Complaint Review: The Apple Apartments - Irving TX
- The Apple Apartments 3005 W Walnut Hill Ln Irving, TX United States
- Phone: 972.659.1112
- Web: https://www.apple-apts.com/the-appl...
- Category: illegal reposition of vehicle, Property management, Landlords
The Apple Apartments Apartment Property Manager Authorized an Illegal Tow of my car Irving TX
*General Comment: Important point?
*Consumer Comment: Amazing
*General Comment: Just to clarify....
*Consumer Comment: JOHN
*General Comment: So, to sum up....
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My wife and I each have a car. My wife's car is a small car that gets great gas mileage. My car is a SUV that gets bad mileage. We have registered both cars with our apartment complex. My apartment does not have assigned parking.
Because we only use my car in certain circumstances I did not renew it's registration when it expired. It had been sitting in the same spot for around two months. One day when my wife went in to deliver the rent check they mentioned to her verbally that they were going to tow my SUV for expired registration and because it has been sitting in the same very good spot for a long time. They did not give us anything in writing just mentioned it verbally. When I got home that day I got my SUV moved to a very out of everyone’s way spot. It is important to note that the apartment complex does not have problems with not having enough parking spots.
On the November 23rd I received a letter notifying me that The Apple Apartments had Authorized my SUV to be towed on November 17th and that my SUV was impounded and would have to be picked up at my own expense.
Occupations Code 2308.253 (d)(1)(2) states: an APARTMENT COMPLEX may not have a vehicle removed from the parking facility merely because the vehicle does not display:
(1) an unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the vehicle registration law of another state or country; or
(2) a valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of another state or country.
(e) A contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or operator of the vehicle to be given at least 10 days’ written notice that the vehicle will be towed from the facility at the vehicle owner’s or operator’s expense if it is not removed from the parking facility. The notice must be:
(1) delivered in person to the owner or operator of the vehicle; or
(2) sent by certified mail, return receipt requested, to the owner or operator.
The Apple Apartments never gave me written notice and is now claiming that the tow company put an orange sticker on my car that counts as written notice. This sticker does not count as the written notice the apartment complex is required to provide and towing without 10 days written notice is an illegal towing of my vehicle.
This report was posted on Ripoff Report on 12/01/2018 11:07 AM and is a permanent record located here: https://www.ripoffreport.com/reports/the-apple-apartments/irving-tx-75038/the-apple-apartments-apartment-property-manager-authorized-an-illegal-tow-of-my-car-irvi-1468595. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#5 General Comment
Important point?
AUTHOR: John - (United States)
SUBMITTED: Sunday, December 02, 2018
"It is important to note that the apartment complex does not have problems with not having enough parking spots."
What an odd comment. In fact, it isn't REMOTELY important that you think the complex has plenty of parking spaces so it should be no big deal if you want to leave an unregistered (and therefore undriveable) car in one of them. It wouldn't matter if the complex had a thousand empty parking spots. You have no right to use one to leave an unregistered car, even if you are willing to illegally move it every once in a while to another spot. Your sense of entitlement is really something.
And when your wife was warned by the complex that your SUV was going to be towed for expired registration and because it had been in the same spot, your response was....to move it to another spot. Not to just pay a small registration fee. Nope, you thought it would be better to ignore the first half of the warning and illegally "fix" the second by moving the car "to an out of the way spot." And then you have the gall to complain because you weren't given written notice.
Just Brilliant. And you think you deserve sympathy here?
#4 Consumer Comment
Amazing
AUTHOR: Robert - (United States)
SUBMITTED: Sunday, December 02, 2018
I always think it is quite humerous when people spend so much time posting the law to show that they are not responsible. Only to leave off one very important part, so let me help you out about the notification.
If you actually look at the law you will notice a 3rd way they can notify you..that you convieniently didn't post.
(e) A contract provision providing for the towing from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia is valid only if the provision requires the owner or operator of the vehicle to be given at least 10 days' written notice that the vehicle will be towed from the parking facility at the vehicle owner's or operator's expense if it is not removed from the parking facility. The notice must:
(1) state:
(A) that the vehicle does not display an unexpired license plate or registration insignia;
(B) that the vehicle will be towed at the expense of the owner or operator of the vehicle if the vehicle does not display an unexpired license plate or registration insignia; and
(C) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and
(2) be:
(A) delivered in person to the owner or operator of the vehicle;
(B) sent by certified mail, return receipt requested, to that owner or operator; or
(C) attached:
(i) to the vehicle's front windshield;
(ii) to the vehicle's driver's side window; or
(iii) if the vehicle has no front windshield or driver's side window, to a conspicuous part of the vehicle.
You can verify this law by going to the actual State of Texas Web site...
statutes.capitol.texas.gov/Docs/OC/htm/OC.2308.htm
I underlined the section that may be of some interest to you.
The fact that you didn't even know your car was towed until you received a letter from them 6 days later. So it is very likely you hadn't even looked at your car to see the notice, or perhaps you did see the notice and whereever you got your "information" from figured you could play the tehnicallity game. But either way it doesn't take away the fact that you were legally notified.
Now, the real funny part of this is what some people try to go through to supposedly save money. As to your entire story why you don't want to get it registered. Yes, according to you your SUV has horrible mileage but how many miles would you have to drive in your wife's car(putting wear and tear on her car) to save enough money to account for all of the penalties and fees for when you do finally decide to register the car? So perhaps it is more of a case that your SUV won't pass inspection, meaning it is in worse shape than you are leading us to believe. Also, I am not sure what "circumstances" you drive the SUV in, but any time you enter public roads and it is an expired registration you can be pulled over, fined and have your car towed. If you try to just use "day" permits, how much time and effort are you doing for that?
Oh and NO I am not now or have I ever worked for this or any apartment complex, the towing company(which you actually never mentioned).
#3 General Comment
Just to clarify....
AUTHOR: John - (United States)
SUBMITTED: Sunday, December 02, 2018
I didn't call John and his wife "hicks" because they live in Texas- I didn't even notice where he was posting from. I called them hicks for thinking that not wanting to use a car anymore justifies letting the registration expire and then just keeping it permanently parked at an apartment complex. (BTW, John, the moment you moved the car to an "out of the way space," you broke the law- you don't get to drive your unregistered car, sorry.) That's a very hick move and the complex had every right to tow the car (John was lucky they waited two months, they could have had it towed as soon as the tags expired.)
#2 Consumer Comment
JOHN
AUTHOR: Stacey - (United States)
SUBMITTED: Saturday, December 01, 2018
I take offense to the term "hicks" just because they (as I do) live in TEXAS. BUT the apartment complex gave you notice therefore you chose to ignore that notice so this in on YOU!! They DID give you written notice so your report is mute.
#1 General Comment
So, to sum up....
AUTHOR: John - (United States)
SUBMITTED: Saturday, December 01, 2018
You are two stupid hicks who think that renting an apartment entitles you to store a car in it's parking area for free.
The moment you let the registration expired, the complex management was entirely within it's rights to have it towed, as it was a vehicle which could not legally be driven. Instead they gave you two months to get your act together, and you did nothing but let what for all they knew was an abandoned car sit there and rust. You guys sure have a strong sense of privilege if you thought you could just leave an undrivable car in a spot you don't own permanently.
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