Robert J. Bertram Builders

*** **, *** Re: Complaint ID *** submitted */**/*** by *** I*** Attached are four photos that were taken of the vehicle’s windshield at the time the complainant’s vehicle was towedThe first photo is a screen shot of my cell phone showing the date and time that I was texted the pictures of the complainant’s vehicle just prior to towingThe second photo shows the first photo in the seriesYou can see that the exact placement of the expired parking pass matches the placement of the photo in the cell phone screen shotThe third photo zooms in and you can see that the placement of the expired pass is still the same as in the first photoThe fourth photo is the cloof the expired pass that I sent beforeI am sorry that when photos are texted to me there is no date/time stamp but I believe that any reasonable person can see that these photos were taken on January at the time the vehicle was towed. I understand that the vehicle’s owner is unwilling to believe that the situation was misrepresented to her by the vehicle’s driver, but that is a more likely scenario than one in which a Roadrunners employee took the pictures the previous day while the pass was current in expectation that the vehicle would be parked in the lot again the next day, then waited until the next day after the pass had expired and towed the vehicle, which is apparently what the complainant is implying. This was a legal tow for which Bryan city ordinance allows a charge of $The complainant was only charged $at the request of the apartment management because the driver of the vehicle did receive a current visitor’s pass the day the vehicle was towed, but it was legally towed because the driver failed to display that passWe will not be refunding the $70.00. Roadrunners Towing & Recovery

Roadrunners Towing has a contract with the owners of the parking facility, Chicken Oil, Incto tow any vehicles for which the driver does not pay before leaving the lotThe instructions for paying are posted on a huge billboard sized sign located above the pay box and facing the parking lotMs
*** was observed leaving the lot without paying, as she plainly states in her complaintThe argument that she returned later to pay is not relevant because our spotter is not able to associate people who randomly put money in the pay box with any particular vehicleMs*** filed for a tow hearing and her case was heard on October The judge decided in her favor, we believe erroneouslyWe will be appealing the judgment because by allowing a person to pay in a manner not allowed by the owner we believe the judge exceeded his authority to decide how a private property owner can conduct businessThis case will be going to county court

The apartment complex where Ms***’s vehicle was parked has a contract with Roadrunners to enforce their parking rulesIt is the responsibility of the residents to inform their guests of those rulesA resident’s parking sticker or a current visitor’s pass must be visibly displayed on the
windshield or dash of every vehicle parked in the lot, or it will be towedMs***’s vehicle had an expired visitor’s pass on display at the time it was towedState law and the Bryan city ordinance limit the fee for private property tows to $for the first dayHowever, it was later discovered that the apartment management had a current visitor’s pass on file for Ms***’s vehicle when it was towed and so asked us to reduce the fee to $in order to cover our out-of-pocket costs, which we didIt is unknown why the current pass was not displayed. The apartment management has a legal right to establish and enforce rules for the use of their propertyThe responsibility to follow those rules lies with the driver of the vehicle who parked the carHer failure to display a current visitor’s pass resulted in her vehicle being towedShe could have been charged $to have her car released but the apartment management generously made allowance for her mistake and reduced the fee to only $There is no “scam” involved, just a failure to follow rules on the part of the driver of the vehicle

Complaint: ***
I am rejecting this response because: the photo does not reflect the exact date and timeIf you do not have a photo with the date and time, please process the refund
Regards,
*** ***