El Paso Consumers Get Burned by Unlicensed VSF Employees

From a recent towing victim email;

Dear Pat,

It was a pleasure speaking to you this past Saturday. Thank you for taking my call.

As I mentioned, I paid at a parking lot, but I was towed anyway. It was late at night.

The company is Extreme Towing. They charged me $145.00 to get my vehicle back. The date was 1/28/12 at 1:45 am. The invoice says that their carrier certificate is 0645221VSF and 0577283VSF. The towing license it states is 005452138C.

I have attached the audio file. It starts off poor but improves. Around minute 10:00 he states that he does not have the employee license card. He wrote down a number and claims to be someone named Omar but he is later called Jason by another employee (the one that threatened me when I called the police). Minute 11:00 another tow victim explains that he had damage done to his bumper. At around 13:30, the person called Jason who doesn't have his license tells me that his supervisor told him that I either get my cash back and leave without my truck or that I must take my truck immediately. At 17:30, when I call the police, the officer on the other line tells me that if I'm dealing with Extreme Towing that it is not unlikely that I would be having problems.

I am also attaching a picture of their sign. They do not answer their phone 24 hrs. They have two different signs with two different numbers. A security company answers the number on the big sign. Extreme answers the number on their sign. The top of the sign reaches about 4'10". The bottom of the sign is at about 4 feet.

I filed an incident report with the police and I have two witnesses that the tow company employee was getting aggressive.

I have a question. Do I go to the JP in the jurisdiction where I was towed for a hearing?

Thank you for your help so far. I appreciate any further information you may provide.

Respectfully,

Rene Nevarez

1730 Bassett Ste F
El Paso, TX 79901


Consumers are URGED to record all audio and video between yourself, the vehicle storage facility employee and the tow truck operator, so TDLR will not take the word of their licensees, who tend not to tell the truth.

Listen to recorded conversation between victim and employee at Extreme Towing.

It's extremely important to file complaints (enforcement@license.state.tx.us) with TDLR if you feel you were taken advantage of by anyone in the towing and vehicle storage facility industry!

TDLR Plays Favorites and Burns Others

It's been awhile since I wrote anything about towing, doesn't mean I have lost that burning desire to understand why TDLR issues fines and reduced fine to some and not all licensees. I didn't attended the October Commissioners Meeting as I was not feeling well that morning, seems my health has dropped off considerably.

Below is an email between a towing victim, Adam Flowers TDLR Attorney and Southwest Auto Tow:

VSF2011002300C
Hide Details

FROM:
Sue Troutte
TO:
Adam Fellows
CC:
pat.johnson@texastowingcompliance.com

Message flagged
Friday, October 7, 2011 10:15 AM

Mr. Fellows,

I received by way of document production a letter that you sent to Mr. Mark Hull on September 30, 2011. I have serious problems with your letter and the fact that you have apparently chosen to find a way to dismiss this complaint against Ms. Messina that is unsubstantiated by facts.

First, the letter states that I was to be sent a “cc”, yet more than one week later I have yet to have been provided a copy of this document from you or your office.

Second, the complaint clearly lists both Southwest Auto Tow as well as Southwest Auto Storage as the Respondents. Yet in your last correspondence to me dated August 16, 2011 you stated “ The above referenced case is related to storage issues. Towing companies and Vehicle Storage companies are separately licensed. [sic] Therefore the complaints against them need to be separately investigated and handled.” You have chosen to opt out of your legal responsibility to the citizens of our state and as it appears from your record, is standard operating procedure.

The second notice letter was sent in response to a telephone discussion I had with Patrick at SW Auto, and the timing of the notices was clearly accelerated as he had threatened during that conversation. This does not follow the Code.

Finally, the vehicle was sent to the Dallas County Constable by the Respondents while the illegal tow action was pending even after Patrick advised Judge Payton that “nothing would happen with the vehicle.” Your statement that law enforcement took custody of the vehicle as an excuse for the Respondents is absurd. As a licensed attorney are well aware of the procedure for bailment cases. The constable did not come on to the Respondent’s private property take the vehicle from their possession and sell it. The paperwork which I have been provided by the Respondents show that they ordered the sale.

I am not surprised by your response in light of Ms. Messina’s relationship with your department, but it does not excuse your actions.

Susan Troutte

************************

This incident with Susan Troutte should serve as a reminder to consumers, towing companies, vehicle storage facilities with their employees, that TDLR does not always treat everyone the same when a violation has been committed. I had intended to attend the October meeting at the request of Mark Dennison, Jess Horton's partner with Park Right Solutions to clarify some comments I made at the September meeting reference many vehicles being towed from an Addison Texas shopping center under contract with Eric's Towing, who didn't give them permission to tow anything. The comment I made, somewhere around 35 vehicles were towed, when I should have just said "ALOT" of vehicles towed that came to the attention of Addison Police Department. But regardless, with Joann Messina, an employee of Mark Dennison getting privileged treatment by TDLR prosecutors for her service on an Advisory Board that benefits their company.

As I did say in the September meeting at TDLR, strong consideration by Commissioners should be undertaken in requiring executive director Bill Kuntz to take a polygraph prior to increasing his salary regarding the perjury he committed during a senate committee hearing, that gives TDLR rule-making authority to grant more Occupations Licenses to Registered Sex Offenders and Convicted Felons.

I firmly believe licensees should held responsible to violating the regulations, if VSF employees fails to provide the required information, then he/she was be fined, not the company, because since the inception of tow truck operator and VSF employee licenses, not one has been sanctioned or fined for violating the regulations.

This Could Happen in Your City

Assured Towing given reduced fine of $5500 for overcharging vehicle owners in parking lots in San Antonio metro area. The system is totally broke when TDLR Commissioners approve to reduce the fine of $11,000 to $5500, while vehicle owners, the victims got zero, even after filing the complaint. The San Antonio Police Chief's desire to allow criminal actions by wrecker drivers against the citizens of San Antonio, the many thousand of tourists to continue unabated is insulting. To allow convicted felons to steal people's vehicles from in front of their apartment, claiming no parking permit, that the property manager affixed to the windshield, after peeling off.

Assured is not the only towing evil in San Antonio, Danny's Road Service who joined forces with John Deloach, said the be retired owner, which incidentally, I trained to boot vehicles at the Denny's across from the Riverwalk, you eventually bought the towing company, Johnny Bates Wrecker Service, which I managed.

But the main issue with what is occupying in San Antonio is the complete lawlessness. Why are the San Antonio police officers being told not arrest wrecker drivers for taking vehicles without probable cause or threatening someone over a fee they are not entitled too?

Assured moved into the San Antonio after their operations was and still is under close watch, with ongoing criminal investigations by law enforcement.

For law enforcement in Bexar County as whole, to allow a wrecker driver or towing company owner/employee to knowingly violate State Law that subject to arrest is total obscured.

In my opinion, the quickest way to put a dent in the financial nightmares caused by dishonest private property impound towing companies, is for the San Antonio City Council adopt the TDLR tow fee study recommendation of $125 towing fee, no on site fee, like the $180 Assured drivers were caught and still are charging drivers.

They do it because SAPD won't do anything, Chief McManus reassigned the detectives at the 9th Street Wrecker Unit office, just as Assured was moving into San Antonio with their buddy personal injury lawyer friends whom are principles in Assured.

What a great opportunity, these guys were thinking, being connected within the bexar county legal system, it's working so, only because campaign donations rank higher than Justice..

Pat Johnson
Creator
Texas Towing Compliance

File NO Complaints With TDLR

Let's be frank, TDLR claims to be a complaint driven agency. Okay, but they choose whom they will investigate or harass, as shown over the past year, while some of their licensees are allowed to repeatedly violate the many laws.

Therefore, I encourage everyone to think twice about filing any type of complaint with TDLR, as their motivation is to censor those who expose their continued drive to issue Occupation Licenses to parolees and Registered Sex Offenders, that sexually abuse their own children.

Consumers can expect zero relief from TDLR when screwed by one the licensees!

Just remember when you contact TDLR's 800 number, be ready for a line of bullshit to get you to file a complaint.

Changing Course

Beginning today, Texas Towing Compliance will focus on assisting select towing companies and parking facility owners stay afoul of violating the many numerous regulations.

Motorists are basically screwed, the chances of getting your money back without the assistance of an attorney are slim.

San Antonio will soon see some relief from the lawlessness of towing companies, negotiations  for the acquisition of a problem towing company, should reduce the rudeness of wrecker drivers. In addition, SAPD has hired a former TDLR employee to serve the role as their 2nd Wrecker Inspector.

Motorists will continue to be taken advantage of, it's unfortunate, but it has and will continue to give the towing industry a bad reputation.

TDLR (Texas Department of Licensing & Regulations) continues to issue Occupation Licenses to convicted child molesters, serial rapists and hardcore felons, nobody I know would employ a registered sex offender and the City of Austin Wrecker Ordinance prohibits sex offenders from being issued a City License.

I expect to keep a Facebook Texas Towing Compliance page for Austin, as I know the Austin Police Department Wrecker Enforcement Unit will never cease investigations of wrecker drivers whom have a history of breaking the law or charging unauthorized fees.

It's important to remember, that filing a complaint with TDLR, will not result in motorists getting their money back, rather line the pockets of attorneys and for sustainable employment of TDLR employees.

It's been five years since TTC was created, I've spoken to many thousands of people who were harmed financially by illegal towing, now is the time for me move on..

TDLR Once Again Allows Licensee To Violate Law

These days, it's becoming commonplace that licensees of the Texas Department of Licensing & Regulation can  violate their rules, regulations and state law, with little or no resistance. The most interesting complaint filed against Quantum Unlimited, a towing company.

I filed a complaint against this company, for no valid license, no cab card, no insurance, all violations of State Law and the very rules and regulations, the Texas Department of Licensing & Regulation is supposed to regulate.

But that didn't happen in this complaint, TDLR Prosecutor Adam Fellows decided no violation had occurred, but the Round Rock Police Department observed this tow truck in their city doing a repo, with all of the above mentioned violations. Not only was the tow truck stopped, but impounded, along with the vehicle in tow and tow truck driver sent walking with a handful of tickets.

TDLR cannot continue to harass licensees who obey the daily changing rules and do nothing to licensees whom harm motorists, and businesses.

Motorists/Business/Law Enforcement Under Assault by Texas Legislature

It's imperative everyone contact your representative in the Texas Legislature and demand them to vote against HB3510 and SB1371, as these proposed bill allows corruption, the current law prohibits.

Once again, although, it's on the minds of many, which legislators are leaning toward being corrupt, being financially influenced by any lobbyist group. (Texas Towing & Storage Association)

House Rep Mike Hamilton (R) Buna told me recently, that being in business as he is, "it's ok" to accept financial benefits (kickbacks/bribes) from towing companies.

Senator John Carona (R) Dallas, has everything to gain from his bill of passing since he himself allows towing on property in owns.

These bills create an unfair disadvantage to other companies, who don't have the ability to enrich and/or send property managers to Las Vegas, so they can enforce their parking rules.

Both the these bill will disrupt what has been in place since 1993 and the only ones who benefit will be organized crime, select towing companies and parking facility owners who are accustomed to shady business practices.

I can't help but wonder why either of these two legislators, would reduce the current criminal penalty and fine for towing companies or parking facilities who repeated harm Texas consumers and businesses.

House Rep Mike Hamilton prides himself on the Texas Department of Licensing & Regulation's ability to issue Occupation Licenses to Convicted Child Molesters, giving them the opportunity to come into our homes or pickup your teenage daughter when their vehicle becomes disabled and requires towing.

So, we must ask ourselves, is Texas ready for a dose of corruption courtesy of the Texas Legislature that would allow the towing companies whom a history of harming consumers, the opportunity to rape consumers.

Law enforcement are against this bill, as it reduces the criminal penalty to a simple traffic ticket, something many law enforcement agencies will not even bother with, leaving potential victims of criminal illegal towing with nowhere to turn, since alot of  JP Courts are incapable of making a ruling without "social circles" playing a role.

Please write your representatives and ask them to vote no!

Another Unlicensed Tow Truck Operating in Austin

February 1, 2011

Yesterday, was not surprising to observe another unlicensed tow truck towing a vehicle in Austin, that I reported back in July 2010 to TDLR. At the time of the original TDLR complaint, the complaint was rejected because the photographs of the truck was not proof enough, therefore complaint was rejected.

July 5, 2010

The owner was this tow truck was informed by another towing company how to become licensed, but ignored all help and continues to tow vehicles unlicensed, both the tow truck and the tow truck operator.

Used car dealers would prefer to use their own tow truck to tow their vehicles, and I have no problems with that, as long as they are licensed, something this company isn't.

Guess their is reason this tow truck is affiliated with "Last Chance Auto Sales" and Austin Express Body Shop, (no relations to Austin Express Wrecker Service).

The only difference between the two incidents, is in the video, a temp tag that dealers can print from their office for customers, replaced the rear license plate.

Complete Lawlessness

Certain towing companies in the Austin, DFW, San Antonio, and Houston are causing great financial harm to citizens. Outright stealing and our Courts are to heavily influence by campaign donations or law enforcement agencies saw their wrecker enforcement unit dissolved.

Take in San Antonio, as of today, it's complete lawlessness for wrecker drivers, drivers have little chance of getting help from the San Antonio Police Department or TDLR, even when their right, about not having to pay the $120 drop fee. But this does little to console the single mom left stranded in a parking lot.  The citizens of San Antonio are being screwed to the max, only because members of San Antonio City Council have made no attempt to regulate non-consent tow fees. Why should they have to pay $250, when the same fee is $150 in Austin?

Why the FBI is not looking into the corruption surrounding the ex San Antonio Mayor, City Council and City Manager's Office involvement in awarding a contract to Assured Towing Inc is mind boggling.

Refusing to regulate the towing fees and dissolving the wrecker enforcement unit to investigate valid criminal complaints of wrecker drivers and parking facilities violate the Civil Rights of everyone forced to pay a ransom to recover their possession.

By not regulating non-consent towing (private property impounds and wrecks), the public will always be taken advantage of, no doubt about it.

TDLR (Texas department of licensing and regulation) must to a better job of tracking their licensees, specifically wrecker drivers and vehicle storage facility employees, this agency's failures in regulating the towing industry, will result in permanent harm to our economy.

Complaints about damage to vehicles after being towed and personal property stolen are increasing. Consumers are disgusted with the run around by towing companies and TDLR about damage to their vehicles and rightfully they should be.  The very compliance issues with the VSF (vehicle storage facility) are still lacking, as wrecker drivers continue to turn in an inventory of the vehicle, noting damage caused by the wrecker driver, as "prior damage".

I have discovered another unlicensed tow truck operating with a bogus license number, TDLR, APD and TSCAT all know about it, I''m sure this individual will be found.

The last unlicensed tow truck I reported was captured Jan 26th by Round Rock PD, impounded and driver sent walking, as I am sure if the above tow truck is seen, it to could face the same fate.

I know those law enforcement agencies who continue to fight towing related crime will not be discouraged in their endeavor to seek justice for victims of criminal illegal towing and commend all of you for dedication, but will continue to protect the motoring public from unscrupulous towing companies, who continue to prey on our citizens.

Consumers feel betrayed as state agency allows their licensees to rape them financially.

Email from consumer/victim:

I am needing help please
...
From:
Billy Webb
...
Add to Contacts
To: pat@texastowingcompliance.com

Hello,

I have been bullied by this towing company called Ideal Towing. They tried to tow my vehicle on July 12, 2010. The driver improperly towed it out of the Handicap Parking. The maintenance man from the apartment saw the company towing my vehicle and informed me. I had to run to stop them from towing and I was injured we running them down. I am handicap and I had my handicap placard on my dash displayed. The Driver dropped my car when I confronted him and he apologized about 5 times while driving off. He damaged my car while trying to take my car.

I called the company and my apartment complex to complain about the event. I was told by the Ideal Towing manager that they are not responsible for the damage they have done. I fought to obtain their insurance company and their insurance company refuse to send an adjuster to check the damage. I had to have my insurance to come and give a quote.
I ended up paying out of pocket for the damage. Ideal Towing insurance claims that the towing company does not carry Form H&I just liability insurance. TDLR claims that Ideal towing does not have a valid certificate to tow since December 2009. The last update was 10-7-2010 on the TDLR website sates that also.

I had a attorney and he drop the case and charged me $50 for him to send a letter that I never seen. I have not paid him because he has not sent a bill.

I have a Mediation with the BBB but I do not know what the outcome will be. The Mediation will take place December 16th. I have to miss work for that.

Ideal Towing threaten to sue me for disinformation of character and for trying to extort monies from Ideal Towing after i filed a claim on their insurance.

On October 18th I file a claim with the TDLR and on October 20th Ideal Towing came back to tow my car once again.I watched the truck driver watch and wait for me to park. After I parked I watched the driver drive past my car then turn around and waited for me to disappear then he went after my car. I set off my alarm and meet him outside of his truck. He said I was parked illegally in the Handicap parking. I pointed out my tag and he told me that he will tow it like that. All of the incidents were caught on their video cameras on their truck.

I feel I can not park at the apartment complex where I live because of Ideal targeting me. I now have plates on my car but if they believe that that parking in the handicap parking is illegal then will they think the same with the plate.


TDLR will not help and BBB seems to be a joke for consumers. Can you help me?

--
Billy J.Webb


It's going to get worse, the Legislature needs to take another look at correcting the injustices in TDLR's enabling statute and funding.

TDLR Caters to Criminal Conduct with Reduced Fines for Licensees

Once again, TDLR caters to a corrupt towing and vehicle storage company by letting them off with a reduced fine of $15,000 instead original $63,000. Consumers and businesses alike continue to take a beating everyday by TDLR licensees who pride themselves on violating the law, knowing TDLR will most likely let them off with a reduced fine or penalty.

This is total bullshit, worst than the campaign donation driven Judges who make rulings of law which are so far from the intent of the law, it's sickening.

Two Steppin is a prime example of a TDLR licensee being allowed to harm consumers with zero restitution to the many victims of North Texas.

Consumers whom were victimized during unlicensed activity can expect no assistance from TDLR, as TDLR caters to their licensees. This will be another example to illustrate to the Legislature why additional regulations and increased criminal penalties are needed to protect Texas.

Consumers Molested Daily by Pedophile Wrecker Drivers

Lawlessness is what's happening in the San Antonio area, while the public stands around scratching their heads, wondering what is going on with all these bogus tows that costing them upwards to $300 each time.

The only part of Texas where consumers are given a fair shake, is in the Austin area, where towing companies and their drivers know the consequences in violating the law, jail and or fine or both.

The Houston area still generates a lot of calls from motorists who walked to get in the vehicle to drive to work, only to discover the vehicle gone, leaving them to wonder if it was repossesed, stolen or towed, anyone of those three reasons, will undoubtedly create problems for John Q motorist.

In the DFW area, 8 towing companies continue to harass the good folks from that part of the state, towing their vehicles for expired license plate or inspection sticker, expired parking permit, a whole new scam purported by Jess Horton with Southwest Tow Operators, to maximize his member company's' bottom line.

Down in the rio grande valley area, consumers are calling complaining their vehicles, towed from their apartment complex are being towed across the border into Mexico, one consumer was murdered while trying to leave Mexico with his vehicle, after paying for it.

Right here in Austin, Cedar Park Wrecker drivers are charging in excess of the regulated fee, leaving people fuming, because Cedar Park Police Dept will do nothing, rather oversee the daily criminal activity by their buddy towing companies.

It's really sad, consumers, who at one time, had a fighting chance to recover charges, but not anymore with Judges not making decisions based on law, rather the size of the campaign donation.

I read press releases from the USDOJ regarding Judges and elected officials being sent to federal prison for the same exact things that is occurring in communities all over the Texas. Influence peddling is evil and victims are being drag thru the mud while because of litigation, the process lingers for up to 2 years, time most victims don't have away from work.

It's a never ending battle, you have towing company owners who obey the law and others who do not make an attempt to obey the law, while our law enforcement agencies and courts just pander to these criminal enterprises.

This upcoming session of the Texas Legislature, it's my hope, with the same grass roots efforts, some consumer protections can be fixed to stop the continued criminal activity.

Don Creamer Found Guilty of Illegal Towing

This morning, a sitting judge, (not elected by voters) found Don Lee Creamer, Owner of Central Towing of Austin, guilty in reference to the towing scam during the 2009 SXSW Music Festival.

Creamer has been ordered to pay the victim, $500 in restitution and on November 18, 2010, Creamer will be sentenced.

This conviction based on Austin City Ordinance will result in Creamer's city tow truck operator's license being revoked. If Creamer is caught towing a vehicle with a revoked license, he will go to Jail, while his tow truck is impounded by Southside.

Something Must Change Soon

Good morning, it's a nice day here in Austin, Texas, not a cloud in the sky, but a dark cloud remains over TDLR, the Texas Towing Law, law enforcement who ignore their responsibilities and judges who base their finding not what the law says, rather campaign donations.

Consumers are taking a hard financial hit, as certain towing companies and wrecker drivers operate outside the bounds of Law, knowing they can commit criminal offenses everyday in their communities, while their police departments, ignore the fact a crime has been committed, with the same old punch line, "It's civil issue". There is NO VALID EXCUSE why any law enforcement agency fails to hold wrecker drivers, towing company owners and parking facility owner/manager/operator criminal responsible for knowingly violating the Law.

When will it every stop, criminal activity within the private property towing industry.

Why law enforcement statewide can't be on the same page in regards to enforcement of the towing law, that carries criminal penalties, is mind blowing, it gives the appearance to many, that the police are being paid off by their buddy towing company to reap ill-gotten financial gain.

TDLR recently made it to Facebook and Twitter, as if these social networks are going to boost the credibility with consumers, who do not benefit by filing complaints with their agency. I encourage TDLR to list all their licensees who are registered sex offenders, so consumers can make that choice rather or not if they want a convicted child molester arriving at their home to repair their ac unit with a mother and young children present, or arriving in a tow truck when calling a motor club to assist their teenager broken down on dark highway.

For the most, it's my opinion, that the City of Austin(COA) provides the best assistance to consumers who feel violated by a towing company or wrecker driver. The COA wrecker ordinance restricts registered sex offenders from being issued a tow truck operator license. Our city government and police department understand the dangers of allowing convicted felons, specifically child molesters, murderers, rapists and other hardcore criminals to come in contact with the public in a tow truck. Other cities around the state and TDLR frequently allow these types of career violent felony offenders to mingle of the public.

At the last TDLR Commissioners Meeting, TDLR staff denied an application for tow truck operator license convicted of raping a 14 year old girl, only to be overturned by Commission Chairman Frank Denton, who in my opinion should resign for unethical behavior, Commissioners Fred Moses and LuAnn Roberts Morgan. There decision was based after caving into Marcus Hull, general counsel for Southwest Tow Operators, not to mention part owner of Assured Towing Inc, who towed and stored 191 private property impounds at the unlicensed storage facility.

TDLR in my opinion should revoke Assured Towing Inc's towing and vehicle storage facility licensees for blatant abuses of State Law.

The very people (law enforcement) the public expects to protect them from organized criminal activity does nothing and TDLR surely doesn't plan to do anything other than collect fines from licensees, issue licenses to child molesters and our court system has become so litigated, the only people who benefit are attorneys and corrupt towing companies.

It's really sad how the business community ie parking facility owner/operators have sacrificed their integrity for the sake profit. I remember a time, when a property manager would never even think of accepting a financial benefit from a towing company salesperson or owner, but it happens everyday, in the form of free parking lot striping, permits and etc.

After hearing repeatedly in the news media regarding our state budget shortfall in the millions of dollars, TDLR's appropriations should be cut additional 15%, since they do nothing positive for consumers taken advantage by their licensees.

Motorist statewide continue to be abused by the drop fee when they catch the wrecker driver still in a private parking lot in the process of hooking up their vehicle. TDLR has done absolutely nothing to illustrate what "ready to transport" means, as I have shown on Texas Towing Compliance's Facebook page.

Bitten by Rabid Bat

I have not written much over the past couple of weeks, because being bitten by a rabid bat, I found in my yard, back on September 23, 2010. The 18 rabies vaccine shots are no problem, the side effects from the vaccine are horrible. Because I will not be released from the doctor treating the rabies, until October 27, 2010, there has come a slowdown on writing. That does not mean certain towing companies have cleaned their act up either.

I have plans to design Texas Towing Compliance's website soon, anyone who wants to participate in the design is encouraged to email me .

Keep me and my pup Nicky in your dreams, as we both are taking the vaccine shots.

It's Your Vehicle and Money: Fort Worth Police Nab Abandoned Vehicle Enforcement Committing Felony Offense

It's Your Vehicle and Money: Fort Worth Police Nab Abandoned Vehicle Enforcement Committing Felony Offense

Child Rapist License Approved by TDLR Commissioners Today

Convicted child rapist Derrick McCray was approved today in a 3 to 2 vote (Moses, Denton, Morgan) for an occupation licenses, a move sure to add to the jitters of the public when calling a business licensed by the Texas Department of Licensing & Regulations for service.


TDLR staff were not amused as once again, appointees by Gov Rick Perry, going against the denial decision based on the laws, meant to protect consumers and the public, especially from these types sexual predators.

The public has to understand the serious threat posed to them when calling a business regulated by this agency, the person arriving at your doorstep, or arriving to your location could be a registered sex offender and/or a convicted felon.

Central Towing Owner, Don Lee Creamer Appears in District Court

This morning, the witnesses and towing victims of the 2009 South by Southwest Music Festival, all showed up to Travis County Courthouse, the trial of Don Creamer, charged in the felony theft surrounding the numerous vehicles stolen from the Whataburger parking lot.

Creamer's attorney was working the prosecutor, Jacqueline Wood, for deferred adjudication sentence, but that was refused, as Court recognizes the magnitude of the seriousness of the crime.

Therefore, Travis County Judge Mike Lynch sets a Jury Trial date for October 25, 2010.

As everyone leaving the courtroom, Creamer intimidates the employee of Whataburger, not realizing that Creamer's action are criminal, is advised by a Whataburger Security staff member to say nothing to Creamer and to tell the prosecutor of Creamer's actions.

Largest Towing Scam in the History of Texas Towing Law

One of the largest towing scams in the history of private property impounds, has occurred in Austin, Texas, by Assured Towing Inc, the very towing company, whom has caused havoc, since their inception in 2001. (JC-0554)

Based on data obtained thru the Texas Department of Licensing & Regulation (TDLR) Assured's unlicensed vehicle storage facility located at 4416 Brandt Rd,  reported at least 228 private property impounds to law enforcement, during the time period, Aug 16 - Aug 29, 2010, all stored at unlicensed vehicle storage facility.

The TDLR Regulation says:

85.203. License Requirements--Vehicle Storage Facility License Renewal. (New section adopted effective April 15, 2008, 33 TexReg 2931) (a) To renew VSF license, an applicant must:

(1) submit a completed application on a department-approved form;
(2) pay the applicable fee required under §85.800; and
(3) successfully pass a criminal background check.

(b) To renew and maintain continuous license, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any functions of a VSF that requires a license under this chapter.
(c) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.


This wide ranging fraud encompasses many victims, lien holders, and insurance companies who have no idea they taken advantage of, by none other than Les Juliano and Mark Hull, who profited because of this criminal conduct.

It must be remembered, that Mark Hull is General Counsel for Southwest Tow Operators, Austin Towing Association and a Director with the Assured Towing Inc, my opinion, Mark Hull should lose his law license for his reckless conduct during the participation of his company operating 13 days without a valid license, a crime.

Our friends at TDLR, Texas Department of Licensing & Regulations, has me worried.

Lead Investigator Don Vara, told me his folks (investigators) gathered the information requested from law enforcement and September 8th Auction vehicle records. Several vehicles sold at that auction by Gaston & Sheehan, lacked the required 72 days of storage, but were auctioned any way.

It is not unusual for multiple complaints to be combined into one Notice of Alleged Violation or into one hearing.  It is also not unusual for the complained of action to not be a violation and yet the Department goes forward on other violations found during the investigation.

TDLR has never had a complaint with this many victims, 200+, and surpasses the towing scams in the DFW area during Cotton Bowl game events.

Assured Towing Inc's towing license should be revoked for shear number of violations committed during this unlicensed activity, anything else would be a travesty and an example when testifying during upcoming legislative hearings against the views of Jess Horton, Southwest Tow Operators, regarding what's best for law abiding companies and consumers!

Drop Fee Scams Sure to Increase Statewide

What most people, including members of law enforcement don't know about the new guidelines regarding private property towing, the maximum and drop fee, will cause unnecessary grief to consumers, because this lack of knowledge.

Below, this listed on the TDLR website, which is not available in print form, or books that officers carrying in their trunks, consumers have no idea how to access the information without a computer.

DROP FEE

What is a drop fee?
A drop fee is a charge offered instead of a towing fee that allows the vehicle operator to stop the tow without paying the full tow charge and additional storage charges.

What does the term "hooked up" mean?
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.

What does the phrase vehicle owner or representative "attempts to retrieve the motor vehicle" mean?
For purposes of paying the drop charge, the terms vehicle owner or representative means any person who offers to pay the drop charge to stop the tow. Attempt to retrieve the motor vehicle means any verbal request that a reasonable person would understand to mean, "Do not tow my car."

What does the phrase "before its removal from the property" mean?
The phrase "before its removal from the property" refers to vehicles parked on property other than a public roadway. Until the tow truck enters a public street, road or highway, the vehicle owner or operator has an absolute right to regain possession of the vehicle by payment of the drop charge.

What does the phrase "before its removal from the parked location" mean?
The phrase "before its removal from the parked location" refers to vehicles parked on a public roadway. Until the vehicle is hooked up, as described in the definition of hooked up, and the tow operator drives away, the vehicle has not been moved from its parked location.

Can I charge a drop fee, if the owner or operator arrives to move the vehicle before I have fully hooked it up?
No. You must allow the owner or operator to move the vehicle.

Can I charge a drop fee, if the owner or operator arrives after the car is hooked up but before I've left the property or its parked location?
Yes. You must tell the owner or operator that they can pay on the spot for you to drop the vehicle.

Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives when the vehicle is in tow, but before I've left the property?
Yes. If the vehicle is fully hooked up and you are in transport, but you are still on the property, you are required to tell the owner or operator that they may pay a drop fee.

Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives after I've left the property with the vehicle in tow?
No, once you are in transport on a public roadway off the property, you may proceed to a licensed vehicle storage facility.

What form of payment can an owner or operator use to pay for a drop fee?
You must accept cash, debit cards and credit cards.

Reference the maximum fees that can be charge:

86.455. Private Property Tow Fees. (New section adopted effective September 1, 2010. 35 TexReg 7788)
 
(a) For purposes of this section:

(1) light-duty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;
(2) medium-duty means the tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; and
(3) heavy-duty means the tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds; and
(4) drop charge means the maximum that may be charged for the release of the vehicle before its removal from the property or parked location.

(b) The maximum amount that may be charged for private property tows is as follows:

(1) light duty tows -- $250;
(2) medium duty tows -- $350; and
(3) heavy duty tows -- $450 per unit or a maximum of $900.

(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property or parked location, the maximum amount that may be charged for a drop charge (if the motor vehicle is hooked up) is:

(1) light duty tows -- $125;
(2) medium duty tows -- $175; and
(3) heavy duty tows -- $225.

(d) If an owner, authorized operator, or authorized agent of the owner of a motor vehicle is present before the removal from the property or parked location the tow operator shall advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing drop charge.

(e) For purposes of this section, a tow company must accept cash, credit cards and debit cards as payment for the drop charge.