What is the name of your state (only U.S. law)? Texas
I had a tow hearing, which was ruled in my favor. The ruling was, "probable cause did not exist for the tow company to legally remove the vehicle." The tow company had an attorney, naturally. He filed first a motion for retrial, claiming "plaintiff admitted he did not have authorization to park in said facility."
To the contrary, I stated I had asked one of the police officers who works in the substation in the strip mall and was told "trucks park here all the time, you'll be fine overnight." Further, I provided a statement from the Dollar General regional manager stating Dollar General policy towards trucks is they are ALWAYS allowed unless local ordinance prohibited it, in which case clear signs will be posted to inform the truck driver. There were zero signs, not even the ones required by TX statute, which was also a basis for my defense. Never once did I state "I did not have authority to park there."
The motion for retrial was denied, so now he files an appeal with the same wording. Is there something to be done about his intentional misrepresentation of fact? Just to be clear, I am out for blood. Anything and everything I can do to repay this tow company for putting my trucking company out of business will be done.
I had a tow hearing, which was ruled in my favor. The ruling was, "probable cause did not exist for the tow company to legally remove the vehicle." The tow company had an attorney, naturally. He filed first a motion for retrial, claiming "plaintiff admitted he did not have authorization to park in said facility."
To the contrary, I stated I had asked one of the police officers who works in the substation in the strip mall and was told "trucks park here all the time, you'll be fine overnight." Further, I provided a statement from the Dollar General regional manager stating Dollar General policy towards trucks is they are ALWAYS allowed unless local ordinance prohibited it, in which case clear signs will be posted to inform the truck driver. There were zero signs, not even the ones required by TX statute, which was also a basis for my defense. Never once did I state "I did not have authority to park there."
The motion for retrial was denied, so now he files an appeal with the same wording. Is there something to be done about his intentional misrepresentation of fact? Just to be clear, I am out for blood. Anything and everything I can do to repay this tow company for putting my trucking company out of business will be done.
