Excessive Towing/Storage Fees Above Authorized Rates
Texas Occupations Code § 2308.458(c)(2)-(4) makes the JP hearing officer's jurisdiction expressly include excessive fees. If the political subdivision (city/county) where the tow occurred has set a maximum nonconsent tow fee under §§ 2308.201–2308.202, or the TDLR has set a maximum under §§ 2308.0575/2308.203, anything charged above that amount is recoverable. Storage fees are likewise capped under Occupations Code Chapter 2303. Many private property tow operators charge "administrative fees," "after-hours release fees," "impound notification fees," or "gate fees" on top of the statutory tow charge — these can be challenged and often refunded.
Legal basis
Texas Occupations Code §§ 2308.0575, 2308.201, 2308.202, 2308.203, 2308.458(c)(2)-(4); Chapter 2303
Sample appeal wording
Pursuant to Texas Occupations Code § 2308.458(c)(2)–(4), I challenge the towing and storage charges imposed in connection with the removal of my vehicle as exceeding the maximums authorized by [CITY OF ___ ORDINANCE / TDLR rule under § 2308.0575]. The maximum authorized nonconsent tow fee for a [LIGHT-DUTY/MEDIUM-DUTY/HEAVY-DUTY] tow in this jurisdiction is $[AMOUNT]. I was charged $[AMOUNT CHARGED]. The following itemised charges are not authorized: [LIST]. I request reimbursement of the excess under § 2308.458(e)(3) plus court costs and attorney's fees under § 2308.458(e)(1).
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Department of Licensing and Regulation – Towing Program fee schedules
- Texas Occupations Code Chapter 2308
- Texas Occupations Code Chapter 2303 (vehicle storage)