Insufficient Tow Sign – Strict Statutory Standards Not Met
Under Texas Occupations Code § 2308.301, a private parking facility may only tow or boot an unauthorized vehicle if a sign meeting strict statutory specifications is conspicuously posted. Required: faces driver entering, located at every driveway/curb cut (or every 25 feet at wide entrances), permanently mounted on a pole/post/permanent wall, mounting bottom edge between 5 and 8 feet above ground level, weather-resistant material, at least 18" wide × 24" tall, contains the international tow symbol, lists who may park, bears the exact statutory wording, gives days/hours of enforcement, and lists a 24-hour phone number with area code. Even a small deficiency (e.g., wrong height, missing 24-hour number, faded letters) defeats probable cause at the tow hearing. Photographs of the sign (or absence of one) are explicitly required to be filed with the hearing request under § 2308.456(b)(8).
Legal basis
Texas Occupations Code §§ 2308.301, 2308.302, 2308.303; § 2308.456(b)(8); § 2308.458(c)(1)
Sample appeal wording
TO: Justice of the Peace, Precinct [PRECINCT], [COUNTY] County, Texas RE: Request for Tow Hearing under Texas Occupations Code § 2308.456 Vehicle Owner/Operator: [FULL NAME] Address: [ADDRESS], Phone: [PHONE] Vehicle: [YEAR/MAKE/MODEL/PLATE] Date of tow: [DATE] Time: [TIME] Location towed from: [FULL ADDRESS / PARKING LOT NAME] Towing company: [NAME, ADDRESS, PHONE] Vehicle storage facility: [NAME, ADDRESS, PHONE] Authorizing party: [NAME, ADDRESS, PHONE — required by § 2308.456(b)(4)] Grounds: I dispute that probable cause existed for the removal of my vehicle pursuant to Texas Occupations Code § 2308.452. The signage at the parking facility did not satisfy Texas Occupations Code §§ 2308.301–2308.303 because: [SELECT/EDIT — sign was not at the entrance; sign was lower than 5 feet / higher than 8 feet; sign did not contain the international tow symbol; sign did not display a 24-hour phone number with area code; sign did not state hours of enforcement; sign was less than 18" × 24"; sign was not weather-resistant or was illegible; no sign was posted at all]. Attached: photographs of every entrance and the alleged sign as required by § 2308.456(b)(8); receipt from towing company / vehicle storage facility; copy of any notice received. Under § 2308.458(e), I request: (1) reimbursement of all towing and storage fees; (2) court costs and reasonable attorney's fees; (3) reasonable cost of the photographs; and (4) any treble damages and $1,000 statutory penalty available under § 2308.404(c) if the violation was knowing or reckless. Signed: ____________________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Texas Occupations Code Chapter 2308
- Texas Justice Court Training Center
- Texas Department of Licensing and Regulation (TDLR) – Tow Truck Program