filing a complaint as sandyclaus suggested.

 

[N.Moretti]

was this on private property or a public road? This was on private property at a burger king

when you first spoke to the tow operator, was the vehicle "hooked up" to the tow truck with hooked up being defined as such:
He was just hooking up the bottom of the car he did not lift it and as i was walking away to get the money he kept hooking up my car and put the lights on it and when i got back he was gone

 

[justalayman]

from what I read about the situation in Texas, at that point he had no right to tow the vehicle. I provided what must have been completed before it was considered to be at the point where he could tow the vehicle or even demand a drop fee. I would file a complaint at the commission sandyclaus provided. You might also consider filing a small claims action to recover the costs.

 

[TxTowCompliance]

Illegal Towing in Texas

In Austin, there is city ordinance ( 20060608-019 ) that requires the tow truck operator to allow 30 minutes to pay, if the vehicle is fully prepared to transport. If the tow truck operator fails to provide this 30 minutes, the vehicle owner or operator is urged to call 311 to file an offense report for a wrecker ordinance violation.

Texas State Law, 16 Texas Administrative Code, Chapter 86.455 states the vehicle must be hooked up (fully prepared to transport) before a drop fee is allowed to be charged.

Based your question comments, you were taken advantage of and should pursue criminal charges against the tow truck operator.

 

[racer72]

In Austin, there is city ordinance ( 20060608-019 ) that requires the tow truck operator to allow 30 minutes to pay, if the vehicle is fully prepared to transport. If the tow truck operator fails to provide this 30 minutes, the vehicle owner or operator is urged to call 311 to file an offense report for a wrecker ordinance violation.

Texas State Law, 16 Texas Administrative Code, Chapter 86.455 states the vehicle must be hooked up (fully prepared to transport) before a drop fee is allowed to be charged.

Based your question comments, you were taken advantage of and should pursue criminal charges against the tow truck operator.

This thread is over a year old. The OP is long gone. Necroposting is considered rude, don't do it again.