Tow Hearing 14-Day Clock Never Started
Under Texas Occupations Code § 2308.456(c) and (c-1), the 14-business-day deadline to request a tow hearing only begins running once the towing company / vehicle storage facility actually provides the vehicle owner with the statutory § 2308.454 written notice of rights AND all of the information needed to complete the hearing request (authorizing party's name/address/phone, storage facility info, etc.). If they failed to give you the rights notice, or the receipt does not name the parking facility owner who authorized the tow, the deadline does not run and you can request a hearing weeks or months later. § 2308.454(e) makes the towing/storage company directly liable to you if they failed to disclose the authorizing party.
Legal basis
Texas Occupations Code §§ 2308.454, 2308.456(c) and (c-1)
Sample appeal wording
I am filing this hearing request out of time pursuant to Texas Occupations Code § 2308.456(c) and (c-1). The towing company / vehicle storage facility ([NAME]) failed to provide the written notice of my hearing rights required by § 2308.454(a). [Optionally: They also failed to provide the name, address, and phone of the parking facility owner who authorized the tow, so the period in (c-1) has not begun.] Therefore the 14-business-day deadline of § 2308.456(a) has not commenced. I additionally invoke § 2308.454(e) and request that any towing/storage fees paid be refunded directly by [TOWING COMPANY] regardless of the probable cause finding.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Texas Occupations Code § 2308.454
- Texas Occupations Code § 2308.456(c)(c-1)