No Probable Cause for Nonconsent Tow
Texas Occupations Code § 2308.452 gives every Texas vehicle owner an absolute statutory right to a court hearing on whether probable cause existed for any nonconsent tow or boot. The court is the JP court in the precinct where the vehicle was removed (§ 2308.453). At the hearing, the towing company / parking facility must justify the tow; if the JP cannot find probable cause, the owner is entitled to full reimbursement and may recover court costs, attorney's fees, photograph costs, and any excess fees (§ 2308.458(e)). Common winning scenarios include: vehicle was actually authorized to park there, parking facility owner did not personally authorize the tow as required, towing company towed before the statutory waiting period, or the alleged "unauthorized" status is unsupported.
Legal basis
Texas Occupations Code §§ 2308.452, 2308.453, 2308.458
Sample appeal wording
TO: Justice of the Peace Court, Precinct [PRECINCT], [COUNTY] County, Texas RE: Request for Tow Hearing — Texas Occupations Code § 2308.456 I, [NAME], owner/operator of [YEAR/MAKE/MODEL, plate [PLATE]], request a hearing under Tex. Occ. Code § 2308.452 to determine whether probable cause existed for the removal of my vehicle on [DATE] from [LOCATION]. Required information (§ 2308.456(b)): (1) Owner: [NAME, ADDRESS, PHONE] (2) Removal location: [FULL ADDRESS] (3) Date removed: [DATE] (4) Authorizing person/agency: [NAME, ADDRESS, PHONE] (5) Storage facility: [NAME, ADDRESS, PHONE] (6) Towing company: [NAME, ADDRESS, PHONE] (7) Attached: receipts and notices received from the towing company / VSF (8) Attached: photographs of every entrance to the parking facility and any posted sign (or statement no sign was posted) Grounds: No probable cause existed for the tow because [SELECT: I had a valid lease/permit/customer authorization; the parking facility owner did not personally authorize this specific tow; vehicle was towed before the statutory waiting period; signage failed §§ 2308.301-2308.303 requirements; tow was retaliatory or based on incorrect plate read]. Relief sought under § 2308.458(e): full reimbursement of towing and storage fees, court costs, attorney's fees, photograph costs, and refund of any fees in excess of those authorized by the political subdivision under §§ 2308.201–2308.0575. Signed: ____________________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Occupations Code §§ 2308.452-2308.460
- Texas Justice Court Training Center bench book