Parking legally in Texas is more than just finding a convenient spot; it’s crucial for your financial well-being and to avoid the significant hassle and expense of having your car towed. While “repo” technically refers to vehicle repossession due to loan default, understanding Texas parking regulations and the consequences of illegal parking can help you avoid a situation where you lose access to your car and incur substantial fees, which can contribute to financial strain. This guide from Car Repair Online explains how to park smart in Texas to steer clear of towing and its associated costs.
Understanding Your Parking Rights and Responsibilities in Texas
Texas law protects car owners from wrongful towing but also outlines clear rules for legal parking. Knowing your rights and responsibilities is the first step in avoiding a tow.
Your Rights When It Comes to Towing:
- If the Tow Isn’t Fully Hooked Up: If you return to your car as a tow truck is hooking up, but before it’s fully ready to be towed, you have the right to take your car back without any charge. You don’t even need to prove ownership at this stage.
- If the Tow is Ready but Still on the Lot: Even if your car is fully hooked up and ready for towing, but hasn’t left the parking lot, you can still get it back by paying a “drop fee.” Again, proof of ownership isn’t required at this point.
- Locating Your Towed Car: If your car has been towed, look for a “no parking” sign with a phone number. This number will lead you to the Vehicle Storage Facility (VSF) where your car is located.
- Access at the VSF: You have 24/7 access to claim your car at a VSF that operates 24 hours a day. Even if the VSF has limited hours, you can access your car to retrieve ownership documents or personal belongings without paying any fees.
- Tow Hearing Rights: If you believe your car was wrongfully towed or you were overcharged, you have the right to request a tow hearing at a Justice of the Peace Court within 14 days of the tow.
Things You Do NOT Have the Right To Do:
- You cannot remove parts from your car while it’s at the VSF.
- You cannot retrieve your car from the VSF without paying towing and storage fees.
- You cannot demand the boot removal without paying the booting fee.
- You cannot get your car back from the VSF without proving you are the owner or authorized user.
- You cannot retrieve your car after it’s been removed from the parking facility but before it’s at the VSF.
Alt text: Tow truck in the process of towing a sedan, emphasizing vehicle removal due to parking violations in Texas.
Steps to Take if You’re Confronted with a Tow Truck
Knowing what to do in the moment can save you money and stress.
If Your Car is Being Hooked Up (But Not Fully Ready):
- Immediately ask for your car to be released. You are entitled to get your car back without paying any fees if it’s not fully hooked up for towing. Ownership proof isn’t required in this situation.
If Your Car is Fully Hooked Up and Ready to Tow (But Still on the Lot):
- You can still get your car back, but you will have to pay a “drop fee.” This fee is capped statewide and varies based on vehicle weight. Tow truck drivers in Texas must accept cash, credit cards, and debit cards for drop fees.
If Your Car Has Already Been Towed:
- Find the Tow-Away Sign: Look for posted signs with a phone number to call. This will help you locate the VSF where your vehicle has been taken.
- Booted Vehicles: If your car has a boot, there should be a sticker with a phone number to call for removal. Do not attempt to remove the boot yourself, as this could damage your car.
Alt text: Close-up of a no parking sign in Texas, highlighting the importance of heeding parking restrictions to prevent vehicle towing.
Recovering Your Car from a Vehicle Storage Facility (VSF)
Getting your car back from a VSF involves several steps and requires you to provide documentation and payment.
What You MUST Do to Recover Your Car:
- Provide Photo Identification: Acceptable IDs include state-issued driver’s licenses or ID cards, federal government photo IDs, or foreign government photo IDs like a Mexican driver’s license.
- Prove Ownership or Authorization: You need to prove you own the car or have permission to use it. Acceptable documents include:
- Your driver’s license matching DMV records.
- Your insurance card listing you as a named insured.
- The car’s title in your name.
- A notarized power-of-attorney from the owner.
- Tax collector’s receipt and registration renewal card with matching ID.
- A current lease or rental agreement.
- A completed TDLR Personal Vehicle Owner Removal and Inspection form (or Commercial Vehicle form if applicable). VSFs should have these forms available.
- Pay All Applicable Fees: Be prepared to pay towing and storage fees. These fees are regulated in Texas.
Understanding Towing and Storage Fees:
- Tow Charge: Maximum rates are set statewide but can be lower based on local rules. Fees vary by vehicle weight.
- Daily Storage Charge: VSFs charge daily storage fees, with rates depending on vehicle length. Note that storage fees have biennial adjustments. A key point to remember is that a daily storage fee cannot be charged for more than one day if the car is stored for less than 12 hours.
- Notification Fee: VSFs can charge a notification fee for informing you about your towed car, but this fee is capped, and not applicable if you reclaim your car within 24 hours or before notification is sent.
- Impoundment Fee: An impoundment fee may be charged if the VSF has to take extra steps to secure your vehicle, such as covering broken windows or inventorying unsecured property. This fee is also capped, and the services must be itemized on your bill.
- Governmental/Law Enforcement Fees: VSFs can collect fees that they are required to pay to law enforcement or government agencies.
- No Additional Fees: VSFs cannot charge any storage-related fees beyond those listed above.
Alt text: Image of a Vehicle Storage Facility in Texas, emphasizing where towed vehicles are taken and the importance of understanding recovery procedures.
Your Right to Information and Recourse
Texas law ensures you are informed and have avenues for dispute resolution.
Information You Are Entitled To:
- Tow Ticket: Towing companies must issue a tow ticket with itemized charges and company information. You are entitled to a copy.
- Statement of Consumer Rights: You should receive information about your right to a tow hearing and how to file for one.
- VSF Information: VSFs must provide you with TDLR’s contact information for filing complaints.
Tow Hearings:
- If you believe your tow or booting was wrongful or fees were excessive, you can request a tow hearing within 14 days of the incident at a Justice of the Peace Court in the county where the tow occurred. The notice you receive should include information on how to request a hearing.
Filing a Complaint:
- You can file a complaint with the Texas Department of Licensing and Regulations (TDLR) online regarding towing companies, VSFs, or booting companies. This is separate from requesting a tow hearing but can be an additional step if you believe regulations were violated.
By understanding Texas parking laws, your rights, and the procedures involved in towing and vehicle recovery, you can make informed decisions about parking and take steps to avoid unnecessary towing expenses. Parking legally is not just about convenience; it’s about protecting your vehicle and your finances in Texas. Remember to always park in designated areas, heed parking signs, and be aware of restricted parking zones to avoid the costly and stressful experience of vehicle towing.
